Can an EB-3 Unskilled Worker Accept a Promotion?

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For many working in the USA on an EB-3 Unskilled Visa, their prior education, work history, and hard work make them prime candidates for promotion with their sponsoring employer. But the question often arises whether an EB-3 Unskilled employee can accept a promotion.

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The Question of Role Change for EB-3 Workers

Because an EB-3 worker is technically hired and sponsored for a specific job, are they allowed to change roles? The answer is, as is often the case, “it depends.”

The Issue of Material Change and EB-3 Categories

The issue is whether the promotion places the worker in a new EB-3 category before being issued a green card. There are numeric restrictions placed on each category of employment-based visa on an annual basis, so it is important to stay within your category until you have received your green card. When reviewing your application, USCIS will be looking for a “material change” in the conditions of your application.

If you were sponsored for a job that required no skills or education but arrived at your USCIS interview while working in a technical managerial role that requires two years of experience, USCIS might consider it a fraudulent attempt to gain a green card by applying under a category that required showing less evidence.

The Bottom Line

So, can you accept a promotion while working on an EB-3 unskilled visa? Maybe. It would be wise to consult an attorney before doing so.

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