The EB-3 visa is one of the most popular pathways to US immigration for Vietnamese workers, especially those without a higher degree. It is an employment-based immigrant visa that allows workers and their families to become permanent residents through the sponsorship of a US employer. This article explains the nature, conditions, and pathway of this category in a practical way.
Unlike categories requiring extraordinary ability or large investment capital, this category targets general and skilled laborers. Entry requirements are lower, but the waiting time is usually longer. This is a trade-off you need to understand clearly before deciding.
What is the EB-3 visa within the employment visa system
This is the Employment-Based Third Preference immigrant visa group within the US employment-based Green Card system. This group is for people who do not qualify for the first preference (EB-1) or second preference (EB-2), but who still have an occupation needed by a US employer.
The core requirement of this category is that it requires an employer sponsor. Theo U.S. Citizenship and Immigration Services (USCIS), with no self-petition option for this category. Applicants must have a permanent, full-time job offer from a company in the United States.
Once the application is complete, the worker receives a Green Card and becomes a permanent resident. Their spouse and unmarried children under 21 may accompany them. After an eligible period of residence, the whole family may apply for naturalization.
Three subgroups within the EB-3 category
This category is divided into three subgroups, each with its own requirements for qualification and experience.
- Skilled Workers: jobs requiring at least 2 years of training or experience, that are not temporary or seasonal. Examples: welders, electricians, chefs, medical technicians.
- Professionals: people with at least a US bachelor’s degree or a foreign equivalent, working in a job that requires a bachelor’s degree.
- Other Workers: jobs requiring less than 2 years of training or experience. This is the group with the lowest entry bar, for example: caregivers, kitchen assistants, housekeepers, packaging workers.
Correctly identifying your subgroup is important, as it affects the waiting time. The Other Workers group usually has a tighter quota, so the waiting time can be longer than for the other two groups.
Basic conditions to qualify for EB-3
The requirements for this category are lighter than EB-1 and EB-2, but there are still mandatory conditions. First, applicants must have a genuine job offer from a US employer for a permanent, full-time position.
Next, the employer must prove that it could not find a suitable US worker for the position. This is why the PERM Labor Certification step exists, managed by the US Department of Labor. In addition, applicants must meet the exact qualification and experience requirements of their corresponding subgroup.
One point to note: this category does not require a high level of English for the Other Workers group, unless the job itself demands it. However, basic English ability is still a major advantage for life after immigrating.
Overview of process and cost
The pathway for this category includes the main stages: determining the prevailing wage, PERM labor certification, filing the I-140 petition, waiting for the priority date, and the final step of applying for the Green Card. The whole process usually takes from 1.5 to 4 years or more, depending on visa demand and processing speed.
As for cost, government filing fees alone include the I-140 filing fee and related charges. On top of that there are legal fees, test-recruitment costs, translation, and medical exams. The actual total cost depends heavily on whether you handle it yourself or go through a consulting firm.
Summary
The EB-3 category is a practical pathway to US immigration for Vietnamese workers without large investment capital or extraordinary ability. In exchange for accessible requirements come a long wait and dependence on an employer sponsor. Before starting, you should clearly understand which subgroup you belong to and be mentally prepared for a multi-year journey.
— —
References
- U.S. Citizenship and Immigration Services (USCIS) – https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-third-preference-eb-3
- U.S. Department of State, Visa Bulletin – https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html
Read more: Overview of the EB-3 visa for US immigration · EB-3 for highly skilled workers: Is it a wasted opportunity?
