EB-3 for people already in the United States is the situation of many Vietnamese present in the US on another visa (student, temporary work, exchange) who want to switch to employment-based settlement. This is a feasible path if valid status is maintained. This article analyzes EB-3 for people already in the United States and how to proceed.
EB-3 for people already in the United States: what are the advantages
People legally in the United States have the advantage of being able to file for adjustment of status right there in the country once their priority date becomes current, without needing to return home for consular processing. This is usually more convenient and faster.
In addition, they are already familiar with the environment, may already have a local employer, and understand the system, making the transition to employment-based settlement less unfamiliar.
Conditions for maintaining valid status
The key point is maintaining valid status on the current visa throughout the process. Overstaying a visa or violating its conditions can affect the ability to adjust status within the country.
Some visa categories allow “dual intent” (staying temporarily while also pursuing a green card), while others do not. So it is important to understand exactly what the current visa category permits.
Path to transitioning to EB-3
The typical path is to find a sponsoring employer, complete labor certification and the immigrant petition, then file for adjustment of status once the priority date becomes current, all while maintaining valid status.
You should refer to adjustment of status process and consult an attorney to plan a transition suited to your current visa type, avoiding any interruption in your residency status.
Summary
EB-3 for people already in the United States is a favorable path because status can be adjusted within the country, but the key condition is maintaining valid visa status. You need to understand exactly what your current visa category allows. You should plan the transition carefully and consult a professional to avoid interrupting your residency.
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References
- USCIS — Adjustment of Status: https://www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-of-status
- USCIS — Employment-Based Immigration: Third Preference EB-3: 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 · Can you settle in the United States and keep Vietnamese citizenship
