Disclaimer: The following information applies to the U.S. immigration process only. For local Vietnam and Philippines recruitment matters, including complying with the Philippines Overseas Employment Agency or other government regulations, Enterline and Partners strongly advises readers to consult with local Vietnam or Philippines counsel.
Finding the right employees can be challenging, especially when a company’s business needs specific skills or struggles to fill permanent positions locally. This can be especially true for U.S. employers who need to hire unskilled labor. For some U.S. employers, hiring workers from Vietnam or the Philippines may be a practical solution.
The EB-3 Visa allows eligible foreign nationals to obtain U.S. lawful permanent residence (“Green Card”) through employer sponsorship. However, sponsoring a foreign worker from Vietnam or the Philippines involves more than offering them a job. The business must meet federal recruitment, wage and financial requirements before the foreign worker can receive an immigrant visa.
In this guide, our U.S. immigration attorneys at Enterline and Partners explain the EB-3 employer sponsorship requirements for Vietnam and the Philippines, including the application process, government fees and expected timelines.
What Is the EB-3 Visa, and Which Workers Qualify?
The EB-3 visa is an employment-based immigrant visa for foreign workers from Vietnam or the Philippines who qualify under one of three categories:
- Professionals (“EB-3A”): Individuals whose jobs require at least a U.S. bachelor’s degree or its foreign equivalent.
- Skilled workers (“EB-3B”): Individuals whose jobs require at least two years of relevant training or experience.
- Other workers (“EB-3 EW”): Individuals performing jobs that require less than two years of training or experience.
A U.S. business may sponsor a Vietnamese or Filipino worker if it has a qualifying permanent, full-time position and can satisfy the applicable immigration requirements.
Most EB-3 cases require an approved labor certification from the U.S. Department of Labor (“DOL”), followed by a Form I-140, Immigrant Petition for Alien Workers (“Form I-140”) filed with United States Citizenship and Immigration Services (“USCIS”).
Certain occupations, such as qualifying healthcare workers including registered nurses and physical therapists, may use a different labor certification procedure under Schedule A.
What Are the EB-3 Employer Sponsorship Requirements?
Before beginning the sponsorship process, a U.S. business should understand the obligations it must meet. These include but may not be limited to:
- Offer a Permanent, Full-Time Job
The business must have a genuine, permanent job opening in the United States. Temporary or seasonal positions do not qualify for EB-3 sponsorship.
Qualifying positions may include registered nurses, engineers, skilled tradespeople, cooks and certain entry-level workers, depending on the job’s requirements and the applicable EB-3 category. Those applying for EB-3 EW positions do not have any skill or experience requirements.
The job description must reflect the position’s actual duties and minimum requirements. The foreign worker from Vietnam or the Philippines must also possess the qualifications required for the offered position.
- Demonstrate the Ability to Pay the Required Wage
The USCIS requires employers to demonstrate their ability to pay the offered wage from the Form I-140 petition’s priority date until the worker receives his/her Green Card.
Depending on the business, USCIS may review federal tax returns, annual reports or audited financial statements. Payroll records may also help demonstrate the financial capacity.
- Meet the Prevailing Wage Requirements
Before filing a standard Program Electronic Review Management (“PERM”) labor certification, the business must obtain a DOL prevailing wage determination.
This determines the applicable wage for the occupation and area of intended employment. The offered wage must meet or exceed the prevailing wage, and the business must pay at least that amount when the sponsored worker begins employment under the approved job offer.
- Complete the Required Recruitment Process
For positions subject to PERM, employers must conduct recruitment to determine whether qualified, willing and available U.S. workers can fill the position.
This involves advertising the opening, reviewing applicants and documenting recruitment results.
A business cannot reject a qualified U.S. applicant simply because it prefers to hire the foreign worker. The recruitment process must follow DOL requirements, and the business must retain the required records.
These requirements help establish that hiring the foreign worker will not adversely affect similarly employed U.S. workers.
A U.S. employer interviews an applicant online.
How Does the EB-3 Employer Sponsorship Process Work?
The standard EB-3 process involves several stages:
Step 1: Obtain a Prevailing Wage Determination
Submit a prevailing wage request to the DOL’s National Prevailing Wage Center. The business must provide information about the position, including its duties, requirements and work location.
The DOL uses this information to determine the applicable wage.
Step 2: Recruit U.S. Workers
Conduct the required recruitment using the methods prescribed for the occupation or position. These may include newspaper advertisements, a state workforce agency job order and additional recruitment activities.
Step 3: File the PERM Labor Certification
If recruitment does not identify an able, willing, qualified and available U.S. worker, the business may file Form ETA-9089 (Final Determination) with the DOL authorities.
Approval certifies that the position meets the applicable labor certification requirements. It does not grant the foreign worker a visa or permission to work.
