The Most Frequently Asked Questions About EB3 Visa for U.S. Immigration – Updated 2025

Immigrating to the U.S. has always been the dream of thousands of Vietnamese people every year. Among the options, the EB3 Visa is the most promising candidate with requirements that are not too strict compared to other immigration categories. However, the EB3 application process requires a clear understanding of the conditions, procedures, and benefits. This article by Newland USA compiles the most common EB3 program questions, helping you gain a comprehensive view before starting your journey to achieve the American dream.

1. What is EB3 and who is it for?

The EB3 program (Employment-Based Third Preference) is one of the most popular immigration visa categories in the U.S., designed for foreign workers who want to live and work long-term in America. What’s special about the EB3 Visa is its flexibility in terms of eligible applicants – from ordinary workers to highly skilled professionals.

According to U.S. Citizenship and Immigration Services (USCIS) regulations, the EB3 program is divided into three main groups:

Skilled Workers: This group requires applicants to have at least two years of work experience or specialized training directly related to the position in the U.S. This is a suitable choice for those with practical skills in fields such as engineering, construction, food processing, or services.

Professionals: This is for candidates who hold a bachelor’s degree or equivalent from recognized universities. The job position in the U.S. must require this degree as a mandatory condition in the job description (JD).

Other Workers: This group doesn’t require high qualifications or extensive experience. However, the job must be full-time, long-term, and the training period must not exceed two years. This group typically applies to positions in service, manufacturing, or agriculture.

So, whether you’re a recent high school graduate or have many years of professional experience, the EB3 Visa still opens up opportunities for legal immigration if you can secure a suitable job offer from a U.S. employer.

2. Who has the authority to sponsor an EB3 Visa?

One of the most frequently asked EB3 program questions is: “Who can sponsor me?” The clear answer is that only businesses with legal headquarters in the U.S. are allowed to sponsor an EB3 application.

Unlike some other immigration categories such as family-based or investment visas, workers cannot apply for an EB3 Visa on their own. The entire process must be initiated and carried out by a U.S. employer.

To sponsor legally, a U.S. business needs to complete two important steps:

First, the company must file an application for Labor Certification (PERM – Program Electronic Review Management) with the U.S. Department of Labor. During this phase, the employer needs to prove that they have conducted extensive domestic recruitment but couldn’t find a U.S. citizen or permanent resident who meets the job requirements.

After PERM is approved, the business will continue to file Form I-140 (Immigrant Petition for Alien Worker) with USCIS to officially sponsor the foreign worker. This is the step that confirms the employment relationship and the company’s financial ability to pay the employee’s salary.

Therefore, finding a reputable employer with legal capacity and long-term commitment is the key factor determining the success of your EB3 application.

3. Specific conditions to qualify for EB3 Visa

To participate in the EB3 program, workers need to meet criteria based on the group they belong to. As mentioned, the EB3 Visa is divided into three categories with different requirements:

For Skilled Workers, you need to prove at least two years of work or training in the related field. This experience doesn’t necessarily have to be continuous, but must be documented through papers such as employment contracts, pay stubs, or confirmation letters from previous employers.

For Professionals, the mandatory condition is having a bachelor’s degree or higher from a recognized educational institution. If the degree was issued from a foreign country, you need to complete a credential evaluation to determine equivalency with the U.S. education system. Additionally, the job position must clearly state the requirement for a college degree in the job description.

For Other Workers, although there are no requirements for qualifications or experience, the job in the U.S. must still ensure full-time and long-term status. These are typically positions in manufacturing, processing, agriculture, or services.

In addition, all applicants for the EB3 Visa need to:

• Have an official job offer from a U.S. business
• The employer has completed the PERM process and proven they couldn’t find domestic workers
• Meet all standards regarding health, criminal background, and not be in a category prohibited from entering the U.S.

Understanding these conditions clearly helps you prepare a complete and accurate EB3 application from the start.

4. What is the minimum wage when applying for EB3 Visa?

The question about wages is always a top concern when learning about the EB3 program. However, there is no fixed number that applies to all cases. Instead, the minimum wage is determined by the concept of “Prevailing Wage Determination,” which is the common wage set by the U.S. Department of Labor based on multiple factors.

Prevailing Wage Determination (PWD) depends on three main factors:

Specific job position: Each occupation has a different standard wage. For example, a Marketing Manager and a production worker will have completely different PWD levels.

