Cases are usually delayed or refused because of employer-side problems (PERM audits, recruitment errors, wrong job requirements, inability to pay), document problems, or issues personal to the worker (past violations, misrepresentation, medical, criminal or public-charge concerns). You control honesty, complete documents and police certificates; the employer's attorney controls the filings.
Most people want to know what could go wrong before they start. It is a sensible question, and the honest answer is that EB-3 is a long process with several places where a case can slow down or fail. This article lists the common reasons in general terms, and separates what you can influence from what only the employer and its attorney can do. It is not legal advice, and no one can promise that a case will be approved. An immigration attorney should review your own facts.
Problems on the employer's side
- PERM audits and recruitment errors: the Department of Labor can select a labor certification for audit and ask the employer to document its recruitment. Mistakes in advertising, in how applicants were handled, or in record keeping can delay or deny the certification. See how PERM works.
- Wrong job requirements: requirements that are not genuinely needed for the job, or that do not match what the employer really wants, can lead to denial.
- Ability to pay: the employer must show it can pay the offered wage from the priority date onward. Weak finances can lead to a request for more evidence or a refusal.
- Inconsistent filings: job titles, duties, wages or dates that do not match across forms can raise questions.
- The business itself: if the employer closes or withdraws, the case may end; see what happens if the employer withdraws.
Problems in the documents
Missing, unreadable, expired or inconsistent documents cause many delays. Examples include names spelled differently on different papers, missing civil records such as birth and marriage certificates, translations that are not certified, and dates that do not agree with what you said earlier. An officer who finds a mismatch may ask for more evidence, which adds months, or may refuse the case.
Problems personal to the worker
| Issue | Why it matters |
|---|---|
| Past immigration violations | Overstays or unlawful presence in the U.S. can make a person inadmissible for a period. Some past issues have waivers; many do not. |
| Misrepresentation | Giving false information or documents, even long ago, can have serious and lasting effects. |
| Medical inadmissibility | Certain health conditions, or missing required vaccinations, can lead to a finding of inadmissibility. Some can be resolved. |
| Criminal record | Some convictions, and some conduct without a conviction, can make a person inadmissible. Bring the court papers and ask an attorney early. |
| Public charge | Officers look at whether a person is likely to depend mainly on government support. A genuine job offer helps, but ask your attorney how it applies. |
None of these means a case will fail automatically. Many depend on the details, and some can be addressed. But you must tell your attorney everything, including things that are embarrassing or happened a long time ago.
What you control and what you do not
You control: telling the truth every time, giving your attorney complete and accurate information, gathering civil documents early, obtaining police certificates from each place you have lived for the required period, completing the medical exam properly, answering letters on time and keeping copies of everything.
The employer and its attorney control: the recruitment steps, the wording of the job requirements, the filings with the Department of Labor and USCIS, and proof of the employer's ability to pay. You cannot fix these yourself, so choose employers carefully; our guide on real employers and scams shows how.
The government controls: processing time, audits, and the final decision. Also, the Visa Bulletin keeps the wait to several years for most applicants, whatever else goes right. Avoid anyone who promises to "avoid" these checks or guarantee approval; that is a red flag.
What to do next
Start collecting documents now, be honest about your history, and write down questions for the attorney of record. Read other families' experiences, or contact us if you have a concern about your own background and want to know where to get proper advice.
Official sources
- U.S. Department of Labor, Office of Foreign Labor Certification: PERM
- USCIS, Form I-140, Immigrant Petition for Alien Workers
- U.S. Department of State, The Immigrant Visa Process
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