Once you have an EB-3 green card, must you work for the employer forever is a common worry, as many people fear being tied down for life. This is a common misunderstanding that needs clarifying. This article addresses the rights of workers after obtaining a green card.
Understanding correctly helps you worry less about being bound, while also knowing the boundary of good faith that should be respected.
Once you have an EB-3 green card, what are your rights
Once you have a green card, the worker is a permanent resident with the full rights of that status. There is no regulation requiring a permanent resident to work for the sponsoring employer forever. This is the core point to understand.
Theo U.S. Citizenship and Immigration Services (USCIS), a worker can change jobs under certain conditions. So the fear of being permanently tied down is not accurate. Permanent residents have freedom of occupation like other permanent residents.
The boundary of good faith
Although not tied down for life, there is still a boundary of good faith that should be respected. At the time of accepting the job offer and filing the case, the candidate must genuinely intend to do that job.
If someone accepts an offer with no real intention of doing the job, using it merely as a tool to obtain a green card and then quitting immediately, this could be seen as a lack of good faith. So the safe approach is to work for a reasonable period in genuine good faith after getting the green card, rather than quitting right away.
What conditions apply to changing jobs
Changing jobs after getting a green card differs from changing employers while the case is still being processed. Once a person is a permanent resident with a full green card, they have much broader freedom of occupation.
While the case is still being processed, changing employers is more complicated and has strict conditions regarding timing and job similarity. So the timing of a job change matters a great deal. You should clearly distinguish between two situations: waiting on the case and already having a full green card.
Be alert to false threats
Because this is an easily misunderstood issue, some parties may exploit it to threaten or retain workers using inaccurate statements about restrictions. You should understand the nature of it clearly so you are not manipulated.
At the same time, do not take good faith so lightly that you accept a job with no intention of doing it. Understanding both sides correctly helps you stay in control: knowing your rights, respecting good faith, and not being intimidated by false information about being bound.
Summary
Once you have an EB-3 green card, you do not have to work for the employer forever, since permanent residents have freedom of occupation. However, genuine good faith is needed when accepting the job, and working for a reasonable period. You should distinguish between waiting on the case and already having the green card, and be alert to false threats about restrictions.
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References
- U.S. Citizenship and Immigration Services (USCIS), AC21 Portability – https://www.uscis.gov/working-in-the-united-states/how-uscis-determines-same-or-similar-occupational-classifications-for-job-portability-under-ac21
Read more: Overview of the EB-3 visa for US immigration · Does US immigration require English
