About EB-3 Employers

The Employer’s Responsibilities

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

There are THREE categories under EB-3 Visa as below:

skilled workers

- Must possess a minimum of two years of work experience or vocational training.

- Post-secondary education related to the field may be considered as part of training.

- Must be applying for a position where no qualified U.S. workers are available.

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professionals

- Must be qualified to perform a professional occupation requiring specialized knowledge.

- Must hold a U.S. bachelor’s degree or an equivalent foreign degree.

- Must have relevant experience in the professional field, when applicable.

- The position must be one for which qualified U.S. workers are not readily available.

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unskilled workers

- Must be offered a permanent, full-time non-seasonal position.

- Must be able to perform work where no available U.S. workers can be found.

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