For many working in the USA on an EB3 Unskilled Visa, their prior education, work history, and hard work makes them prime candidates for promotion with their sponsoring employer. But the question often arises whether an EB3 Unskilled employee can accept promotion. Because, an EB3 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 is whether the promotion places the worker in a new EB3 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 to 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. So, can you accept a promotion while working on an EB3 unskilled visa? Maybe. It would be wise to consult an before doing so.

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