EB-3 Unskilled

If you are currently in the U.S. on a B status, it is unlikely that you will have enough time to start the Labor Certification process and complete the adjustment of status (AOS) from within the U.S. If you are not in the U.S. but have a B visa, an option is to start the EB-3 process from outside of the U.S. Then, once your Labor Certification (LC) is approved and your priority date is current, you can plan a temporary trip to the U.S. on a B status. It’s important to remember that the B visa is not dual intent, meaning that you must have the intent to depart the U.S. after the temporary trip. You can enter the U.S. on a B visa after the LC is approved, but your intent at the time of entry must be for a temporary trip, leaving the U.S. at the end of your stay. You need to have evidence of your intent to return to your home country and continued ties to your home country. If your intent later changes and you decide to adjust status after you enter, you can file the AOS, but we generally advise waiting at least 60 days from your last entry on a B status. Once you file for AOS, you must remain in the U.S. until Advanced Parole (travel parole) is issued, and you are not permitted to work until your Employment Authorization card is issued. Since this usually takes 5-8 months, you need to be able to stay in the U.S. during this period without earning an income in the U.S.

Being denied a US nonimmigrant visa, specifically under section 214(b) of the Immigration and Nationality Act (INA), does not necessarily impact your ability to apply for an immigrant visa or the EB-3 Unskilled program. Here’s why: Different visa categories: Nonimmigrant visas, such as tourist visas (B-2) or temporary work visas (H-1B), are intended for individuals who plan to stay in the US temporarily. On the other hand, immigrant visas, including employment-based visas like the EB-3 Unskilled program, are designed for individuals seeking permanent residency in the US. These visa categories have distinct criteria and requirements. Different standards: Nonimmigrant visa applications, like B-2 or H-1B, require demonstrating nonimmigrant intent, which means proving that you have strong ties to your home country and intend to return after your authorized stay in the US. Section 214(b) is invoked when the consular officer believes the applicant has failed to demonstrate nonimmigrant intent. However, immigrant visas, such as those under the EB-3 Unskilled program, focus on providing a path to permanent residency. The evaluation criteria for immigrant visas differ significantly from those of nonimmigrant visas. While nonimmigrant visas consider temporary intent, immigrant visas assess factors like employment qualifications, labor market needs, and the ability to contribute to the US economy. Independent processes: Nonimmigrant and immigrant visa applications are processed separately. A denial of a nonimmigrant visa does not automatically impact or preclude an immigrant visa application. The decision on one type of visa does not influence the other, as they involve distinct evaluation processes, standards, and criteria. Demonstrating eligibility: When applying for an immigrant visa, such as the EB-3 Unskilled program, you will need to meet the specific requirements outlined by the US Citizenship and Immigration Services (USCIS) or the US Department of Labor (DOL). These requirements typically focus on factors like work experience, qualifications, labor market demand, and employer sponsorship. The denial of a nonimmigrant visa does not necessarily reflect on your eligibility for an immigrant visa, as the criteria for these visas differ. In summary, being denied a US nonimmigrant visa, including under section 214(b), should not directly impact your ability to apply for an immigrant visa or the EB-3 Unskilled program. The evaluation standards, criteria, and processes for these visas are distinct, with immigrant visas focusing on permanent residency and different eligibility factors.

