The Employment-Based Third Preference (EB-3) visa category is an important pathway for skilled, professional, and unskilled workers seeking lawful permanent residence in the United States. However, EB-3 workers with expired employment contracts face significant challenges, including the risk of deportation due to loss of legal status. Navigating the complex U.S. immigration system requires a thorough understanding of legal options, government regulations, and current statistics to build a robust deportation defense. This article explores strategies for EB-3 workers to maintain their status, supported by authoritative data and practical guidance, while addressing the broader implications of immigration enforcement.
Understanding the EB-3 Visa Category
The EB-3 visa is designed for three subcategories: skilled workers with at least two years of education or experience, professionals with a U.S. bachelor’s degree or equivalent, and unskilled workers performing jobs requiring less than two years of education. According to the U.S. Citizenship and Immigration Services (USCIS), approximately 40,000 EB-3 visas are available annually, representing 28.6% of the total 140,000 employment-based immigrant visas. In fiscal year (FY) 2024, USCIS and the Department of State utilized 160,791 employment-based visas, including EB-3, due to unused family-sponsored visa numbers from FY 2023.
EB-3 petitions typically require an approved labor certification from the Department of Labor (DOL), which confirms that there are no qualified U.S. workers available to perform the job. However, when an EB-3 worker’s contract expires or employment is terminated, their legal status may lapse, triggering potential immigration enforcement actions. As of January 2025, the EB-3 category is in high demand, with significant visa backlogs for applicants from countries such as India and China, making it difficult to maintain status.
Challenges for EB-3 Workers with Expired Contracts
When an EB-3 worker’s employment contract expires, he or she may lose the nonimmigrant status (e.g., H-1B or H-2B) tied to his or her job. USCIS regulations provide a 60-day grace period following termination of employment to allow workers to seek new employment, change status, or apply for other relief. Failure to act within this period can result in “unlawful presence,” which increases the risk of deportation. In FY2023, Immigration and Customs Enforcement (ICE) reported 32,000 arrests in the first 50 days of heightened enforcement, including 8,718 non-criminal immigrants, highlighting the broad scope of deportation operations.
Expired contracts also disrupt the adjustment of status process for EB-3 workers with pending Form I-485 applications. While a pending adjustment application generally allows workers to remain in the U.S., unemployment or failure to maintain nonimmigrant status can complicate eligibility. The Office of Homeland Security Statistics noted in FY2023 that unexecuted removal orders, including those for visa violations, accounted for 76% of cases due to in absentia proceedings, underscoring the urgency of timely action.
Legal Options for Defending Against Deportation
EB-3 workers with expired contracts have several legal avenues to explore, each with specific eligibility criteria and procedural requirements. The following are key strategies supported by government regulations and recent data.
1. Use of the 60-Day Grace Period
Since 2016, USCIS has provided a 60-day grace period for nonimmigrant workers, including EB-3 beneficiaries, after termination of employment. During this period, workers may:
- Secure new employment: Find a new employer to file a non-frivolous H-1B petition, which allows for immediate work authorization upon filing.
- Change of Status: File Form I-129 to change to another nonimmigrant status, such as B-2 (visitor) or F-1 (student).
- Petition for adjustment of status: If eligible, file Form I-485 based on an approved Form I-140 petition.
In FY 2025, quarter 1, USCIS processed 64,900 Form I-140 petitions, indicating active employment-based visa activity. Timely action within the grace period is critical to avoid accruing unlawful presence.
2. Compelling Circumstances Employment Authorization Document (EAD)
Workers with an approved Form I-140 but no immigrant visa available due to visa bulletin backlogs may apply for a compelling circumstances EAD. This one-year work authorization is granted if the worker faces a significant hardship, such as a medical emergency or family reunification need. USCIS clarified in January 2025 that approved compelling circumstances EADs allow workers to remain in an authorized stay, although they may lose their nonimmigrant status. In FY 2024, ICE detained 39,000 individuals, highlighting the need for alternative work authorization to avoid detention.
3. Adjustment of Status with Supplement J
EB-3 workers with pending Form I-485 petitions can maintain their eligibility by securing new employment in the same or a similar occupation. Form I-485 Supplement J certifies job portability under the American Competitiveness in the Twenty-First Century Act (AC21). USCIS processed 41,750 Form I-485 petitions in FY 2025, Quarter 1, with many EB-3 petitioners using Supplement J to transfer to new employers. This option is particularly viable for workers from countries with shorter visa backlogs.
