At Winbi LLC, we provide EB-3 labor solutions to U.S. businesses. Below are responses to common questions we receive from employers about the EB-3 Visa Program:
1. Can EB-3 employees continue working beyond 3 years?
Yes, after fulfilling their initial 3-year commitment, EB-3 employees can continue working as long as both the employee and employer agree to extend the employment. Many of our candidates grow in their roles and remain with their employers for several years, fostering long-term relationships and success.
2. Can EB-3 employees work part-time?
No, EB-3 Visa regulations require that employees work full-time, typically 40 hours per week. This ensures that all terms of the visa and labor certification process are met, aligning with U.S. immigration and employment standards.
3. How long are these employees expected to stay in their roles?
EB-3 employees are committed to their sponsoring employer for a minimum of 3 years. This commitment is a part of the EB-3 Visa process, and in most cases, employees choose to stay with their employer beyond that period as they grow professionally.
4. What should we do before terminating an EB-3 employee?
Before deciding to terminate an EB-3 employee, please contact Winbi LLC. We’re here to assist you in resolving any issues and exploring alternatives to termination. If termination is necessary, we will guide you through the process to ensure compliance with immigration regulations and company policies.
5. Can Winbi LLC assist with communication between us and the candidates?
Absolutely! We serve as a bridge between employers and EB-3 employees, ensuring smooth communication. Whether it’s addressing concerns, providing updates, or offering additional support, Winbi LLC is dedicated to making the process easier and more efficient for you.
6. What if an EB-3 employee lacks meaningful intent to work?
If you suspect that an EB-3 employee is not fully committed to their role, please reach out to us right away. Winbi LLC will investigate the situation and, if necessary, work with the Department of Homeland Security (DHS) to address the issue and ensure compliance with visa requirements.
7. Do we need to offer vacation time before the first year of employment?
No, vacation policies for EB-3 employees should align with your company’s standard policies for other entry-level workers. You’re not required to offer vacation time before their first year of employment.
8. Can EB-3 employees travel during the visa process?
Yes, EB-3 employees can travel internationally while their visa is being processed, as long as they have an Advanced Parole (AP) document. This document allows them to re-enter the U.S. without needing a separate visa, but be sure to approve any travel with your company in advance.
9. Are drug screenings and background checks allowed?
Yes, you can apply the same drug screening and background check policies to EB-3 employees as you would to your U.S. workforce, ensuring that the hiring process remains consistent.
10. Can an EB-3 employee work if their EAD expires?
Yes, if an employee’s Employment Authorization Document (EAD) expires, they can continue to work while their renewal application is pending. Once the renewal application is filed, they’ll receive a receipt notice from USCIS, granting them an automatic 6-month extension of their work authorization.
11. Can EB-3 candidates renew their Employment Authorization Document (EAD)?
Yes, EB-3 employees can apply for EAD renewal up to 180 days before the expiration of their current card. We recommend coordinating the renewal process with your legal representatives to avoid any interruptions in employment.
12. What documents will they provide for I-9 and W-2 purposes?
For I-9 and W-2 verification, EB-3 employees will provide an EAD card or Permanent Resident Card (green card) to prove work authorization and a valid Social Security card for payroll and tax purposes.
13. Do EB-3 employees satisfy E-Verify requirements?
Yes, EB-3 employees are eligible for E-Verify, and they will present valid documents like an EAD or green card to ensure compliance with federal employment verification standards.
14. What if they do not meet performance expectations?
If an EB-3 employee isn’t meeting performance expectations, you can address the issue just as you would with any other employee. Winbi LLC is here to assist if needed, including mediating the situation or providing support for any necessary corrective actions.
15. Should we treat EB-3 employees differently from our regular U.S. workforce?
No, EB-3 employees should be treated just like any other member of your workforce. They are entitled to the same rights and responsibilities as your U.S. employees, with no special privileges beyond those granted under immigration law.
At Winbi LLC, we are committed to ensuring the EB-3 visa program meets your workforce needs while maintaining compliance and fostering positive working relationships. If you have further questions, don’t hesitate to contact our team. We’re here to help!