Process Timing Often immigrants considering EB3 for permanent migration to the United States are most concerned with timing: “How long will the process take?” There are several reasons to be concerned with timing, primarily in the case of dependents approaching the cut off age of 21 years old or the current status of your non-immigrant status to adjust to permanent residency. Even in cases where this is not an issue, timing matters, as most immigrants need to make substantial relocation plans based upon when their EB3 visa will be issued and where their job is located. In adjustment of status cases, timing is critical to determining whether the immigrant can remain in the U.S. while processing his case. The following are some general issues to think about when considering EB3 process timing. First: Should the immigrant consular process in their home country or adjust his status in the U.S.? Assuming the immigrant is legally in the U.S. on a valid non-immigrant visa, which qualifies him to adjust his status, he should consider adjustment of status. There is a substantial difference in the time it takes to process an EB3 application by way of adjustment of status rather than through consular processing. Because adjustment of status cases do not require National Visa Center (NVC) or consular processing, they generally take at least six fewer months to process than consular processed cases. Second: When should the immigrant sign up for EB3 visa processing? It is very difficult to find an EB3 Sponsor. Once an immigrant identifies a viable sponsor willing to pursue their application, they should not hesitate to sign up. Sponsors are difficult to find. There are reasons why sponsors come and go (U.S. job demand, unemployment rate, no additional need, etc.), so once the immigrant has identified a willing sponsor, it makes sense to begin the process as soon as possible. Third: Is there an advantage to starting as soon as possible? As with any immigration matter, the process can take time. For EB3 the process takes between 12-24 months. Once the immigrant has begun the process, he has joined the queue and in most cases any changes to immigration law after the immigrant has filed his application, will not apply. There are very few circumstances you can start too early but many situations when you can begin the process too late. Fourth: For adjustment of status cases, is timing important? Timing is most critical for adjustment of status cases. Essentially, the immigrant needs to file his I-485 adjustment of status petition prior to the expiration of his current non-immigrant visa. The I-485 cannot be filed until the I-140 is filed, which requires a valid Labor Certificate from the Department of Labor. The Labor Certificate process is unpredictable and can take as few as four months, depending on the circumstance. Ideally, the immigrant would maintain his current non-immigrant visa status throughout the process, in which case the immigrant should start the EB3 process with as many remaining available months on the current visa as possible. The ideal time to have your sponsoring employer file our Labor Cert is when you have at least 24 months remaining on your current visa. With immigration, it is best to be conservative. When an immigrant finds a sponsor, he should file as soon as possible in order to 1) preserve the relationship with the Sponsor, 2) get in line, 3) establish legal rights; and 4) preserve the time left on the existing visa in adjustment of status cases. And, remember, timing can never be guaranteed in U.S. immigration visa processing – it can only be managed.

Frequently asked questions by our Partner Employers Should we treat these EB3 employees differently than our typical US workers? No. Employees sponsored under the EB-3 Unskilled visa program are to be treated the same as any other U.S. worker at your organization. They have no special rights or privileges. What recourse do we have if they are not meeting expectations? If your employee is not meeting your expectations, employers are free to take any recourse or action that they would take against any U.S. worker, including termination. These employees should be treated the same as any U.S. worker. Will they pass our E-Verify requirement(s)? The EB-3 Unskilled candidates will present either a valid Employment Authorization Document (EAD) or valid permanent, endorsed residency visa or card, and thus they will have the required documents to be able to meet the E-Verify Requirements. What I-9 and W-2 documents should we expect? Will they have a valid Social Security card? For candidates sourced through the EB-3 unskilled program, the Employment Authorization Document (EAD) Card or the Permanent Resident Card (green card) are sufficient to establish both identity and employment authorization. Our candidates will also be able to present a valid social security card. An example of an EAD is listed below: Can the EB-3 Candidate renew their Employment Authorization Document (EAD) Card? According to the United States Citizenship and Immigration Services (USCIS) (the agency that handles the EAD process), employees are permitted to file a renewal application for an EAD up to 180 days (roughly 6 months) before the expiration date of their current EAD. Thus, 6 months prior to the expiration of their EAD, employees should contact their legal representative to begin the process of renewal. Can the EB-3 Candidate continue working after their Employment Authorization Document (EAD) Card has expired? The EB-3 candidate can continue working even if their EAD card expires and they are waiting for their new EAD card to arrive. When the EB-3 candidate applies to renew their EAD Card, they should receive a receipt notice from United States Citizenship and Immigration Services (USCIS) (the agency that handles the EAD process). The receipt notice serves as a 6-month extension of the expired EAD card. Receipt notices generally arrive within 4 weeks but can be delayed up to 2 months. If our standard hiring