EB-3 Employer Sponsorship: Who Does What

Short answer: EB-3 requires a U.S. employer to offer a genuine, permanent, full-time job and to handle the prevailing wage determination, recruitment, PERM and Form I-140. By law the employer must pay all PERM labor certification costs and cannot charge them to you. The applicant must meet the job requirements and supply documents.

What must the employer do?

In order: the employer requests a prevailing wage determination from the Department of Labor, completes the required recruitment and keeps full records, files PERM after finding no qualified and willing U.S. worker, and then files Form I-140, where it must show the ability to pay the offered wage. The job must be permanent and full-time (generally 35 or more hours a week) and must stay open until you receive your green card. These filings are normally made by the employer's attorney of record. We provide matching and process information, not a substitute for the employer's attorney. For the overall picture, see the EB-3 overview and the process page.

Who pays for PERM?

Under U.S. regulations (20 CFR 656.12(b)), the employer must pay all labor certification costs, including advertising and PERM attorney fees, and cannot recover them from the worker. A worker also cannot be made to pay for the job. See who pays EB-3 costs. If anyone asks you to pay for PERM or to "buy" a position, stop and ask an attorney.

What must the applicant provide?

Honest evidence of education, work experience and qualifications that match the job description. Stay reachable during the backlog and visa stage, and maintain lawful status if you are in the U.S. A job change or resignation can affect the case and should be discussed with counsel in advance. If the employer drops out, see what happens if the employer withdraws.

Points Taiwanese applicants often face

Confirm the work location, the prevailing wage and that the role is truly permanent. The prevailing wage depends on worksite, occupation and requirements; see EB-3 prevailing wage. Remote or overseas work arrangements may not satisfy the requirements and need case-by-case review. Some applicants obtain sponsorship through a recruitment program or a direct employer offer. If you are still in Taiwan, make sure the employer accepts a long wait: in the October 2026 bulletin the EB-3 Other Workers final action date for Taiwan is January 1, 2022.

Employer and applicant roles

What to do before starting

Confirm the employer's willingness to sponsor in writing. By law the employer must pay all PERM labor certification costs and cannot charge them to you. Recruitment ads, the actual job and your résumé must align. A lawyer familiar with PERM should coordinate to avoid document conflicts or missed deadlines.

Last updated: 30 October 2026

Questions? admin@usa-eb3.com, WhatsApp +852 6888 4742, LINE oscar_gi.

Frequently asked questions

Can the employer ask me to share the PERM costs?

No. By law the employer must pay all PERM labor certification costs and cannot charge them to the applicant.

When must the employer prove it can pay the wage?

Ability to pay is shown at the I-140 stage, not before PERM. Before PERM, the prevailing wage determination and recruitment must be completed.

Must the job be full-time?

Yes. EB-3 requires a permanent full-time job (generally 35 or more hours a week) that stays open until you receive the green card.

Can I resign before I get the green card?

Resigning can affect the case. Discuss it with an attorney first; the effect depends on the stage of your case.

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.