A successful EB-3 case depends heavily on the sponsoring employer. The employer generally must:

• Be a qualifying U.S. employer.
• Have a valid Federal Employer Identification Number.
• Maintain a U.S. business location where U.S. workers may be referred.
• Offer a bona fide, permanent, full-time position.
• Obtain a prevailing wage determination before filing the PERM application.
• Conduct the required recruitment.
• Consider U.S. applicants fairly.
• Maintain recruitment and case records.
• Demonstrate the ability to pay the offered wage.
• Cooperate with requests for information, audits, or government review.

The Department of Labor states that a PERM employer must have a valid FEIN and a U.S. location to which U.S. workers may be referred. The employer must also obtain a prevailing wage determination before filing the PERM application