Geographic area: The cost of living between states and cities in the U.S. varies significantly. Wages in California or New York will be much higher than in Midwestern or Southern states.

Job level: The U.S. Department of Labor divides this into four levels from entry-level (new to the profession) to fully competent (skilled expert). Each level has a corresponding wage.

To determine accurately, the employer must file an application for Prevailing Wage Determination (PWD) through Form ETA-9141 to the National Prevailing Wage Center (NPWC). This process typically takes three to eight months depending on the data source used and the volume of pending applications.

For a specific example: A Marketing Manager position in Memphis, Tennessee has a Prevailing Wage of approximately $84,843 USD for entry-level, while higher levels can reach up to $176,301 USD per year. This figure is updated periodically based on labor market data.

Thus, the wage in an EB3 application is not an arbitrary number but must strictly comply with U.S. Department of Labor regulations to protect both foreign workers and the domestic labor market.

5. Who pays the costs of applying for EB3 Visa?

The financial issue is one of the most concerned EB3 program questions. In reality, the costs in the EB3 Visa application process are clearly divided between the employer and the worker.

5.1. Costs the U.S. business is responsible for:

According to U.S. immigration law, the employer is required to pay all fees related to the recruitment and labor certification process, including:

• PERM application fee
• Job posting and advertising costs as required by the Department of Labor
• I-140 filing fee with USCIS
• Immigration attorney costs (if the company hires one)
• Other administrative costs related to the sponsorship process

5.2. Costs the worker pays themselves:

Personal fees and those directly related to immigration, the worker will cover:

• DS-260 processing fee if filing from outside the U.S., or I-485 fee if adjusting status from within the country
• Immigration medical examination fee at designated medical facilities
• Costs for criminal background checks, translation and notarization of personal documents
• EAD (Employment Authorization Document) fee if wanting to work while waiting for the green card
• Airfare, accommodation, and travel costs to the U.S.
• Private attorney fees if you want independent legal representation

This clear cost division ensures transparency and prevents abuse in employment relationships. Workers should note that any business requiring you to pay PERM or I-140 fees is violating U.S. immigration law.

6. Can you apply for EB3 Visa without having H-1B first?

This is a common misconception that many people encounter. In reality, you can absolutely apply for an EB3 Visa without needing an H-1B Visa or any other work visa beforehand.

The EB3 Visa is an independent immigration category that doesn’t require applicants to have a work history in the U.S. The only prerequisite is that you must secure a U.S. business willing to hire and sponsor you according to USCIS and Department of Labor procedures.

Many people confuse the H-1B Visa (temporary work visa) with the EB3 program (immigration visa). While H-1B is often seen as a stepping stone to familiarize yourself with the U.S. job market, the EB3 Visa is a direct path to a green card without needing to go through an intermediate stage.

In fact, many cases involve workers being hired from abroad (overseas hiring) and completing all procedures at the U.S. consulate without ever having set foot in the U.S. This is a major advantage of the EB3 application compared to other visa categories.

7. Can F-1 students apply for EB3?

The answer is absolutely yes. If you are an international student holding an F-1 Visa in the U.S., you still have the right to file an EB3 application if you meet all the conditions of the EB3 program.

However, there are some important points you need to note:

Maintain legal F-1 status: Throughout the EB3 Visa application process, you must ensure you remain in valid F-1 status – meaning you’re still studying, haven’t overstayed your visa, and haven’t violated any conditions of your student visa.

Timing of status change: If you’re during OPT (Optional Practical Training) or CPT (Curricular Practical Training) periods, you can still file as long as you haven’t lost legal status.

Immigration intent issue: This is the most sensitive point. The F-1 Visa is a non-immigrant visa, while the EB3 Visa is an immigrant visa. USCIS will carefully examine to ensure you didn’t have immigration intent from the start when entering with F-1. Therefore, you need reasonable time and justification to explain this change in residency purpose.

Adjustment of Status process: If your Priority Date has become current (Visa bulletin shows “current”), you can file Form I-485 to adjust status from F-1 to permanent resident right in the U.S. without needing to leave the country.

Many international students have successfully transitioned from F-1 to EB3 Visa after graduation and finding a suitable employer. This is a common and legal path in the U.S. immigration system.

