EB3 Visa and What Students Need to Know Before Applying

The EB3 Visa program is attracting significant interest from Vietnamese students who want to immigrate to the US. However, preparing EB3 applications requires understanding many factors regarding the process and requirements. This article by Newland USA will provide essential information to help students make informed decisions before beginning their US immigration EB3 journey.

1. What is EB3 Visa and why is it suitable for students?

The EB3 Visa belongs to the employment-based immigration visa category, designed for skilled workers, professionals, and unskilled workers. This US immigration EB3 pathway is chosen by many students due to its feasibility and less demanding educational requirements compared to other programs.

The EB3 Visa program is divided into three main categories:

1. EB3 Professional for professionals with US bachelor’s degrees.
2. EB3 Skilled Worker for workers with 2 years of experience or professional certification in their field.
3. EB3 Unskilled Worker for general workers, requiring no work experience or qualifications.

For students, the EB3 Visa offers many outstanding advantages. Unlike the “lottery” system of H1B (a non-immigrant program widely used by employers for international students) that USCIS has implemented in recent years due to H1B applications exceeding available visas, the US immigration EB3 process requires employer sponsorship for work at their company, eliminating the uncertainty and anxiety of the H1B lottery system.

2. Requirements for students to qualify for EB3 Visa

To be eligible for EB3 applications, students must meet basic requirements according to each visa category. For EB3 Professional, applicants must hold a bachelor’s degree or equivalent, along with a job offer from a US employer.

The EB3 Skilled Worker category requires at least two years of work experience or professional training. Meanwhile, EB3 Unskilled Worker is for jobs that don’t require high professional qualifications. Both EB3 Skilled Worker and EB3 Unskilled Worker categories are suitable for newly graduated students seeking US immigration EB3 opportunities.

The most important factor is having a US employer willing to sponsor the EB3 application. This employer must prove that no US workers are available and willing to perform the proposed job at the prevailing wage.

3. EB3 application preparation process for students

Preparing EB3 applications is a complex process with multiple steps. The first step requires the employer to file a PERM labor certification application with the US Department of Labor. This process typically takes 9-12 months depending on processing conditions.

After PERM approval, the employer files Form I-140 with USCIS on behalf of the student. This step usually takes 4-8 months to process.

Next is filing for a visa or status adjustment. At this stage, if in Vietnam, applicants must file Form DS-260 with the National Visa Center (NVC) to apply for an EB3 Visa. If in the US, students file Form I-485 to adjust status from non-immigrant to immigrant.

The final step is the interview to receive the visa/green card. Students in the US through EB3 status adjustment will interview directly at the US NVC to receive their immigrant green card.

Students need to prepare important documents for EB3 applications including: passport valid for over 6 months, certified translated degrees and certificates, work experience, medical examination results, and documents proving no criminal record.

Thorough preparation of EB3 applications from the beginning helps avoid unnecessary delays in the review process. If committed to the EB3 program, students should start collecting necessary documents while still studying to avoid being unprepared later.

4. Waiting time and Priority Date in EB3 Visa

An important factor students need to understand clearly is the Priority Date concept in EB3 Visa. This is the date the employer files the PERM application, considered the starting point for calculating waiting time for US immigration EB3.

EB3 Visa waiting time depends on the student’s country of origin. For Vietnamese students, current waiting time is about 2-3 years for EB3 Professional and EB3 Skilled Worker, while EB3 Unskilled Worker can take 5-7 years.

Students should note that during Priority Date waiting time, they can maintain legal status in the US through other non-immigrant visas such as F-1, H1B, or L-1. This is especially important to ensure the US immigration EB3 process isn’t interrupted.

5. Important considerations when choosing EB3 Visa sponsoring employers

Choosing the right employer is one of the decisive factors for EB3 application success. Students need to ensure the sponsoring company has stable finances and experience in sponsoring immigration visas.

Companies sponsoring EB3 Visa must prove their ability to pay the minimum PWD (Prevailing Wage Determination) wage set by the Department of Labor. Students should thoroughly research the company’s visa sponsorship history and success rate in previous cases.

Some companies specializing in US immigration EB3 sponsorship may require students to commit to working for a specified period after receiving their green card. This needs to be clearly agreed upon from the beginning to avoid legal complications later.

6. Differences between EB3 Visa and other immigration programs

For students with master’s degrees or higher, EB2 may be a faster option but has stricter requirements for qualifications and experience. EB3 Visa is suitable for newly graduated students or those with limited work experience.

The EB5 investment immigration program requires large investment capital of $800,000-$1,050,000 USD, unsuitable for most students. Meanwhile, US immigration EB3 only requires good health, work experience, and suitable employer sponsorship.

7. Important notes for students preparing EB3 applications

Students deciding to pursue EB3 Visa need to mentally prepare for a relatively long application process. The US immigration EB3 process can take 2-3 years for EB3 Skilled Worker category or 5-7 years for EB3 Unskilled Worker category.

During the waiting period, students should use this time to improve their professional qualifications, accumulate work experience, and build networks in the US. This not only helps strengthen EB3 applications but also creates a solid foundation for their future career.

Maintaining legal status throughout the waiting process is extremely important. Students can transfer to other non-immigrant visa types such as H1B, L-1, or O-1 depending on specific circumstances to ensure they can legally remain in the US.

Finally, students should have backup plans in case their EB3 application encounters difficulties or is denied. This could mean switching to another visa category or finding a new employer.

8. Conclusion

EB3 Visa is a highly regarded and reliable US immigration pathway for Vietnamese students. Although preparing EB3 applications is complex and waiting time is long, the high success rate and independence from lottery systems make EB3 Visa an attractive choice.

Students need thorough preparation financially, legally, and mentally before beginning their US immigration EB3 journey. Researching comprehensive information, choosing reputable employers, and preparing complete EB3 applications will be the keys to success.

Newland USA, with an experienced team of experts and the motto “Stable settlement — Lifelong prosperity,” is ready to consult and support in application preparation and accompany clients throughout the EB3 US immigration process. Contact Newland USA immediately at hotline 0785591988 or email: newsletter@newlandusa.asia for detailed and free consultation.