procedures include drug screen or criminal background, is that OK? Yes. If your company generally gives drug screening or criminal background checks upon employment to its U.S. workers, then you should do the same with Alpha Global-placed employees as well. Are they allowed to travel during this process? Yes. When our EB-3 candidates apply for their Employment Authorization Document (EAD) card, they also apply for a travel document called Advanced Parole (AP) card. AP allows foreign nationals to travel abroad and back into the United States without having to apply for a visa. However, without an approved AP card, foreign nationals will not be permitted to re-enter the country. They will be expected, of course, to discuss any plans with you and initiate travel only with employer’s prior approval. Are we required to grant vacation time if this is not normally allowed prior to one year of work? No. There is no requirement to grant vacation time to EB-3 candidates. These employees should be treated the same as any other entry level U.S. worker at your company. What we do if we feel that an EB3 candidate does not or did not have a meaningful intent to work for us? If the EB-3 candidates are not living up to your expectations or if you feel they have no meaningful intent to work, please contact our Welcome Services Director, John Cooper John@Alpha Globalsolutions.com and direct phone (803) 767-1180. We will work with you and the employee on any issue related to their intention to work. Should it be determined that the employee does not and did not have a meaningful intent to work, we will report him or her to the legal counsel who may report them to the Department of Homeland Security (DHS), or you may undertake the same as the sponsoring employer. Can Alpha Global assist with communications with our candidates? Yes. Alpha Global Biz has a Welcome Services section led by Director, John Cooper. Among other responsibilities, Welcome Services is charged with serving as a link between the employer and the EB-3 employees. What do we do if we are forced to terminate someone? Should we let Alpha Global know? ‍If you are forced to terminate a Alpha Global-sourced employee, we request that you contact our Welcome Services Director, John Cooper, prior to the termination. We seek to resolve any issues before termination. If that is not possible, you are free to terminate any Alpha Global-sourced employees in the same manner and for the same reasons you would terminate a U.S. worker. Will they speak English? Yes. Alpha Global Biz, LLC requires all of its candidates to speak English. Functional fluency is virtually guaranteed and Alpha Global will assist with language issues to the extent possible. How long should we expect these candidates to work?‍ Alpha Global Biz, LLC signs a contract with each foreign national whom we place. They agree to work for at least one year for our partner employers such as yourself. Most of our EB-3 employees, except in exceptional circumstances, will indeed work for at least one year. Can the EB3 candidates work part time? No. One of the requirements of the EB-3 unskilled visa, by law, is that the foreign national must work full-time. Full-time will generally mean as close to forty (40) hours per week as possible. Are the EB3 candidates allowed or authorized to work longer than one year? Yes. Alpha Global-sourced employees are permitted to work as long as both your company and the employee wish them to be employed. Several Alpha Global-sourced employees have been promoted at companies and have worked for years with employers.

While it can be exciting to come study at university in the United States, many students end up wondering if there are any pathways available to stay in the USA after graduation. The EB-3 unskilled visa is a great option for students looking to adjust status and become a permanent resident in the USA. But how does one go about this process? At first glance, the process can seem overwhelming, leaving one to ask where to even start? If you have found yourself asking this question, speaking to a representative at Alpha Global Biz is a great place to start! The immigration experts at Alpha Global have helped thousands of F-1 students begin their journey towards permanent residency. The process of transitioning from an F-1 to EB-3 Unskilled involves six stages: Secure a Qualifying Job: The first step is finding a job offer from a U.S. employer who is willing to sponsor your green card. You can choose from any of our qualified Sponsors listed on our website. File and Receive Approval for Labor Certification (PERM): Your employer must then go through the Program Electronic Review Management (PERM) process to ensure that hiring you will not negatively impact U.S. workers. Labor Certification (LC), ETA-9089, and PERM mean all the same thing. Alpha Global uses the term LC, but this same form can be referred to as either the ETA-9089 or PERM. The LC is the first step in the EB-3 green card process. This form is filed with the Department of Labor (DOL) to show that the employer completed the necessary recruitment steps and that there were not enough willing and qualified U.S. workers for the role, which is why the employer is looking to sponsor foreign workers. File an I-140 Petition: Once the LC is approved, the attorney assigned to your case will file the I-140 petition on your behalf, which is sponsored by your employer. Your employer owns the I-140 petition. The I-140 will generally be filed with premium processing. Premium processing allows you to receive a decision within 15 days of filing, unless USCIS issues a Request for Evidence. The premium processing fee is generally included in your contract with Alpha Global, please refer to your contract for details. Apply for Adjustment of Status: Adjustment of status is available to individuals who are already present in the United States under a nonimmigrant visa status or other qualifying circumstances. Being an F-1 visa holder will mean that you are present in the