PROCESS OF APPLYING FOR EB3 VISA – IMMIGRATING TO THE US UNDER THE UNSKILLED WORKER CATEGORY

The process of applying for an EB-3 visa consists of 3 steps:

1. The employer will complete the PERM (Program Electronic Review Management) form and submit it to the U.S. Department of Labor (DOL) for certification and approval. The employer must demonstrate to the DOL that they have made extensive efforts to find a suitable U.S. citizen for the position throughout the recruitment process but were unable to find a qualified or willing candidate. This is to prove to the DOL that the employer has adhered to the policy of prioritizing U.S. citizens’ interests in hiring. If the sponsoring company receives an application from a U.S. citizen but does not consider, interview, or disclose this to the DOL, the sponsoring company and related parties will be penalized.
2. The second step is to file a petition for the worker with the U.S. Citizenship and Immigration Services (USCIS). This step is also carried out by the employer, specifically by completing form I-140, Immigrant Petition for Alien Worker. In the I-140 form, the employer must demonstrate that:
   • The worker possesses the qualifications required for the position, and these qualifications must remain valid throughout the PERM form review process.
   • The employer has the ability to pay the proposed wage specified in the PERM form, and under no circumstances should the worker have to return any part of their salary to the employer.
3. Finally, the foreign worker will apply for a green card/immigrant visa. It is important to note that employment-based immigration sponsorship is subject to annual limitations on permanent residency applications, depending on the geographic area. For Vietnamese citizens, only those who filed a PERM application for EB-3 before June 1, 2016, could apply for a green card in October 2016. Other categories, such as EB-5, currently have no backlog for Vietnamese citizens, so there are no restrictions.