Immigration Q&A

Your Question

I am an international student with a pending asylum application. Now I want to apply for EB-3 unskilled. Is it a wise decision? Please help me.

Expert Answer

Applying for an **EB-3 unskilled visa** while having a pending asylum case can be challenging. EB-3 requires **labor certification (PERM) and employer sponsorship**, but the biggest issue is that EB-3 is a **dual intent visa**. Since you applied for asylum, USCIS may see a conflict between your asylum claim (fear of returning) and your employment-based petition. Additionally, if you are out of valid F-1 status due to your asylum case, adjustment of status could be difficult. Consult an immigration attorney to assess risks and explore the best strategy before proceeding.

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