U.S. under a nonimmigrant status. To apply for adjustment of status, applicants file various forms, including the I-485 (Application to Register Permanent Residence or Adjust Status), I-765 (Application for Employment Authorization), and I-131 (Application for Travel Document). These forms are filed with the United States Citizenship and Immigration Services (USCIS). Adjustment of status allows applicants to remain in the US while their green card application is being processed. Alpha Global works with a team of highly qualified immigration attorneys who will draft and file these applications on your behalf. The attorney’s fees are covered in your contract with Alpha Global. Interview: The last step in the EB-3 Unskilled visa process is the visa interview. As Adjustment of Status, the interview will be scheduled through the United States Citizenship and Immigration Services (USCIS) and may require you to attend an interview at a USCIS office. The interview is typically conducted by an immigration officer who reviews the applicant’s I-485 application and supporting documents. The purpose of the interview is to verify the accuracy of the information provided, assess the applicant’s eligibility for adjustment of status, and address any additional questions or concerns. The immigration officer will decide on the application following the interview. The visa interview is a crucial step in the process as it allows immigration authorities to thoroughly evaluate the applicant’s qualifications, intentions, and eligibility for the EB-3 Unskilled visa. It is important for applicants to be well-prepared, provide accurate and honest information, and present all requested documents to increase the chances of a successful outcome. Receive Your Green Card: Once your I-485 is approved, you will receive your EB-3 green card, granting you permanent residence in the U.S. Being a Alpha Global Biz client means that we will be there to guide and advocate for your green card case through the entire process, including finding an employer eager to sponsor your green card. Another benefit to being a Alpha Global client is that we also assist our clients in preparing for their Interview. Alpha Global has partnered with Argo, a company that employs former Consular Officers with the United States Department of State in embassies and consulates around the world. These officers prepare you by reviewing your case and walking you through mock interviews. Using Argo, Alpha Global clients can schedule a 30-minute or 1-hour video conference with a former Consular Officer that best fits their case based on language, country, and schedule. By being a client of Alpha Global Biz, you qualify for a discounted price for the mock interview. Throughout this process, it is imperative to maintain a legal status in the U.S. This can be achieved by extending your F-1 visa, renewing your OPT, or transitioning to another non-immigrant status while your EB-3 application is pending. How does this process compare to other common routes like OPT & H-1B? Because OPT is a part of the F-1 program, the journey is not very different. The notable difference is that being on OPT may allow you to work while waiting for your EB-3 EAD, so long as the work is within the parameters of your OPT program. It is also possible to adjust status from an H1-B visa. H1-B is a “dual intent” category, which allows a person to maintain non-immigrant status, even if they have immigrant intent. This means that a person could maintain their H1-B status while applying to adjust status simultaneously. Importance of Maintaining Status: It is absolutely critical that you maintain status while going through the EB-3 process. If a person is out

Many employers have a difficult time finding applicants for certain unskilled and low skilled workers. The EB-3 Visa was meant to solve that. EB-3 refers to the fact that this visa category is the “3rd preference” of employment-based visas. Only a limited number of visas are available in each preference category, meaning that if more people apply in a year than there are visas available, recent applicants will have to be put on a waiting list. The numbers are limited to 10,000 visas per year for this preference category under the Immigration and Nationality Act (INA) of 1990. The numbers replenish each year. This once 10,000 is reached for a fiscal year, then immigrant visa category applicants must wait for the new fiscal year to see new numbers. Each country is capped at receiving only 7% of the available number of visas available. EB-3 visas require that an employer offer permanent, full-time employment from a U.S. based employer. That employer must be willing to complete a labor certification and application process. Labor certification means that the employer recruits for, and advertises, the position in accordance with U.S. immigration law guidelines and finds no qualified U.S. workers who are willing and available to take the job. Once the foreign national completes the labor certification process, they must be petitioned (“sponsored”) by the employer through a form called the I-140 with the Department of Homeland Security (DHS). The foreign national can either already be in the United States and adjust their status in order to obtain their Green Card or they can interview at a U.S. Embassy or Consulate abroad. What is the process to obtain the EB-3 Unskilled Visa? A foreign national can obtain the EB-3 Unskilled Visa by either (1) adjusting their status in the United States from a student visa or other type of visa to the EB-3 Visa or (2) applying overseas to be interviewed at the local U.S. Embassy or Consulate. Step 1: Permanent Labor Certification A permanent labor certification issued by the Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States. Before the U.S. employer can submit an immigration petition (USCIS Form I-140) to the DHS’s U.S. Citizenship and Immigration Services (USCIS), the employer must obtain a certified labor certification application from the DOL’s