EB-3 Job Offer Requirements: What Must It Meet in 2026
An EB-3 job offer must be a genuine, full-time, permanent U.S. position paying at least the DOL prevailing wage, with proven ability to pay. The employer pays all PERM costs.
Short answer: An EB-3 job offer must be a genuine, full-time, permanent (not temporary or seasonal) position offered by a U.S. employer, paying at least the prevailing wage set by the Department of Labor, and the employer must show it can pay that wage. By law the employer must pay all PERM and labor certification costs; the worker may not be charged.
What does "permanent full-time" mean?
Generally a position that is not seasonal or temporary and meets the full-time hours standard. Temporary work, purely part-time roles, or jobs whose continuity cannot be explained usually do not meet the EB-3 basics. For the Other Workers (unskilled) category the job must also be one requiring less than two years of training or experience.
Is there a minimum wage requirement?
Yes. The offered wage cannot be lower than the prevailing wage the Department of Labor determines for the job and work location. If the employer sets it too low, the labor certification may not be approved.
What must the employer prove?
The employer must show a real need for the worker and the ability to pay the offered wage from the priority date until the green card is obtained (8 CFR 204.5(g)(2)). Typical evidence includes tax returns, annual reports or audited financial statements.
| Item | Common focus |
|---|---|
| Position | Full-time, permanent, clear duties |
| Wage | At or above prevailing wage, and payable |
| Recruitment | Conducted under DOL rules |
| Applicant | Meets the job's minimum requirements |
Start-ups and small employers can sponsor too, but their financial documentation usually needs to be more complete.
Who pays the PERM costs?
The employer. By law (20 CFR 656.12(b)), all costs related to PERM and labor certification, including attorney fees and advertising, must be paid by the employer and cannot be passed on to the worker. PERM and the I-140 are handled by the U.S. attorney the employer retains.
Is a job offer the same as an ordinary offer letter?
No. A job offer for immigration purposes must match the job description and requirements in the PERM and I-140 and withstand scrutiny. The requirements must reflect the employer's genuine needs, and a labor certification cannot be adjusted to fit a particular worker. A verbal promise or an overly general offer letter is usually not enough.
Can I change employers?
Not freely. Under INA 204(j), a move to the same or a similar job is possible only when the I-140 is approved and the I-485 has been pending for at least 180 days. See Can You Change Jobs After Getting a Green Card?.
See also Who Qualifies for EB-3 Other Workers and our U.S. EB-3 job listings.
Last updated: 30 October 2026
Questions? admin@usa-eb3.com, WhatsApp +852 6888 4742, LINE oscar_gi.
Frequently asked questions
Does a verbal job offer count?
Usually not. An immigration job offer needs a written job description that matches the PERM and I-140.
Can a part-time or seasonal position support an EB-3 case?
Generally no. EB-3 needs a full-time, permanent, non-temporary position.
Who pays the PERM and labor certification costs?
By law the employer pays all of them; the worker may not be asked to cover any.
Can a small company or start-up sponsor?
Yes, but it must document its ability to pay the wage, and scrutiny is usually stricter.
Can the job requirements be adjusted to match my background?
No. The requirements must reflect the employer's genuine needs, and a labor certification cannot be adjusted to fit a worker.
Official sources
General information only, not legal advice. Immigration rules and the Visa Bulletin change; check the official sources above before you decide. Petitions are prepared and filed by the sponsoring employer’s licensed U.S. immigration attorney.