8. Are you allowed to work while waiting for EB3 Visa?

This is one of the most practical EB3 program questions, especially for those in the U.S. waiting for their application to be processed.

The answer depends on whether you’ve been issued an EAD (Employment Authorization Document) or not. Specifically:

8.1. If you’re filing for Adjustment of Status (I-485) in the U.S.:

When filing Form I-485, you can simultaneously apply for an EAD. After the EAD is approved and issued, only then are you allowed to work legally while waiting for your EB3 application to be reviewed. EAD typically has a validity period of one to two years and can be renewed if the application isn’t completed yet.

Important note: If you work without an EAD, this action is considered a serious violation of U.S. immigration law. The consequences can directly affect your EB3 Visa approval and your chances of receiving a green card later.

8.2. If you’re waiting for an interview at the Consulate (consular processing):

In this case, you’re only allowed to work after entering the U.S. as a permanent resident and receiving your green card. During the waiting period in Vietnam or any other country, going to the U.S. to work is absolutely not allowed and can result in permanent application denial.

9. EB3 Visa approval rate and likelihood of receiving a green card

One of applicants’ biggest concerns is the success rate of EB3 applications. The good news is that the EB3 Visa has a relatively high approval rate if the application is properly prepared.

According to USCIS data, the I-140 approval rate for the EB3 program typically ranges from 85% to 90% depending on the fiscal year. This is an encouraging number compared to many other visa categories.

Factors affecting the approval rate:

Application accuracy: Complete documentation, truthful information, and no contradictions are the top factors.

Employer’s capacity: The business must prove financial capability, legitimacy of business operations, and genuine recruitment needs.

Worker’s qualifications: Match job requirements and have sufficient evidence proving experience or qualifications.

Process compliance: Execute PERM and I-140 steps properly in sequence and on time.

Regarding the likelihood of leading to a green card, the EB3 Visa is one of the most direct and clear paths. When the application is fully approved, you will become a Lawful Permanent Resident with full rights to live, work, and study in the U.S. Green cards through the EB3 program typically have a 10-year validity and can be renewed indefinitely if you maintain legal permanent resident status.

10. Benefits for family members when you have EB3 Visa

A major advantage of the EB3 Visa is the ability to include family members in the immigration application. Specifically:

Spouse: Your spouse will be issued a dependent visa with code E-34 (for EB-3 Skilled/Professional) or EW-4 (for EB-3 Other Workers). After arriving in the U.S., your spouse can apply for an EAD and be allowed to work legally at any company, not bound to the sponsoring employer like the principal applicant.

Unmarried children under 21: Your children will be issued dependent visa E-35 or EW-5, allowed to come to the U.S. with the family. However, children are not allowed to work until they turn 21 and file for their own EAD. Children will enjoy the right to attend public schools at in-state tuition rates, saving significantly compared to international tuition.

Parents: This is an important note – people with EB3 Visa are only permanent residents, not yet U.S. citizens, so they don’t have the right to sponsor parents. You can only sponsor parents to the U.S. after becoming a U.S. citizen (typically after 5 years of holding a green card).

Thus, the EB3 program not only opens opportunities for individuals but also for your immediate family to start a new life in the U.S.

11. Reasons why EB3 applications are rejected

Despite the high approval rate, there are still cases where EB3 applications are rejected. Understanding common reasons helps you avoid regrettable mistakes:

Lack of transparency or false information in the application: Providing inaccurate information, forged documents, or concealing the truth is the primary reason for rejection and can result in permanent entry ban.

Not meeting proper conditions: For example, lacking experience, degrees not equivalent, or not matching job requirements stated in the PERM application.

Employer doesn’t qualify: The business cannot prove financial capability, doesn’t properly execute the recruitment process as required by the Department of Labor, or is suspected of having unauthentic recruitment needs.

Current visa violations: If you’re in the U.S. on another visa (like F-1, B-1/B-2) and violate residency conditions such as working without permission or overstaying, then the EB3 application will have a high risk of rejection.

Suspected immigration intent: USCIS may reject if they suspect the application isn’t genuine, for example if the relationship between you and the employer shows unusual signs.

Insufficient supporting evidence: Lacking documents proving experience, degrees not properly verified, or no documentation of the company’s financial capacity.

To avoid risks, thorough preparation and consultation from immigration experts is necessary.

