K Visas and EB3 visas

K visas: Vietnam is among the top five countries for K visas. K-1 visas are issued to a US citizen’s fiancée so that she can come to the US to be married. There are also K-3 visas. They are issued to the spouse of an American citizen so that she can come to the States while waiting for her marriage visa petition to be processed by CIS. Last year, the most K visas went to the Philippines (8,500), China (2,100), Mexico (2,100), the Dominican Republic (1,800) and Vietnam (1,700).

EB-3 Visas for Unskilled Workers: Is this a scam? You can decide if you just look at the basic requirement for EB3 visas: they are only available if the employer cannot find any American worker to do the job. In America, there are hundreds of thousands of unskilled workers available. They are high school and college students or workers who never had much training, experience or skills. With so many unskilled workers available already in America, there is no reason for any employer in the US to spend a lot of money to bring workers from abroad.

If any of your friends or relatives in Vietnam asks you about EB3 visas for unskilled workers, we strongly urge you to tell them that these visas are not available.

Unscrupulous agencies in California and Vietnam are claiming that they can get visas for unskilled workers to go to the US to work for Pizza Hut or other famous companies, and that the workers will be able to get Green Cards. But EB workers can only get visas if there are no qualified workers already in the US.

Some employment agencies in California and Vietnam are using the name of Pizza Hut because it is a popular American company with many outlets in Vietnam. But can you imagine that there are not enough unskilled workers in the US, so Pizza Hut must bring them from Vietnam? That is simply not true.

In most cases it is extremely difficult to get approval for unskilled workers from abroad because such workers are easily found among US residents. And, because there is an annual worldwide limit of 10,000 EB-3 visas for unskilled labor, there are extreme backlogs of several years. Employers in America would never wait for several years for workers to arrive from abroad.

To bring unskilled workers to the States, the US employer must obtain Labor Certification from the US Department of Labor. The labor certification confirms that the immigrant will be performing work for which other workers in the U.S. were not available. The US employer must show that he has the financial resources to pay the prevailing wage. Also, the US employer must certify that he was not able to find willing and able U.S. citizens or Green Card holders to fill the job opening.

Unskilled workers must receive the same wages that other worker receive. If an agent in Vietnam says that during the first year in the US the Vietnamese worker will not get a salary, only room and board, that is totally illegal.

If the recruiting agency in Vietnam requires the applicant to pay all fees up front, before the visa is issued by the Consulate, that’s a red flag. Or, if the agent says the employer cannot find qualified waiters in his area that is simply incredible. If the agency does not tell the applicant that he may have to wait several years for a visa, or if the agent says that the potential employer doesn’t mind waiting that long, that’s another warning.

The US Consulate in Saigon sent us an email, saying that “Vietnamese citizens in Vietnam with approved petitions may apply for an EB-3 visa at the U.S. Consulate in Ho Chi Minh City but are subject to an interview and at that time, the bona fides of the petition will be evaluated.” In other words, the Consulate has incredible computer resources at its disposal and can easily determine if there is a legitimate job offer from a US employer.

Be very careful of agencies that claim to be able to get EB3 visas for unskilled workers. If a US employer wants to hire people from Vietnam, the employer will do the recruiting in Vietnam, at no charge to the job applicants, and will not use an agency that demands thousands of dollars from the workers.
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Q.1. How many EB-3 Unskilled worker visas have been issued by the US Consulate in Saigon?
A.1. The total number is Zero. None. That has not changed. There are no changes in the law, and no new laws that would make it easier for unskilled workers to obtain an employment visa.

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Q.2. Is there any way for a worker in Vietnam to check to see if a job offer is truthful?
A.2. The worker should ask for evidence that the recruiting agency is really representing a US employer.

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Q.3. Which cases are easier, Fiancée cases or marriages cases?
A.3. Both Fiancée cases and marriage cases take about the same amount of time. The Fiancée case requires less paper work and less expense. However, some consular officers feel that marriage cases are better proof of relationship.
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Q.4. This question from one of our listeners: I was admitted to the US as a B2 visitor and got married with a Permanent Resident. Can I stay in the US after my B2 expires and wait until my I-130 petition is current, and then apply for a Green Card?
A.4. You cannot apply for a Green Card if you are in the US illegally. You would have to find some way to remain in the US legally until your I-130 petition is current. Before your B2 expires, you might apply for a change of status, for example change to a Student Visa. If you wait until after your B2 expires, you cannot apply for a change of status and you must return to Vietnam.

ROBERT MULLINS INTERNATIONAL www.rmiodp.com www.facebook.com/rmiodp
Immigration Support Services - Tham Van Di Tru

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