The sponsor’s responsibilities include:
Filing a Labor Certification: The sponsor must obtain a certification from the U.S. Department of Labor (DOL), confirming that there are no qualified U.S. workers available for the position the foreign worker is being hired for. This process is called the Labor Certification (PERM), and it serves to demonstrate that hiring a foreign worker will not negatively impact the wages or working conditions of U.S. workers.
Filing Form I-140 (Immigrant Petition for Alien Worker): After obtaining the Labor Certification, the sponsor files the I-140 petition with the U.S. Citizenship and Immigration Services (USCIS). The I-140 petition must demonstrate that the foreign worker is qualified for the job, the employer has the ability to pay the offered wage, and the position meets the qualifications for the EB-3 visa.
Sponsoring the Foreign Worker for Permanent Residency: Once the petition is approved, the sponsor's role continues as they may be asked to assist the worker in obtaining permanent residency (a Green Card). The foreign worker may need to attend interviews or provide additional documentation, and the sponsor must maintain compliance with the terms of the labor certification.
Who Can Be an EB-3 Visa Sponsor?
An EB-3 visa sponsor must be a U.S.-based employer who:
- Has a legitimate, full-time job offer for a foreign worker in one of the eligible categories of the EB-3 visa (skilled worker, professional, or other worker).
- Can demonstrate the ability to pay the worker the prevailing wage for the position, as determined by the U.S. Department of Labor (DOL).
- Meets all the necessary requirements set by USCIS for the EB-3 visa process.
The sponsor can be any type of U.S. employer, from small businesses to large corporations. It’s essential that the employer is in good standing and can provide the necessary documentation and proof for the worker’s visa application.
The EB-3 Visa Sponsorship Process: Step by Step
Labor Certification (PERM) Application: The sponsoring employer must first file a Labor Certification with the Department of Labor (DOL). This process involves demonstrating that no qualified U.S. worker is available for the position and that hiring a foreign worker will not negatively affect the wages and working conditions of U.S. workers.
Filing Form I-140 (Immigrant Petition): Once the Labor Certification is approved, the employer submits Form I-140 to the USCIS to petition for the foreign worker’s immigrant visa. The I-140 petition must include evidence of the worker’s qualifications, the job offer, and the employer’s ability to pay the required wage.
Priority Date and Wait Time: After submitting the I-140 petition, the foreign worker is assigned a priority date. This date determines their place in line for receiving a visa. The worker must wait for the priority date to become current before proceeding with the next steps
Adjustment of Status or Consular Processing: Once the priority date becomes current, the foreign worker can either apply for Adjustment of Status (if already in the U.S.) or go through Consular Processing (if outside the U.S.) to complete the visa process and receive their Green Card.
Receiving the EB-3 Visa: Once the visa is granted, the foreign worker can enter the U.S. and begin working for the sponsoring employer. The visa holder will also be granted lawful permanent resident status, which means they can live and work in the U.S. indefinitely.
