5 Common Misconceptions About the EB3 Program That Vietnamese People Often Make

As traditional immigration paths gradually narrow, the EB3 program is attracting special attention from the Vietnamese community planning to stay long-term in the US. However, along with increasing popularity come serious misunderstandings that could create unnecessary obstacles in your family’s EB3 US immigration journey. This article from Newland USA will clarify the 5 most common misconceptions so you can have an accurate perspective and better prepare for this important decision.

1. The Truth About the EB3 Program and Why Proper Understanding Matters

The EB3 program – also known as the Employment-Based Immigration Visa – is becoming a focal point of interest for many Vietnamese families. This is completely understandable as familiar immigration routes like studying abroad then transitioning to work or family sponsorship are becoming increasingly difficult and expensive.

However, when a program becomes popular, the amount of information surrounding it also increases – including quite a bit of inaccurate or misunderstood information. Not grasping the true nature of the EB3 program from the early stages can lead to unsuitable decisions, wasted time and resources, and even lost golden opportunities for your children’s future.

Through many years of accompanying clients on their EB3 immigration journey, Newland USA has noticed five misconceptions that appear repeatedly and seriously affect many families’ plans. Let’s analyze each EB3 program misconception in detail so you can make the most informed choice.

2. Misconception 1: The EB3 Program Is Like Labor Export Programs

This is perhaps the most common and dangerous misunderstanding that many Vietnamese people have when learning about the EB3 program. Quite a few people think this is just a form of “going abroad to work” for a limited time, similar to labor export programs to Japan, South Korea, or Taiwan.

In reality, these two concepts are completely different in nature. Labor export is usually temporary – workers go abroad to work for a specific period with the main goal of increasing income, then return home. They don’t have the freedom to change jobs and face many restrictions on their length of stay.

In contrast, US immigration via EB3 aims for long-term and sustainable goals for the whole family. When you receive a Green Card through the EB3 program, you’re not only allowed to live legally in the US but also have the freedom to choose your profession and change jobs according to your wishes. Your children will have access to the public education system with tuition much lower than international students, and opportunities to enter prestigious universities without worrying about visas.

Moreover, as a permanent resident, you can freely enter and exit the country, not limited like temporary work visas. After five years of stable living, you can completely apply for US citizenship if you meet the necessary conditions. This is the fundamental difference between labor export and EB3 immigration.

3. Misconception 2: EB3 Is Only for Unskilled Workers

Many people when hearing about the EB3 program immediately think of images of common jobs like restaurant service, waiting tables, or factory work. This isn’t completely wrong but doesn’t fully reflect this program.

Structurally, the EB3 program includes three different groups with separate requirements. The first group is unskilled workers (Other Workers) – people who don’t need high professional qualifications, college degrees, or long work experience. They can take positions such as service staff, kitchen helpers, production workers, nursing assistants, and many similar jobs.

The second group is skilled workers – people who have completed at least two years of professional training or have at least two years of practical experience in a specific field. Typical positions include technicians and specialists in various industries.

The third group is professionals – requiring a bachelor’s degree or higher and suitable for professions such as doctors, pharmacists, accountants, engineers, and other high-level specialties.

However, in practice, the unskilled worker and skilled worker categories of US immigration via EB3 are chosen by more people. The main reason comes from two outstanding advantages. First, participation conditions are much easier than other categories – you don’t need to worry about proving college degrees or very high experience. Second, the application review process is significantly faster.

Many cases show that even candidates with high degrees and good social status in Vietnam still face difficulties when evaluating degrees according to US standards. Having to prove degree equivalency and work experience sometimes takes months and doesn’t guarantee expected results. For this reason, many people have chosen the simpler path through the unskilled and skilled worker categories of the EB3 program to reduce the time for college degree review and increase chances of success.

4. Misconception 3: The EB3 Visa Process Is Simple and Quick

One of the most dangerous EB3 program misconceptions is thinking that after submitting your application, everything will happen quickly and you’ll soon have a Green Card in hand. The reality is completely different – this is a long journey requiring patience and thorough preparation.

The first step in the EB3 immigration process is that the employer must obtain a PERM Labor Certification from the US Department of Labor. To get this certification, the sponsoring company needs to prove they have made full recruitment efforts but couldn’t find qualified US workers for that position. This stage usually takes from a few months to a year depending on each specific case.

After PERM is approved, the company will submit Form I-140 to USCIS to petition for immigration for the foreign worker. This step also takes about a year or longer, depending on the volume of applications USCIS is processing.

During the waiting time, applicants need to regularly monitor the Visa Bulletin – the monthly schedule of visa processing status by country and visa type. For people from countries with large numbers of US immigration via EB3 applications like India or China, the waiting time can extend for many years.

