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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
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we are at immigration interview stage (next week) for an EB3

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we are at immigration interview stage (next week) for an EB3 visa to the USA. The company I signed a contract with say they cannot provide the supporting employment documents for us to attend the interview next week.
What documents do they need to supply - it is not something we have been asked for to take with us to the interview, and can the interview proceed without the document?
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What do you mean by they cannot supply the supporting documents? Why? ARe they refusing to? Do they claim not to have them?
Customer: replied 3 years ago.

I signed a contract with the company "Avant Healthcare Professionals" in 2005. They now say they have no jobs for me, so sent us an email saying "We cannot supply the supporting documents at this stage". It is so frustrating... we have been waiting such a long time, the interviews are in montreal next thursday at 9am and today they say this after all medicals have been had and airfares from edmonton to montreal booked etc...

Hi Tracey,

I'm afraid I don't have very good news for you.

The EB-3 visa is issued only for a future job offer. Yes, the offer was made years ago for a future job offer, but the offer must continue to exist in order to continue the process. Therefore,t he employer would have to supply the approved I-140 petition and a current job offer letter in order for you to continue through the visa process.

So in this case, as of the date the sponsor no longer had that specific position available, you no longer were eligible for the EB-3 visa. Unfortunately, they have the option to continue sponsoring the visa or not.

The only way you can continue to be eligible for the EB-3 visa at this point is for a new sponsoring employer to "take over" by getting approval of a new I-140 petition on your behalf. The employer can use the original priority date (from 2005) and you very likely will be eligible for the visa immediately, as long as the dates don't retrogress to before your 2005 priority date.

You may have a civil case against the employer under contract law, but you likely will only get the cost of what you've spent in expectation of the continued sponsorship. That is something you should discuss with a contract attorney. Unfortunately, I am prohibited from discussing non-immigration matters.

Please know that while I always do my best to assist customers with coming up with a good solution to their situation, from time to time, the law does not provide a good solution to every situation. Please do not hold bad news against me by giving me a negative rating.

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