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Question : In EB3 Other Workers process, it it legit to use tourist visa and enter the United States after Labor Certification application (PERM) and before Labor Certification approval to fill I-140 from inside the United States and apply Adjustment of Status?
Answer : I am not a lawyer, but I can provide some general information that may be helpful. The EB-3 visa category for "Other Workers" is typically used by individuals seeking permanent employment-based immigration to the United States. This category is designed for positions that require less education and training than those in the EB-2 or EB-1 categories.
The process for obtaining an EB-3 visa typically involves several steps, including labor certification (PERM), the filing of Form I-140 (Immigrant Petition for Alien Worker), and the adjustment of status or consular processing, depending on the individual's circumstances.
Regarding your specific question about using a tourist visa to enter the United States after filing the labor certification (PERM) application but before receiving approval for it and filing the I-140, it's essential to understand that U.S. immigration laws and policies can change over time. Therefore, it's crucial to consult with an immigration attorney or an official source like the U.S. Citizenship and Immigration Services (USCIS) for the most up-to-date information and guidance.
Generally, entering the U.S. on a tourist visa with the intent to adjust your status to a permanent resident (green card holder) could raise questions about your intentions when entering the country. U.S. immigration authorities may scrutinize whether you had a bona fide intent to visit temporarily as a tourist. If they suspect that you entered with the primary intention of immigrating and that your tourist visa was used as a means to bypass the usual immigrant visa processes, it could lead to complications or denials.
It's important to work closely with an immigration attorney who can assess your specific situation, provide guidance on the best approach, and help you navigate the immigration process correctly and within the bounds of the law. They can help you determine the most suitable and lawful path for your immigration goals, including when to enter the U.S. and initiate the adjustment of status process.