When people hear about the EB-3 program, they often think first about the worker. Some focus on eligibility requirements, others research processing times, while many simply wait for the day they can attend an interview and receive their visa.
However, if we ask who makes it possible for an EB-3 case to officially begin, the answer is not the worker.
It is the U.S. sponsoring employer.
What many people do not realize is that, before the worker signs any documents or before the case is filed with U.S. government agencies, the sponsoring employer has already completed a significant amount of work behind the scenes.
The employer is not merely the company offering the job. It is also the party that carries out the required legal procedures, coordinates with immigration attorneys, and works with U.S. government agencies to ensure that the case is developed in compliance with applicable regulations.
So, what does a U.S. sponsoring employer actually do?
A U.S. Sponsoring Employer Does More Than Recruit Workers
Many people assume that a U.S. company only needs to issue a job offer in order to hire a foreign worker. In reality, the process is much more complex.
Under the EB-3 program, the sponsoring employer must be a legitimate business with a genuine need to hire workers and a willingness to sponsor them in accordance with U.S. law.
This also means that the company must demonstrate that the position is real and complete all required procedures before the foreign worker may come to the United States to begin employment.
In other words, the U.S. sponsoring employer serves as the driving force behind the entire case.
Everything Begins With the PWD
After identifying the position that needs to be filled, the U.S. sponsoring employer works with an immigration attorney to prepare and submit a request for a Prevailing Wage Determination, commonly known as the PWD, to the U.S. Department of Labor.
The purpose of this step is to determine the appropriate wage for the position based on factors such as the work location, the nature of the job, and applicable legal requirements.
Obtaining a PWD is not simply an administrative formality. It is also intended to ensure that the foreign worker receives a wage consistent with the relevant U.S. labor market.
This is why the PWD is generally considered the first major milestone in an EB-3 case.
After the PWD Comes a Full Recruitment Process
Once the PWD has been issued, the sponsoring employer's responsibilities do not end.
The company must then proceed with the PERM Labor Certification process. During this stage, the employer must conduct recruitment in accordance with U.S. Department of Labor requirements and demonstrate that no qualified and available U.S. workers were found for the position.
This process is overseen by the U.S. Department of Labor and requires compliance with various recruitment, recordkeeping, and legal requirements.
It is one of the most important stages in the entire EB-3 process.
The Sponsoring Employer Continues to Support the Case
After the PERM application is approved, the U.S. sponsoring employer continues working with the immigration attorney to file Form I-140 with U.S. Citizenship and Immigration Services, commonly known as USCIS.
At this stage, the company must demonstrate several important factors, including its ability to pay the offered wage and the legitimacy of its ongoing need for the position.
Even after the case is approved and the worker receives an immigrant visa, the sponsoring employer's role is not yet complete.
The company must receive the worker, provide the position described in the sponsorship process, and fulfill its responsibilities as an employer under applicable law.
The employer and the worker therefore move through the journey together, from the earliest stages of the case until employment officially begins in the United States.
Why Is Choosing the Right U.S. Sponsoring Employer So Important?
An EB-3 case does not depend solely on the worker or the immigration service provider.
When the U.S. sponsoring employer has a genuine hiring need, follows the required procedures, and works closely with immigration attorneys, the case has a stronger foundation for moving through the remaining stages.
By contrast, if the company lacks transparency or fails to comply with legal requirements, the entire process may be affected.
For this reason, workers should not only research the job, wage, and work location. They should also pay close attention to the U.S. sponsoring employer behind their case.
Conclusion
Every EB-3 case involves coordination among several parties, but the U.S. sponsoring employer remains one of the most important participants.
From obtaining the PWD and completing the PERM process to supporting the I-140 filing and receiving the worker after entry into the United States, the sponsoring employer plays a central role throughout the entire journey.
