Any student in the USA with an F1 visa can apply for an EB3 visa in the first year? Can any shop owner sponsor him?

Unfortunately, it's not quite that simple for an F1 student to apply for an EB3 visa in the first year, and not any shop owner can sponsor them. Here's why:

Eligibility for EB3 Visa:

1. First year limitation:As an F1 student, you generally can't work off-campus during your first academic year. This makes accumulating the required two years of post-graduation work experience in your field impossible in the first year. Therefore, applying for an EB3 visa wouldn't be possible until you meet the experience requirement.
2. Employer sponsorship:While any employer can technically sponsor an employee for an EB3 visa, successfully obtaining sponsorship requires fulfilling specific criteria. The employer must prove:
   • Inability to find a qualified U.S. worker:They must document their efforts to recruit and hire a U.S. citizen or green card holder before offering the position to a foreign worker.
   • Job offer meets prevailing wage:The offered salary must be equal to or higher than the average wage for similar positions in the area.
   • Ability to pay the salary:The employer needs to demonstrate financial stability to sustain the offered job.

Shop owner sponsorship challenges:

1. Job relevance:Sponsoring for an EB3 visa requires a permanent, full-time position directly related to your field of study. Many small shop owner businesses might not offer such suitable roles.
2. Documentation and resources:The EB3 visa process involves extensive documentation and legal fees. Small businesses might lack the resources and expertise to navigate this process effectively.

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