Step 4: Submit Form I-140, Immigrant Petition for Alien Workers to USCIS
After receiving labor certification approval, the business has 180 days to file the Form I-140.
Step 5: Wait for Visa Availability and Consular Processing
Once USCIS approves the Form I-140 petition, the case generally proceeds to the National Visa Center (“NVC”).
The worker must wait until an immigrant visa is available under the Department of State’s Visa Bulletin. They can then complete the required application procedures and attend a consular interview.
Workers residing in Vietnam or the Philippines will interview at the U.S. Consulate in Ho Chi Minh City or the U.S. Embassy in Manila.
Eligible dependents, including the worker’s spouse and unmarried children under 21, may also apply for immigrant visas through the EB-3 process. Each dependent must complete the required application procedures, provide supporting documents and undergo a medical examination.
Our U.S. immigration attorneys at Enterline and Partners can help you navigate the EB-3 sponsorship process and prepare for the next steps. Contact us to discuss your hiring plans.
What Documents Do Employers Need for EB-3 Sponsorship?
The business should prepare and maintain documents supporting the position, recruitment process and financial requirements.
Depending on the case, these may include:
- A detailed job description and evidence of the position’s minimum qualifications;
- The prevailing wage determination;
- Recruitment advertisements, applicant records and the recruitment report;
- The certified Form ETA-9089;
- Federal tax returns, annual reports or audited financial statements;
- Evidence of the foreign worker’s education, training and experience;
- Form I-140 petition and the required supporting documentation.
How Much Does It Cost to Sponsor an EB-3 Worker?
EB-3 sponsorship involves government filing fees and other expenses that employers should consider before starting the process. These may include:
- Recruitment costs: Expenses associated with required advertising and recruitment. There is no fixed government fee for filing a PERM labor certification, but advertising and recruitment costs vary.
- Legal fees: Attorney fees for preparing the labor certification and immigration petition. These depend on the complexity of the case and the services provided.
- USCIS filing fees: The Form I-140 petition filing fee is US$715, plus an Asylum Program Fee of US$600 for most employers, US$300 for qualifying small employers or $0 for qualifying nonprofits.
- Consular processing expenses: The employment-based immigrant visa application fee is US$345 per person, including eligible dependents. Medical examinations, vaccinations and related expenses vary by country and individual circumstances.
The DOL regulations require employers to bear the costs associated with obtaining PERM labor certification, including recruitment and the employer’s related legal fees. The business cannot seek reimbursement for prohibited expenses from the foreign worker.
Other expenses may be allocated differently, subject to applicable laws and agreements.
How Long Does EB-3 Employer Sponsorship Take?
There is no guaranteed EB-3 processing timeline. The business must account for the time needed to obtain a prevailing wage determination, complete recruitment, receive labor certification approval, obtain USCIS approval, clear the NVC, and be scheduled for an interview at the Embassy or Consulate.
The Department of State Visa Bulletin establishes monthly visa cut-off dates based on the applicant’s category and country of chargeability, which is generally determined by birthplace.
These dates can advance or move backward through retrogression, and applicants generally need priority dates earlier than the applicable cut-off date for visa issuance.
Applicant speaks with potential U.S. employer.
FAQs About EB-3 Employer Sponsorship
Here are answers to some common questions from employers and prospective applicants.
Can I apply for an EB-3 visa by myself?
No. EB-3 applicants must have a qualifying U.S. employer willing to sponsor them. If you are interested in applying for an employment-based immigrant visa without an employer, you may wish to explore certain EB-1 or EB-2 categories that allow eligible applicants to self-petition.
Can a small business sponsor an EB-3 worker?
Yes. There is no general minimum business size requirement for EB-3 sponsorship. The business must have a genuine permanent position, meet the applicable labor certification requirements and demonstrate its ability to pay the offered wage. A small business should carefully review its financial documentation before starting the process, particularly if it intends to sponsor multiple workers.
Can an employer withdraw an EB-3 petition?
Yes. An employer may request withdrawal of a filed or approved Form I-140. However, the consequences depend on the Form I-140 petition’s status and timing. The worker may still need a new qualifying job offer and Form I-140 petition to complete the immigration process. A business should consult an experienced U.S. immigration lawyer before withdrawing sponsorship to understand the consequences for the business and the worker.
Ask Our Attorneys Before Accepting an EB-3 Job Opportunity.
Before you start, you should know whether an employer and a position qualify, what the business must pay and how the immigration process may affect its hiring plans.
We can help you understand the applicable sponsorship requirements, prepare the necessary immigration filings and navigate potential complications throughout the process.
Contact Enterline and Partners to discuss your EB-3 sponsorship plans with our attorneys.
ENTERLINE & PARTNERS CONSULTING
Ho Chi Minh City, Vietnam Office
Tel: +84 933 301 488
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Manila, Philippines Office
Tel: +63 917 543 7926
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Copyright 2026. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.
