The EB-3 Affidavit of Support is a concept that confuses many people, since it is usually associated with family-sponsored categories. The question is whether this financial sponsorship commitment applies to employment-based categories as well. This article clarifies its role in EB-3 cases and the special situations to note.
Understanding this correctly helps you know when to prepare this document, avoiding being caught off guard at the final stage of the case.
Affidavit of Support EB-3 là gì
This is a financial sponsorship commitment, usually expressed through an official form. According to U.S. Citizenship and Immigration Services (USCIS), this commitment aims to ensure that an immigrant does not become a burden on society, by having someone act as sponsor.
In family-sponsored categories, this commitment is mandatory and a critical part of the case. However, for employment-based categories like EB-3, its role differs depending on the specific situation.
When an Employment-Based Case Needs This Commitment
In most standard employment-based cases, the role of the financial sponsorship commitment is not the same as in family-sponsored categories. However, there are special cases to note: when a relative files the sponsoring petition, or when a relative has a significant ownership interest in the sponsoring business.
Theo U.S. Department of State, in situations involving a family relationship with the employer, the required financial evidence may differ. This is a point that needs to be verified based on the circumstances.
Distinguishing From the Employer’s Ability to Pay
It is necessary to distinguish the financial sponsorship commitment from the employer’s ability-to-pay requirement. These two concepts differ even though both relate to finances.
Ability to pay is the employer proving sufficient capacity to pay the committed wage, applying to most employment-based cases. The financial sponsorship commitment, on the other hand, is an individual committing to support the immigrant, arising only in certain situations. Confusing the two can easily lead to incorrect preparation.
What to Prepare
Since the role of this commitment depends on circumstances, the best approach is to clearly identify your case’s situation early on. If there is a family relationship with the employer, you should carefully research the specific requirements.
In a standard case with no special factors, you should focus on the employer proving its ability to pay. Consulting a professional helps determine exactly whether your case needs a financial sponsorship commitment.
Summary
The EB-3 Affidavit of Support is a financial sponsorship commitment that is mandatory in family-based categories but plays a different role in employment-based categories. It mainly arises when there is a family relationship with the employer. You should clearly identify your case’s situation and distinguish it from the employer’s ability-to-pay requirement.
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References
- U.S. Citizenship and Immigration Services (USCIS), Form I-864 – https://www.uscis.gov/i-864
- U.S. Department of State – https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/step-5-collect-financial-evidence-and-other-supporting-documents.html
Read more: Overview of the EB-3 visa for US immigration · EB-3 Attorney Fees: Average Rates and What Should Be in a Quote