4. Self-Petition Options
In rare cases, EB-3 workers may qualify for self-petitioned visas, such as EB-1A (extraordinary ability) or EB-5 (investor). For example, an EB-3 professional with sustained recognition in his or her field may file Form I-140 for an EB-1A visa, which does not require employer sponsorship. The EB-5 program, which requires a minimum investment of $800,000, processed 10,874 visas in FY 2024. These options, while resource intensive, provide avenues to maintain status.
5. Relief in Removal Proceedings
If removal proceedings are initiated, EB-3 workers may seek relief through
- Cancellation of Removal: Available to individuals with 10 years of continuous presence in the U.S., good moral character, and extraordinary hardship to U.S. citizen or lawful permanent resident family members.
- Asylum or Withholding of Removal: For those who fear persecution in their home country.
- Voluntary Departure: Allows individuals to leave the country without a formal deportation order, preserving their eligibility for future re-entry.
The Executive Office for Immigration Review reported in May 2025 that 76% of unexecuted removal orders involved proceedings in absentia, underscoring the importance of legal representation in court.
Economic and Social Impacts
Mass deportation efforts, as proposed in recent policy discussions, could have a severe impact on EB-3 workers and the U.S. economy. The American Immigration Council estimated in October 2024 that deporting 11 million undocumented immigrants would cost $74 billion, with an additional $15.3 billion for 2.3 million new arrivals. EB-3 workers, particularly in construction (1.5 million workers) and agriculture (225,000 workers), are vital to industries facing labor shortages. According to the Peterson Institute for International Economics, 8.3 million deportations would reduce GDP by 7.4% and increase consumer prices by 9.1% by 2028.
Deportations also disrupt mixed-status households. The Center for Migration Studies reported in 2017 that 5.7 million U.S. citizens live in households with undocumented residents, and face a 47 percent drop in income if a worker is deported. For EB-3 workers, maintaining legal status preserves family stability and economic contributions.
Practical Steps for EB-3 Workers
To build a strong defense against deportation, EB-3 workers should
- Consult an immigration attorney: Legal expertise ensures compliance with deadlines and eligibility requirements.
- Monitor Visa Bulletin: Track priority dates to anticipate visa availability.
- Document Employment History: Maintain records of job offers, contracts, and Form I-140 approvals.
- Apply for EAD Promptly: Secure work authorization to bridge employment gaps.
- Engage Community Resources: Nonprofit organizations provide pro bono legal assistance and support.
Table: Key Deportation Defense Options for EB-3 Workers
| Options | Eligibility | Duration | Key Form | Processing Time (FY 2025) |
| 60-day grace period | Nonimmigrant workers after termination | 60 days | I-129, I-485 | Varies |
| Compelling Circumstances EAD | Approved I-140, no visa available, significant hardship | 1 year | I-765 | 3-6 months |
| Adjustment of Status with Supplement J | Pending I-485, new job in same/similar field | Until adjudication | I-485, Supplement J | 12-24 months |
| EB-1A Self-Petition | Exceptional ability with sustained credit | Permanent | I-140 | 6-12 months |
| Cancellation of removal | 10 years presence, good moral character, hardship to U.S. family | Case-specific | EOIR-42B | Varies |
Conclusion.
EB-3 workers with expired contracts face significant immigration challenges, but have viable legal options to defend against deportation. Utilizing the 60-day grace period, filing for an EAD based on compelling circumstances, utilizing job portability, or exploring self-petition options can preserve legal status. Supported by USCIS data and government statistics, these strategies underscore the importance of timely action and legal counsel. As immigration enforcement intensifies, EB-3 workers must navigate these options to protect their contributions to the U.S. economy and society.
Sources
- Employment-Based Immigrant Visas
https://www.uscis.gov/working-in-the-united-states/permanent-workers
Provides an overview of employment-based visa categories, including EB-3 eligibility and requirements for skilled workers, professionals, and unskilled workers. - USCIS Immigration Data and Reports
https://www.uscis.gov/tools/reports-and-studies
Contains FY 2025, Quarter 1 data on Form I-140, I-485, and other employment-based petition processing statistics.. - Adjustment of Status Procedures
https://www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-of-status
Explains the adjustment of status process for employment-based immigrants, including the use of Supplement J for EB-3 job portability.
