FAQ for Employers & Potential Employers sponsoring employees for the EB-3 Visa

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 BDV-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@bdvsolutions.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 BDV assist with communications with our candidates?

Yes. BDV Solutions 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 BDV know?

‍If you are forced to terminate a BDV-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 BDV-sourced employees in the same manner and for the same reasons you would terminate a U.S. worker.

Will they speak English?

Yes. BDV Solutions, LLC requires all of its candidates to speak English. Functional fluency is virtually guaranteed and BDV will assist with language issues to the extent possible.

How long should we expect these candidates to work?‍

BDV Solutions, 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. BDV-sourced employees are permitted to work as long as both your company and the employee wish them to be employed. Several BDV-sourced employees have been promoted at companies and have worked for years with employers.

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