Switching to EB-3 is a question asked by people already in the United States under a different status, such as a temporary work visa or student visa, who want to settle permanently. The answer opens up opportunities for this group. This article addresses whether it is possible to switch categories for people already present in the United States.
Understanding this clearly helps people already in the United States know their options, which differ from those still in Vietnam.
Is switching to EB-3 from another category feasible
In principle, a person legally present in the United States under another status may pursue the EB-3 category if they have an employer sponsor. According to U.S. Citizenship and Immigration Services (USCIS), this category is based on a sponsored job, regardless of where the candidate is currently located.
This means: a person working in the United States on a temporary visa, or who has finished studying, can find an employer to sponsor them for permanent residence. This is a path many people use to move from temporary status to permanent residence.
The adjustment of status path
For someone legally present in the United States, the final step of the case typically follows the adjustment of status path. This allows a switch to permanent resident status while remaining in the country, without needing to leave the United States.
This differs from someone in Vietnam, who processes through consular processing. Someone adjusting status domestically also has the advantage of usually being able to apply for a temporary work permit while waiting. However, this depends on the case’s stage and specific conditions.
Note on maintaining legal status
An important point for someone in the United States is maintaining legal status throughout the process. Maintaining legal status affects the ability to switch categories and adjust status.
If the current status has issues, switching categories can become more complicated. So, someone in the United States who wants to switch to an immigration category should pay attention to maintaining legal status and plan carefully. This is a situation where professional consultation is advisable to avoid mistakes that affect the entire plan.
Compared with someone in Vietnam
Someone in the United States and someone in Vietnam have different paths at the final step. Someone in the United States can adjust status in place; someone in Vietnam processes through the consulate and waits at home.
However, both rest on the same foundation: a job sponsored by an employer. So regardless of where you are, the core factor remains finding a real, trustworthy employer. Being in the United States brings some procedural advantages, but does not change the nature of the category.
Summary
Switching to EB-3 from another category is feasible for someone legally present in the United States, if they have an employer sponsor, usually through the adjustment of status path. It is important to maintain legal status during the process. If you are in the United States, you should plan carefully and consult a professional for your specific situation.
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References
- U.S. Citizenship and Immigration Services (USCIS) – https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-third-preference-eb-3
Read more: Overview of the EB-3 visa for US immigration · US immigration: doing it yourself or through a consulting firm