12. Is EB3 Visa currently suspended?

This is one of the EB3 program questions causing concern for many people given that U.S. immigration policies frequently fluctuate. However, the clear answer is that the EB3 Visa is currently not completely suspended.

What you need to understand are the concepts of “backlog” and “retrogression” – two important terms in the EB3 application process:

Backlog occurs when the number of applications exceeds the annual visa quota allocated to each country. The U.S. has regulations limiting the number of green cards issued to citizens from each country, leading to prolonged waiting situations for certain nationalities such as India, China, Mexico, and the Philippines.

According to the Visa Bulletin for October 2025 published by the U.S. Department of State, the EB3 program status is updated as follows:

For most countries outside India, China, Mexico, and the Philippines (called “All Other Areas” – including Vietnam):

• EB-3 Skilled Workers and Professionals: the priority date is April 1, 2023
• EB-3 Other Workers: the priority date is July 15, 2021

This means if your EB3 application has a Priority Date earlier than these timeframes, you can proceed to file Form I-485 (Adjustment of Status) if you’re in the U.S., or DS-260 for consular interview. If your Priority Date is later, you’ll have to wait until the queue moves to your turn.

Monitoring the Visa Bulletin monthly is extremely important to know the exact time when your EB3 Visa becomes “current” (your turn). This bulletin is updated around the middle of each month for the following month.

13. Is EB3 Visa a permanent green card?

Many people confuse the EB3 Visa with a green card, leading to misunderstanding about their rights and obligations. To clarify:

The EB3 Visa is precisely the path leading to a green card, not the green card itself immediately. When your EB3 application is approved and you complete all steps in the process, you will become a Lawful Permanent Resident (LPR) and be issued a green card.

There are two ways to receive a green card through the EB3 program:

Adjustment of Status (I-485): If you’re legally in the U.S. when your Priority Date becomes current, you can file Form I-485 to adjust from temporary visa status to permanent resident without leaving the U.S. After approval, you’ll receive your green card by mail.

Consular Processing: If you’re outside the U.S., you’ll interview at the U.S. Consulate in your country. After a successful interview, you’ll receive an immigrant visa to enter the U.S., and the physical green card will be mailed to your U.S. address within a few weeks after entry.

Green cards through EB3 Visa typically have 10-year validity and can be renewed indefinitely if you maintain legal permanent resident status. Note that this is a “conditional” card in some special cases, but most EB3 program cases will receive an unconditional green card from the start.

14. Path from EB3 green card to U.S. citizenship

One of the most important EB3 program questions relates to the long-term goal: Can you become a U.S. citizen after having an EB3 Visa?

The answer is absolutely yes. The EB3 Visa is the first step in the journey to becoming a U.S. citizen, and this path is clearly defined by U.S. immigration law.

After receiving a green card through the EB3 program, you become a lawful permanent resident. To qualify for U.S. citizenship (naturalization), you need to meet the following requirements:

Continuous residence time: You must reside continuously in the U.S. for at least 5 years from the date you received your green card. If married to a U.S. citizen, this time is reduced to 3 years.

Physical presence: Within those 5 years, you must be physically present in the U.S. for at least 30 months (i.e., 2.5 years). This requirement proves you actually live in the U.S., not just holding a green card in form only.

Good moral character: You must not commit serious crimes during your time as a permanent resident. USCIS will carefully review your criminal background.

English ability: You need to prove ability to read, write, speak, and understand English at a basic level. This will be tested during the naturalization interview.

Knowledge about the U.S.: You must pass a test on U.S. history and the U.S. government system (civics test). The test includes 100 sample questions; you need to answer correctly at least 6 out of 10 randomly selected questions.

Loyalty commitment: You must take an oath of allegiance to the U.S. Constitution and laws.

After meeting all the above conditions and filing Form N-400, the citizenship application process typically takes 8 to 12 months. When approved, you’ll attend a naturalization ceremony and officially become a U.S. citizen.

What’s special is that once you’re a U.S. citizen, you’ll have many additional rights that permanent residents don’t have, including voting rights, the right to sponsor parents and siblings, and protection from deportation in all circumstances.

15. The difference between EB3 Visa and lottery forms

One common misconception is confusing the EB3 Visa with lottery visa programs. This needs to be clarified right from the start.

The EB3 Visa is not a lottery or random selection program. This is an employment-based immigration visa category, reviewed based on applications, qualifications, experience, and filing order (Priority Date), not based on chance at all.