Employment and Training Administration (ETA). The DOL must certify to the USCIS that there are not sufficient U.S. workers able, willing, qualified and available to accept the job opportunity in the area of intended employment and that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers. The Job Offer The Employer offers the position to the foreign national, contingent on there being no qualified U.S. worker who will apply for the position in the subsequent recruitment. Prevailing Wage Request Filing The ETA 9141 prevailing wage request form contains the position details (job title, duties, requirements, work location) and requests the minimum required wage from the Department of Labor (DOL). Processing time is currently approximately 5 months. You can use our proprietary prevailing wage level calculator app to accurately predict the prevailing wage. Advertising PERM labor certification recruitment for unskilled workers requires 2 print ads in the Major Sunday Newspaper, a 30 day posting with the State Workforce Agency, and an internal PERM Notice of Filing. These recruitment procedures exist to ensure that employers are not depriving qualified U.S. workers of employment. ETA 9089 Labor Certification Filing Once the recruitment period has ended, and there are no qualified U.S. workers who applied for the advertised position, the ETA 9089 PERM Labor Certification can be filed. Step 2A: I-140 USCIS Filing AND I-485 Adjustment of Status Filing Once the labor certification process is complete, the employer and the foreign national petition DHS for the EB-3 immigrant visa with a form called an I-140. If the foreign national is in the United States in some other legal status such as a student visa or an E-2 visa, the foreign national will adjust their status to EB-3 under a form called an I-485 with DHS. Once both the I-140 and I-485 are approved, the foreign national will interview at DHS and, if no problems exist, be approved for the Green Card. Step 2B: Consular Processing As soon as the I-140 petition is approved by USCIS the foreign national will receive an email from the National Visa Center with instructions on what documentation to bring to the interview at the U.S. Embassy. Once the foreign national receives the permanent residence visa they will be able to travel to the U.S. to start their permanent employment with the sponsoring organization. To determine your eligibility or to see if the EB-3 Unskilled Visa would be a good fit for you, register for an account here. You will also be able to chat our team with your questions.

This can be a confusing and complicated process but the Alpha Global Biz team is here to guide you throughout. We have various departments that will support you through the various stages of your EB3 process. To learn more on the EB3 process itself, please check out this blog. Sign Up The first part of our process is signing up through our YOW platform. Here, you will be able to learn about the Alpha Global Biz process and the EB3 Visa. On our YOW platform you will be led through a series of informationational videos. We have helped many clients through this process, so please let us know if you have any questions. As you move through different parts of the process, you will work with different members of the Alpha Global Biz team, who are there to support you during that stage. Pick a Job We open up new job positions every few weeks. When a new job position opens up, the spots tend to go quickly. If you decide to work with Alpha Global Biz, you will select your employer sponsor on YOW. Before selecting the job, you will know the wage, type of work, location, and estimated filing date. When you are picking a job, please keep in mind, this is not just signing up for a job, but you are making a commitment to your future employer who will be sponsoring you for your U.S. Green Card. We believe we work with some of the best employer sponsors for the EB3 Unskilled Visa. Some previous jobs have included: food prep worker, janitorial services, construction, packing (at a warehouse), and more! Department of Labor The Department of Labor stage includes your Labor Certification filing. If you get an audit, that will also happen during this stage of the process. Please keep in mind, there can be delays during this part of the process and that your estimated filing date is only an estimation. We will do our best to communicate with you on delays. Please check your YOW account for any relevant information or requests. Some parts of this stage will require your confirmation, so please frequently check your YOW account, because waiting for confirmation could lead to delays. USCIS This part of the process includes the I-140 and EAD (for Adjustment of Status only). This is the phase of the process where you will work most closely with your attorneys. COVID-19 and the effects of COVID-19 have led to delays with USCIS. Things are slowly accelerating, but they are certainly not back to normal. We will communicate with you during this process and once you receive the necessary approvals, you will then be able to transition to work for your employer sponsor. The Alpha Global Biz team works with government and political teams to advocate for our clients, the future of immigration, and to have good insight on what is going on behind the scenes of a case. Settlement / Client Services When you are able to start work or are almost able to start work, our client services team will assist you in this transition. Our team will set up your orientation, provide you with a city guide, and assist you in understanding all that you will need to do upon moving and starting work in a new position. Our client services team will support you throughout the entirety of your work for your employer sponsor. We have helped clients find roommates, find accommodations, find a car, and more! Our client services team is ready for your questions and is here to guide you in your transition to working for your employer sponsor. To learn more, create an account here.

