Asylum seekers who have a valid immigration status other than their pending asylum case, such as an F-1 student visa or an H-1B work visa, may still be eligible to apply for an EB-3 visa. To do so, they must meet the necessary criteria, including having a job offer from a U.S. employer for a position that qualifies under the EB-3 category, along with obtaining labor certification from the Department of Labor. As long as they maintain their valid non-asylum status, they can proceed with the EB-3 application process while remaining in the U.S.

However, for asylum seekers whose only status is their pending asylum application and who do not hold any other lawful immigration status, applying for an EB-3 visa is much more challenging. In such cases, because they are not considered to be in a lawful status while their asylum application is pending, they are typically ineligible to adjust their status to an EB-3 visa from within the U.S. This is due to the requirement of maintaining lawful immigration status in order to pursue an employment-based visa. (Careful examination is required)

Given these restrictions, asylum seekers with pending applications but no other status may find it difficult to transition to an EB-3 visa. In these situations, pursuing consular processing or other legal pathways might be necessary, but these approaches are complex. It is highly advisable for individuals in this position to seek the guidance of an immigration attorney to explore their options and navigate the legal challenges involved.