Short answer: yes, you may apply for a U.S. tourist visa (B-1/B-2) while your EB-3 case is pending – no rule forbids it. But it is usually harder, because a visitor must show that he or she will go home, and a pending EB-3 case shows that you plan to immigrate. You must tell the truth about your EB-3 case, and you must never use a visitor visa to wait or work in the U.S. A mistake here can damage the green card itself.
Can I get a U.S. tourist visa while my EB-3 is pending?
U.S. law (INA section 214(b)) presumes that every visitor visa applicant wants to immigrate. The applicant has to overcome this "presumption of immigrant intent" by showing strong ties to the country where he or she lives. The State Department's visa denials page names the main ties: your job, your home and your relationships with family and friends.
A worker with a pending EB-3 case has openly said: "I want to live in the U.S. permanently." That does not make a tourist visa impossible, but the consular officer will ask a simple question: will you really come back after your trip, or stay in the U.S. and wait there for your green card? If you cannot show that clearly, the answer is usually a refusal under 214(b).
What the officer looks at
| Question | What helps | What makes it harder |
|---|---|---|
| Why are you travelling? | A clear, short reason: a family wedding, a business meeting, a short visit with a return ticket | No clear reason, or a very long stay |
| What brings you back? | A current job, a valid stay permit, family and home where you live | Contract ending soon, no job to return to |
| Your immigration plans | Honest answers; your EB-3 is years away from the visa | Your EB-3 interview is near, so a "short visit" makes less sense |
| Your history | Earlier trips abroad with on-time returns | Earlier overstays or refusals that were not explained |
Many Bangladeshi workers in Korea hold an E-9 stay permit that ends with the employment contract. If your contract ends soon after the trip, the officer may doubt that you have a reason to return.
Be honest: the visa form asks about immigrant petitions
The online visitor visa form (DS-160) asks whether anyone has ever filed an immigrant petition for you. An approved or pending I-140 for EB-3 is an immigrant petition, so the answer is "yes". Hiding it is a serious mistake. A false answer to get a visa is called misrepresentation (INA section 212(a)(6)(C)(i)). It can make you ineligible not only for the tourist visa, but also later for your EB-3 immigrant visa. The waiver for this problem is mainly available to spouses, sons and daughters of U.S. citizens or green-card holders, so most EB-3 workers have no easy way to fix it.
A normal 214(b) refusal is different. The State Department says such a refusal is "for that specific application" – it is not a finding of fraud and does not by itself end your EB-3 case. You can reapply later if your situation changes.
The 90-day rule: what you must not do on a visitor visa
The State Department's Foreign Affairs Manual has a "90-day rule" (9 FAM 302.9-4(B)(3)(g)). If, within 90 days of getting a visa or entering the U.S., a visitor does something that does not fit a visitor's status, the officer may presume that the visitor lied when applying. After 90 days there is no automatic presumption, but the conduct can still be questioned.
- Do not work in the U.S. on a visitor visa – not even for a few days at your future employer.
- Do not start studying in a course a visitor may not take.
- Do not settle: no long lease, no local driver's license, no moving in "until the green card comes".
- Do not plan to switch to your green card inside the U.S. Your EB-3 Unskilled case is normally finished at the embassy in Dhaka or Seoul (consular processing). Employment-based applications inside the U.S. have extra status rules – ask your attorney first.
- Go home on time, as you said in the interview.
Korean citizens usually travel with ESTA under the Visa Waiver Program instead of a visa. The same honesty rules apply, and Visa Waiver visitors give up most ways to change status inside the U.S.
A worked example
An example worker lives in Korea on an E-9 permit with two years left on his contract. His PERM was filed in March 2024, so his priority date is March 2024. In the November 2026 Visa Bulletin the EB-3 "Other Workers" Final Action Date for Bangladesh is 1 June 2022, so his date is still almost two years behind. He wants to attend a cousin's wedding in New York for one week.
- He tells his attorney about the trip before he applies.
- He answers "yes" to the immigrant petition question and explains his EB-3 case calmly.
- He brings proof of his job in Korea, his contract dates, his return ticket and the wedding invitation.
- If the visa is refused, he does not try again with different answers. His EB-3 case continues.
The whole EB-3 Unskilled process takes about 5 years, so many workers simply wait: after the immigrant visa, travel is easy. Check where you are on our green-card timeline and the Visa Bulletin history.
FAQ
Will a tourist visa refusal stop my EB-3 case?
A normal 214(b) refusal does not by itself stop your EB-3 case. A finding of misrepresentation is much more serious. Keep a copy of every refusal letter and show it to your attorney and at your immigrant visa interview if asked.
Can my wife and children visit the U.S. while we wait?
They can apply, but the same rules apply to them: they must show they will return and answer every question truthfully. Your family is part of your EB-3 case, see our article on spouse and children.
Are there other new rules for U.S. visas?
Visa rules changed several times in 2026 (screening, interview scheduling, public charge). Check our rule changes page before any trip.
This article is general information, not legal advice. Your attorney decides on your case. The Visa Bulletin date is from the November 2026 Visa Bulletin of the U.S. Department of State; it changes every month.