EB-3 Unskilled Worker Visa: Family Benefits and Considerations

If you’re fortunate enough to secure an EB-3 Unskilled Worker Visa, you may be wondering about bringing your family to the United States. Here’s a breakdown of the process and important considerations:

Derivative Beneficiaries

Your spouse and unmarried children under the age of 21 are considered derivative beneficiaries of your primary petition. This means they can accompany you to the US or join you later once your primary petition is approved.

Visa Categories for Family Members:

• Spouse: Your spouse will be eligible for an H-4 dependent visa.
• Unmarried Children: Your unmarried children under 21 will be eligible for F-2 dependent visas.

Important Considerations:

1. Work Authorization:
   • H-4 Visa: Generally, H-4 visa holders cannot work in the US. However, there are exceptions, such as applying for an Employment Authorization Document (EAD).
2. Education:
   • F-2 Visa: F-2 dependent children can attend school in the US but cannot work.
3. Green Card Eligibility:
   • Once you obtain your green card, your spouse and unmarried children under 21 can also apply for green cards.

Tips for a Smooth Transition:

• Timely Filing: File for your family members’ visas or green cards promptly.
• Essential Documentation: Gather all necessary documents, including birth certificates, marriage certificates, and financial records.
• Consult an Immigration Attorney: Seek professional advice for guidance and support.

By understanding these guidelines and taking proactive steps, you can ensure a seamless transition for your family to the United States.