Often, potential visa applicants debate whether they should do an E-2 visa or an EB-3 unskilled visa. While both visas are popular, there are some differences. An E-2 visa is a treaty investor visa (based on economic agreements with the United States and a list of countries found here). The E-2 is a non-immigrant visa that allows a foreign national to temporarily reside in America for a period of time if they are investing a substantial amount of capital in a business in the United States. An E-2 visa requires a determination of whether : (1) individual/entity possess the nationality of the treaty country; (2) applicant has invested or is actively investing; (3) enterprise is a real and operating commercial enterprise; (4) investment is substantial; (5) investment is not marginal; (6) applicant will “develop and direct” the business; (7) applicant, if employee is an executive/supervisor or an essential employee and (8) the applicant intends to depart the U.S. The period of stay for an E-2 visa is a maximum initial stay of two years for all qualified treaty investors and employees. However, requests for extension of stay or change of status may be granted in increments of up to two years. There is no limit to the number of extensions allowed. Unlike the E2 visa, the EB3 is an immigrant visa that allows the applicant to become a legal permanent resident. Thus, you can stay without having to constantly renew. With each renewal comes questions about whether the business is successful or not and whether you really need to stay in the United States. Also, your dependents, in a non-immigrant visa, simply will not have as many rights as they would with an immigrant visa such as the EB-3 unskilled visa. Further, while the E-2 can require a substantial investment (in many cases a minimum of $100,000). EB3 unskilled is for job positions that can be undertaken with 0-2 years of training and are permanent in nature. Finally, because the E-2 visa is a non-immigrant visa, the visa holder is prohibited from having the intent to immigrate to the United States at the time the visa is issued. Thus, no matter how much you invest in a business in the United States or supervise or work within an E-2 company and establish ties to America, you have no avenue of actually remaining in the United States. With the EB-3 visa, you can.

Unauthorized Work Under the Immigration National Act (INA), an applicant will be barred from adjusting status if the applicant continues, accepts, engages, or has previously engaged in unauthorized employment prior to filing an application for an adjustment of status. INA 254(c)(2). This bar applies to all unauthorized work during the applicant’s most recent entry and all prior entries into the United States. Unauthorized employment is ANY service or labor performed for ANY employer in the United States by a noncitizen who has not received authorization from the INA or USCIS to accept or engage in employment. BIGGEST MYTHS ABOUT UNAUTHORIZED WORK TAXES: It doesn’t matter if you did or didn’t pay taxes, if you did work without authorization, then its unauthorized work and will be counted as such. Even if the IRS doesn’t report it to USCIS, it is still unauthorized work. LAWYERS OR CONSULTANTS CAN HIDE THE INFORMATION: Attorneys, law firms, and those filing or assisting in filing of any documents before the United States government are LEGALLY OBLIGATED to report any unauthorized work on U.S. government forms. Attorneys, law firms, and others can have penalties up to, and including, prison for not reporting your unauthorized work. There is NO ATTORNEY-CLIENT PRIVILEGE in this situation. PAID IN CASH: It doesn’t matter if you were paid solely in cash. Unauthorized work must and will be reported by Alpha Global Biz and our partner law firms. VOLUNTEERING: While you are permitted to volunteer, it is generally not allowed that you can volunteer in a position that should be filled by a paid worker. INVESTMENTS: While foreign nationals are allowed to make financial investments to generate capital (such as in stocks or bonds) and engage in passive investments, they are NOT permitted to play an active role in the day to day running of a business or active Forex trading.

They do not affect your EB3 Unskilled Green Card process. This is because the B1/B2 category visas are business or tourism visas for those who do not intend to immigrate. Similarly, the F-1 student visa is a non-immigrant visa that allows international students to enter the U.S. and study at certain institutions. However, the EB3 visa is an employment, immigrant visa intended for those actively seeking residence in the United States. These visa categories are separate with different intentions; therefore, any B or F visas denials do not affect your EB3 Unskilled Green Card process.