EB-3 Visa
Employer Sponsorship
A US employer must offer a permanent, full-time job and sponsor the case. Here is how sponsorship works, what the employer has to do, and what it means for you.
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What is employer sponsorship?
In the EB-3 unskilled category, a US employer sponsors a foreign worker for a permanent position by first obtaining a labour certification through the PERM process. That process exists to show the Department of Labor that there are no qualified, willing US workers available for the job at the prevailing wage.
Sponsorship is not a favour an employer grants on paper. It commits them to a real, permanent vacancy, to a wage, and to a legal process that takes months and costs them money.
Employer sponsorship is the foundation of an EB-3 case. Without a sponsoring employer there is nothing to file — which is why it is the first thing to solve, not the last.
How employer sponsorship works
- 1
Job offer
A US employer offers you a permanent, full-time job in a non-technical position — one that requires less than two years of training or experience.
- 2
PERM labour certification
The employer runs the required recruitment and files the PERM application with the Department of Labor to show no qualified US workers are available.
- 3
Form I-140 immigrant petition
Once PERM is certified, the employer files Form I-140 with USCIS. Approval establishes the job offer and your eligibility for the category.
- 4
You apply for the visa
When a visa number becomes available for your priority date, you apply through a US consulate or, if you are already in the US and eligible, adjust status.
What the employer has to meet
These obligations sit with the employer, not with you. An employer who cannot meet them cannot sponsor an EB-3 case.
| Requirement | What it means |
|---|---|
| Permanent, full-time job | The role must be ongoing and full-time — not seasonal, temporary or part-time. |
| Labour certification (PERM) | The employer must complete the PERM process through the Department of Labor before anything is filed with USCIS. |
| Ability to pay | The employer must be able to demonstrate they can pay the offered wage from the priority date onward. |
| Good-faith recruitment | The recruitment that tests the US labour market must be genuine and must follow the prescribed steps and timings. |
| Compliance with US law | The employer must follow Department of Labor and USCIS rules throughout, including the wage they offered. |
What this means for you
You cannot sponsor yourself, and you cannot buy a sponsorship. A job offer that appears without an employer who has a real vacancy is the single most common shape of immigration fraud in this category.
ImmiAxis works with a recruiting agency in the United States on the employer side. We do not promise a job offer, because that decision belongs to employers — what we can do is prepare you properly for the moment one exists.
US regulations require the employer to pay certain PERM costs, including the costs of recruitment and attorney fees connected with the labour certification. Be very cautious of anyone asking you to pay those.
This page is general information about a US immigration category, not legal advice. ImmiAxis is not a law firm. For advice on your own case, consult a qualified immigration attorney or accredited representative.
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