EB-3 cross-chargeability is an exception under U.S. immigration law that allows an applicant to be counted against their spouse’s country of birth instead of their own, in order to obtain a more favorable visa bulletin position. This is a point many Vietnamese couples are not aware of. This article explains how EB-3 cross-chargeability works and when you may be able to use it.
Cross-chargeability EB-3 là gì
Each country has its own immigrant visa quota. Someone born in a country with a large backlog will wait longer. Normally, an applicant is “charged” to the quota of the country where they were born.
The cross-chargeability exception allows the principal applicant to be charged to the country of birth of their spouse instead, if that country has a more favorable visa bulletin position. This mechanism applies to employment-based cases as well, including EB-3.
When EB-3 Cross-Chargeability Can Be Applied
The core condition is that the spouses must be born in two different countries, and both must be filing for immigration together (the principal applicant and the accompanying spouse). In that case, the principal applicant can choose to be counted against the spouse’s country of birth.
An illustration of the principle: if one person is born in a country with heavy backlog, but the spouse is born in a country whose visa bulletin is current, the whole family may benefit from the spouse’s more favorable visa bulletin position.
Points to note
Cross-chargeability only takes effect when the spouse is genuinely immigrating together as part of the case. If the spouse is not included, the country of birth cannot be borrowed.
You should check monthly Visa Bulletin published by the U.S. Department of State to see which country currently has a favorable position. Since this is a technical matter, applicants should consult an immigration attorney to confirm eligibility before filing.
Summary
EB-3 cross-chargeability is a useful tool for couples born in two different countries, potentially shortening the wait time significantly. However, applying it requires meeting the right conditions at the right time. You should carefully review the visa bulletin and consult a professional to make correct use of this mechanism.
═══════════════════════════════════════════════════════════════════
References
- U.S. Department of State — The Visa Bulletin: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html
- USCIS — Employment-Based Immigration: Third Preference EB-3: https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-third-preference-eb-3
Read more: Overview of the EB-3 visa for US immigration · EB-3 Waiver: When an Inadmissibility Ground Can Be Waived
