Welcome to Mattlaw! Immigrating to the US is always a dream of many people not only in Vietnam but all over the world. In fact, for many years, the United States has also had policies to attract investors and skilled workers around the world, in order to create a driving force for economic development as well as create jobs for locals. There are typical programs such as: EB-5 Visa, Eb2 Visa, Eb3 Visa, L1 visas, L2 visas… Each program has different conditions. In particular, the Eb3 Visa is a Visa dedicated to skilled workers, professionals, and most significantly, unskilled workers. 

1. US Immigration Program – EB3

Visa EB3 (Employment-Based Immigration: Third Preference EB-3) is known as the US immigration program for specialist, skilled or unskilled workers.

1.1. Who is the EB3 Visa for?

The EB3 visa program includes 3 main labor streams:

  • Expert stream (EB3 Professional)
  • Skilled Workers Stream (EB3 Skilled Workers)
  • Unskilled Workers (EB3 Unskilled Workers)

1.2. Specific conditions for applicants to join US immigration – EB3

Expert (EB3 Professional)
  • Bachelor’s degree, Master’s degree,…
  • Foreign bachelor’s degrees need to be assessed by an international degree-reviewing agency in the United States.
  • The job guaranteed for the Green Card must be true (or related) to the profession studied and worked.
Applicants must have a Bachelor’s degree or higher. If the bachelor’s degree is outside the United States, it must be assessed by an international credentialing agency in the United States. For example: professor, doctor, pharmacist, accountant, physiotherapist, designer…
Skilled Workers (EB3 Skilled Workers)
Vocational training diplomas and certificates.Must demonstrate at least 2 years of experience in the field.Applicants must have professional training or have at least 2 years of experience in the fields of skilled labor. Applicants need to prove that they have received professional training for at least 2 years (maybe by tax reporting…). The occupations that are considered for this visa category can be mentioned as: chef, cosmetologist, tailor
, car engineer, marketing specialist…
Unskilled Workers (EB3 Unskilled Workers)
No degree or experience required.This type of visa does not require qualifications or experience of the recipient. The recipient of this visa will come to the US to settle and do unskilled labor jobs, usually with minimum wages in the US. For example, the jobs of cleaning hotel rooms, waiters, kitchen assistants, working in factories, packing products, taking care of patients …

Applicants to the above programs must have a labor certification and a letter of employment to work full-time in the United States. 

1.3. General conditions of the US immigration program EB3

What are the general conditions for EB3 visa subjects, how old is this category, can 50 years old apply for an immigrant visa under EB3 or not? Here are the conditions you need to know:

  • Subjects are in the working age (from 18 to 55 years old).
  • Ensure health standards to meet job requirements.
  • No criminal record, has not been deported from the US.
  • Work full-time as specified by employers in the US.
  • No financial proof required.
  • Foreign languages: Only foreign languages ​​are required for the Expert (EB3 Professional), Skilled Workers (EB3 Skilled Workers) category, for the EB3 Unskilled Workers category, not required.

2. What does the EB3 US immigration file include?

  • Passport valid for more than 6 months after the applicant immigrated to the US.
  • Job offer letter from US employer.
  • Labor certificate (LC) approved.
  • I-140 Immigrant Petition.
  • Confirmation form DS-260.
  • Health certificate and vaccinations.
  • 2 photos of visa card.
  • Diplomas and certificates proving qualifications (experts and skilled workers).
  • CV and curriculum vitae.
  • Civil certification records.
  • Other documents are subject to the requirements of the National Visa Center (NVC) (if any).

3. The benefits of the applicant when participating in the US immigration program EB3

  • Get a job right after coming to the US.
  • Protected by law under labor contracts, safe and equal working environment, higher income than the common ground in Vietnam.
  • Get a green card right at the US airport. A hard copy (plastic) Green Card is sent directly within 30-60 days after arriving in the US.
  • Family sponsorship to the US (spouse and unmarried children under 21).
  • Spouses and children of EB3 green card holders are also granted green cards and are free to study and work like US citizens.
  • Children are exempted from tuition fees at American public schools until they graduate from high school. Tuition at universities is only 1/3 of the cost of international students (depending on state regulations).
  • No visa is required to enter the US.
  • Enjoy benefits, social welfare, health insurance, labor insurance, etc.
  • Buy cars, houses and borrow money at low interest rates like US citizens.
  • Be in business and work in many fields.
  • Being naturalized in the US after about 5 years of living and working.

4. EB3 Visa Processing Time and Process

This option only applies to the case where the customer is legally in the US when receiving the  I-140 Approval Letter .

Step 1 : Customer signs a service contract with Mattlaw

Step 2 : After finding a job, the applicant will conduct an interview with the employer.

If the employer accepts the interview results, the applicant will receive a long-term job offer letter

Step 3 : Apply for a Labor Certificate

– A Labor Certificate is a permit that allows employers to recruit foreign workers to work permanently in the United States.

Step 4 : Enter the US with tourist visa B1/B2

Step 5 : Get a Labor Certificate

Step 6 : File Form I-140 with USCIS

+ After the Department of Labor approves the application for a labor certificate, the immigration attorney will proceed to file the I-140 petition with USCIS.

+ Time to process I-140 petition: from 5-7 months. However, starting October 19, 2020, if the applicant uses Form I-907 (priority form for fast processing), the I-140 petition processing time is only 15 days.

***Note: Currently, USCIS allows employees to file Form I-907 to request expedited processing of I-140 petitions, so customers may consider entering the US on a tourist visa after obtain a Work Permit, similar to the recent successful client of the partner.

Step 7 : Get I-140 approval and apply for change of status

– After receiving the approval of the I-140 petition, the attorney will assist the employee in filing Form I-765 (Work Permit) and Form I-485 (application to convert current visa status to card). green)

***Note: During the application for change of status, the applicant is not allowed to leave the US

Step 8 : Get approval for I-765 and I-485 applications

– After the I-765 is approved, the applicant will receive a Work Permit and Advance Parole Card, allowing to work for the employer and freely travel in the US.

– After the I-485 petition is approved, the applicant will conduct an interview at the local Immigration Office. After successful interview, the applicant will receive a permanent green card

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