Meanwhile, the program people often refer to as a “lottery” is the DV Lottery (Diversity Visa Lottery) – the diversity visa program. This is a completely different program where applicants register to participate and are randomly selected by computer system.

The H-1B Visa also has a random element – when the number of applications exceeds the quota, USCIS conducts a lottery to select applications for review. However, the EB3 Visa doesn’t apply this mechanism.

The EB3 application review process follows the “first come, first served” principle within the same priority group. Your Priority Date (PERM filing date) determines your position in the queue. This provides much higher predictability than lottery forms.

Therefore, success in the EB3 program depends on:

• Application quality and thorough preparation
• The sponsoring employer’s capacity and reputation
• Full compliance with legal regulations
• Filing timing and quota status

These are factors you can control and prepare for, not relying on luck.

16. Assessment of EB3 Visa credibility and value

Some people worry that the EB3 Visa is valued lower than other visa categories like EB-1 or EB-2. This is a misconception that needs correction.

The EB3 Visa is a legal, transparent immigration visa category officially recognized in the U.S. immigration system. This program was enacted by the U.S. Congress under the Immigration and Nationality Act (INA) and is managed by USCIS and the U.S. Department of Labor with strict procedures.

The classification of EB-1, EB-2, EB-3 only reflects the priority level in annual visa quota allocation, not the “value” or “prestige” of the holder. Specifically:

• EB-1 is for people with extraordinary abilities
• EB-2 is for people with advanced degrees or exceptional ability
• EB-3 is for skilled workers, professionals, and unskilled workers

Each category meets different needs of the U.S. labor market. In reality, many essential professions such as nurses, teachers, engineers, and skilled workers all use the EB3 program as the primary path to recruit international personnel.

More importantly, after receiving a green card, there is no distinction between permanent residents from EB-1, EB-2, or EB-3. All have the same legal rights and obligations. Your green card doesn’t indicate which visa category you used.

Furthermore, many successful people in various fields in the U.S. started from the EB3 Visa. This visa category has helped thousands of Vietnamese families settle stably and build prosperous lives in the U.S.

17. Important notes when preparing EB3 applications

To maximize success chances with your EB3 application, you need to note the following important points:

Authenticity and transparency: This is the most important factor. All information in the application must be accurate and verifiable. USCIS and the U.S. Department of Labor have the right to request additional documents, conduct field inspections, and interviews to verify application authenticity.

Prepare complete documentation: Depending on which group you choose in the EB3 program, you need to prepare appropriate documents:

• Degrees (with foreign equivalency validation)
• Work experience confirmation from previous employers
• Pay stubs, employment contracts, or documents proving work duration
• Professional certificates or practice licenses (if any)
• Clean criminal record
• Medical examination results from designated doctors

Choose a reputable employer: This is a very large determining factor for application success. A business with strong finances, transparent operations, and experience in EB3 Visa sponsorship will significantly increase success rates. Research the company thoroughly before proceeding with the EB3 program.

Closely monitor progress: The EB3 application process lasts from several months to several years. You need to proactively monitor the monthly Visa Bulletin, check application status on the USCIS website, and maintain regular contact with your immigration attorney (if any) or employer.

Maintain legal status: If you’re in the U.S. on another visa while waiting for EB3 Visa, maintaining legal status is extremely important. Any violation can lead to application rejection.

Consider using professional consulting services: Although not mandatory, having an experienced immigration attorney or advisor will help you avoid many regrettable mistakes and increase success rates.

18. Conclusion

The EB3 Visa is one of the most feasible and stable paths to U.S. immigration for foreign workers. With three categories from unskilled workers to professionals, the EB3 program expands opportunities for many Vietnamese people to realize the American dream without large investments or family sponsorship.

However, success in applying for an EB3 application requires deep understanding of the process, conditions, and benefits. From finding a reputable employer, preparing complete documentation, to monitoring progress and maintaining legal status – each step needs to be done carefully and accurately.

Newland USA, with an experienced team of experts and the motto “Stable settlement – Lifelong prosperity,” is ready to advise and support you in preparing applications and accompanying customers throughout the EB3 U.S. immigration process. Contact Newland USA now via hotline 0785591988 or email: newsletter@newlandusa.asia for detailed and free consultation.

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