Your EB-3 is Pending: Now What?
Understanding EB-3 Visa and Its Pending Status
The EB-3 visa category is designed for skilled workers, professionals, and other workers who wish to obtain permanent residency in the United States. This category is divided into three subcategories:
- Skilled Workers: Individuals whose jobs require at least two years of training or experience.
- Professionals: Individuals whose jobs require at least a United States bachelor’s degree or a foreign equivalent.
- Other Workers: Individuals who perform unskilled labor requiring less than two years of training or experience.
Obtaining an EB-3 visa can be a significant step towards securing a stable and prosperous future in the United States. However, it is not uncommon for applicants to experience delays in the process.
Common Reasons for EB-3 Applications Being Pending
There are several reasons why an EB-3 application might be delayed. Some of these reasons include:
- Backlogs: Due to high demand and limited visa numbers, EB-3 applications can experience significant backlogs, leading to extended processing times.
- Incomplete Documentation: Missing or incorrect documents can cause delays in the processing of the application.
- Additional Evidence Requests: The USCIS may request additional information or evidence to support the application, which can prolong the process.
- Administrative Processing: Occasionally, applications undergo additional administrative processing, which can further delay the approval.
It is important to understand that the EB-3 process by itself does not grant work authorization. To be eligible for employment authorization, you must maintain legal status, have your EB-3 labor certification and I-140 petition approved, and a visa must be available under the EB-3 category. Applying for Form I-765, if you meet these criteria, can provide you with the employment authorization you need, reducing some of the stress and uncertainty associated with the pending status. It’s important to stay informed and consult with an immigration attorney to ensure your application process goes smoothly. Our team of immigration attorneys at Davis & Associates are well versed in the EB-3 visa process and can help ensure that your rights are protected.
What is Form I-765?
Form I-765, also known as the Application for Employment Authorization, is important for people waiting for their EB-3 visa approval. This form lets you apply for an Employment Authorization Document (EAD), which proves you can work in the United States while your immigration application is being processed.
By applying for Form I-765 while your EB-3 is pending, you can keep working and supporting yourself during the waiting period. This is a crucial step to make sure you stay financially and personally stable in the United States.
It is highly advised that you consult with your immigration attorney when applying for Form I-765, as well as your EB-3 application. They can offer personalized advice and ensure that everything is filed correctly to avoid further delays.
What to Expect When Applying for Form I-765
When you apply for Form I-765, understanding the typical processing times can help you plan accordingly. Generally, the processing time when applying for Form I-765 varies depending on the service center handling your application and the volume of applications they are processing. On average, you can expect the processing time to range from 2.5 to 5 months. However, it’s important to check the USCIS website for the most current processing times, as they can change based on various factors.
How to Check the Status of Your Application
Once you have submitted your Form I-765, you will want to stay informed about its progress. USCIS provides several ways to check the status of your application:
- Online: You can use the USCIS Case Status Online tool by entering your receipt number. This tool provides updates on the current status of your application.
- USCIS Account: If you created an account on the USCIS website, you can log in to view detailed information about your case and receive notifications about any updates.
- Customer Service: You can contact USCIS Customer Service for status updates and additional information about your application.
Staying proactive and regularly checking your application status can help you stay informed and prepared for any necessary actions.
What to Do if There Are Delays or Issues
If your application for Form I-765 encounters delays or issues, there are steps you can take to address them:
- Contact USCIS: If your application is outside the typical processing time, you can submit an inquiry to USCIS for an update on the delay. Use the USCIS website or call their customer service for assistance.
- Request Expedite: In certain circumstances, you may be able to request expedited processing. This option is available if you can demonstrate severe financial loss, urgent humanitarian reasons, or other compelling factors.
- Seek Legal Assistance: If you encounter significant issues or delays, consulting with an immigration attorney can provide you with professional guidance. An attorney can help you navigate complex situations and communicate with USCIS on your behalf.
Understanding what to expect when you apply for Form I-765 while your EB-3 is pending can help you manage your expectations and take proactive steps to ensure a smooth application process. Keeping track of your application status and knowing how to address any delays or issues will help you stay on top of your employment authorization needs during this critical period.
How Our Immigration Attorneys Can Help
Applying for Form I-765 while your EB-3 is pending is a crucial step to ensure that you can legally work in the United States during the waiting period. Don’t wait for uncertainty to impact your professional and personal life. Take action now to secure your employment authorization and navigate the complexities of the immigration process with confidence. For personalized guidance and expert assistance with your Form I-765 application and EB-3 visa process, contact Davis & Associates. Our experienced immigration attorneys are here to help you every step of the way, ensuring that your application is handled efficiently and effectively. Contact us today to schedule a consultation and get started on securing your future in the United States.