Whether you can go to the US to work while waiting for EB-3 is a practical question for many people, since the pathway spans many years. The answer affects life planning during the waiting period. This article answers where the candidate is and what they do while waiting for the case.
Understanding this correctly helps you plan realistically for years of waiting, rather than having mistaken expectations.
Where the candidate is while waiting for EB-3
For most Vietnamese applicants processing through consular processing, the answer is that they remain in Vietnam throughout the waiting period. According to U.S. Department of State, the candidate waits until their priority date becomes current before completing the final step and entering the US.
This means: simply having an EB-3 case in process does not allow the candidate to go to the US to work right away. The candidate continues to live and work in Vietnam until the case is complete. This is an important point to understand so as not to expect an early departure.
Why you cannot go to work right away
The reason is that an EB-3 case in process does not grant the candidate the right to reside or work in the US. According to U.S. Citizenship and Immigration Services (USCIS), the right to work and reside only comes once the case is complete and the candidate receives the green card.
So having an employer sponsor you does not mean you can go work for them right away. The candidate only begins working in the US after entering as a permanent resident. This differs from temporary work visas, which allow working before that point.
The case of people already in the US
Another case is people already legally in the US under a different status, processing their case through adjustment of status. This group has a different situation: they are already in the US and, while waiting, can often apply for a temporary work permit.
However, this group is already present in the US under a different category, not people in Vietnam waiting to go. For Vietnamese people currently in the country, the common situation is still waiting in Vietnam until the case is complete.
What to do while waiting
Since you must wait in Vietnam for several years, you should use this time usefully. Keep working steadily to sustain finances for the case and for life. Improve your English and skills to prepare for future work.
In addition, you should track your case progress and the Visa Bulletin regularly, and keep paperwork ready to act as soon as your turn comes. Keeping life moving forward while waiting makes this stage lighter and more productive, rather than just passively waiting.
Summary
While waiting for EB-3, Vietnamese applicants processing through consular processing remain in Vietnam and cannot yet go to the US to work, because the right to work only comes with the green card. Those already in the US under a different status have a different situation. You should use the waiting time to keep working steadily, improve your skills, and prepare for the future.
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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
- U.S. Department of State, Visa Bulletin – https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html
Read more: Overview of the EB-3 visa for US immigration · Once you have your EB-3 green card, do you have to keep working for the same employer forever?