In total, the entire journey from start to receiving a Green Card through the EB3 program skilled worker category typically ranges from three to five years, even longer for some countries. This is exactly why planning early, preparing thorough documentation, and having patience are extremely important in your EB3 immigration journey.

5. Misconception 4: Only Large Companies Can Sponsor EB3

Many Vietnamese families believe that only large corporations and famous brands have the capacity and credibility to sponsor US immigration via EB3 visas. While this thinking is understandable, it doesn’t reflect reality and sometimes can make you vulnerable to scammers.

According to EB3 program regulations, any legal business in the US has the right to sponsor foreign workers, regardless of size or field of operation. The core condition is that the company must operate legally, have the financial capacity to pay worker salaries, and fully comply with procedures required by the Department of Labor and USCIS.

Large corporations usually have dedicated HR departments and abundant resources to handle sponsorship procedures smoothly. However, this doesn’t mean small and medium businesses can’t do it. Many small companies have successfully sponsored EB3 immigration for foreign workers when they follow proper procedures and have support from professional immigration attorneys.

The most important thing you need to verify isn’t the company size, but the legitimacy of the Job Offer Letter. This letter needs to clearly state the specific salary, position, detailed job description, and related requirements. You should thoroughly check information about the company on their official website, financial reports, and operational history.

Another point to note is that in the unfortunate case that the sponsoring company faces financial difficulties or goes bankrupt during the application process, your entire EB3 program process will have to start over with a new employer. Therefore, evaluating the business’s financial stability is also very important.

6. Misconception 5: Joining the Program Guarantees a Green Card

This is perhaps the last misconception but also causes the most unpredictable consequences. Many people think that once they’re sponsored by a company and submit their US immigration via EB3 application, they’re guaranteed to receive a Green Card for the whole family. Reality isn’t that simple.

The EB3 program truly opens a legal path to becoming a US permanent resident, but not everyone who participates succeeds. The final decision on granting Green Cards still belongs to USCIS after comprehensively reviewing each applicant’s file.

To receive a Green Card through EB3 immigration, you must pass many strict review steps. First is approval of the Labor Certification from the Department of Labor. Next is approval of Form I-140 from USCIS, proving that the company has sponsorship capacity and the job position is real.

When your turn comes for processing, you need to complete adjustment of status procedures (if in the US) or consular procedures (if outside the US). This stage includes thorough background checks, comprehensive health examinations, and direct interviews at the Consulate. Any issues related to criminal background, health, or inaccurate information in the application can lead to denial.

Another important factor is that you must maintain employment with the sponsoring employer until you officially receive your Green Card. Changing jobs during the waiting period can create major risks and negatively affect the review process. Many cases were unsuccessful because they quit or moved to another company before completing procedures.

Additionally, changes in US immigration policies can also impact your application. In recent years, we’ve witnessed many adjustments to review procedures, additional documentation requirements, and processing times. Closely monitoring policy updates and having consultation from immigration experts will help you adjust in time.

7. How to Avoid These Misconceptions and Succeed with the EB3 Program?

After clearly understanding the five most common EB3 program misconceptions, the question is how can you avoid these mistakes and increase your chances of success in your US immigration via EB3 journey?

First, spend time thoroughly researching the EB3 program from reliable information sources. The official websites of USCIS, the US Department of State, and related legal documents are important materials you should reference. Avoid believing word-of-mouth information or pages with unclear sources.

Second, work with an immigration consulting firm with good reputation and many years of experience. A trustworthy partner will help you build a personalized roadmap suitable for your specific circumstances, prepare accurate documentation, and update all policy changes. They can also support you in finding legal employers, preparing for interviews, and handling unexpected situations.

Third, have patience and adequate financial preparation. As analyzed, the EB3 immigration journey can take many years. You need to maintain stable employment, not borrow excessively, and have a long-term financial plan to ensure life during the waiting period.

Finally, always update information about your application status through the Visa Bulletin and notifications from USCIS. Proactively monitoring will help you not miss any important deadlines and can be ready for next steps.

8. Conclusion

The EB3 program is truly a legal and effective path for your family to achieve US immigration via EB3 with long-term benefits for future generations. However, success in this journey requires accurate understanding, thorough preparation, and persistence.

The five EB3 program misconceptions we’ve analyzed in this article – from confusing it with labor export, misunderstanding participation categories, being too optimistic about timing, blindly trusting company size, to having unrealistic expectations about results – can all cause serious consequences if you’re not careful.

Newland USA, with our team of experienced experts and motto “Stable settlement – Lifelong prosperity,” is ready to advise and support in preparing documentation and accompany you throughout the US EB3 immigration process. Contact Newland USA now at hotline 0785591988 or email: newsletter@newlandusa.asia for detailed and free consultation.

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