EB-3 Green Card: What Are the Requirements for Becoming a Sponsor?

For individuals who wish to settle permanently and work in the United States, the EB-3 Green Card program is one of the most common paths. This process, which allows permanent residence through employer sponsorship, involves specific legal and financial obligations — not only for the employee but also for the employer. So, what requirements must an employer meet to become a sponsor in the EB-3 process?

1. Financial Capability and Ability to Pay the Offered Wage

The most essential condition for an employer to qualify as an EB-3 sponsor is to have the financial ability to pay the wage determined by the Department of Labor (DOL) from the beginning of the process and required to be paid to the sponsored worker. U.S. immigration authorities closely review whether the employer is an active, income-generating, and financially stable business.

Therefore, tax returns, balance sheets, and income statements are generally used to demonstrate this capacity. The purpose is to prove that the sponsoring employer will be able to pay the offered wage regularly once the employee begins working.

In short, what matters is not just “intention” but actual financial strength. For example, a company that does not generate income equal to the required wage level, or that reports losses, may have difficulty sponsoring a worker. On the other hand, a business with regular operations and verifiable income can manage this process on a stronger footing.

For newly established companies, this situation often carries some uncertainty. What matters here is that, between the date the initial PERM application is filed and the date the sponsored employee receives the Green Card, the company must demonstrate consistent profitability or growth in assets sufficient to establish its financial credibility. Only in this way can immigration authorities be convinced that the company will be able to pay the employee’s wage in the long term.

2. Consistency of Company Information

The EB-3 Green Card process can be lengthy, often extending over three to four years. For this reason, it is crucial that the employer does not make significant changes to the company’s identity during the process.

For example:

• Changing the company’s EIN (Employer Identification Number),
• Radically altering its business area or model,
• Undergoing a merger, acquisition, or structural reorganization

can disrupt the process or jeopardize the validity of the application.

For instance, if a company that initially began the application as a restaurant chain later shifts its operations entirely to the construction industry, immigration authorities may consider that it is “no longer the same employer.” This could lead to the denial of the case or the need to start the application over.

3. Relationship Between the Sponsor and the Employee

It is technically possible for an employer to sponsor a close family member under the EB-3 program, but it is highly risky. USCIS closely examines such cases to ensure the process’s integrity.

For example, if the employer offers a job to a sibling, spouse, or child, immigration authorities will scrutinize whether this represents a genuine employment need or simply an attempt to facilitate obtaining a Green Card.

In these situations, the employer must prove that the recruitment process was objective, and that other qualified candidates who applied for the same position were also considered. Otherwise, the application may be denied.

4. Consistency Between the Job Offered and the Company’s Business Activity

The job position offered under the EB-3 Green Card program must be consistent with the company’s actual line of business. For example, if a dental clinic files an EB-3 case for a “car mechanic” position, that would not be considered a logical or genuine employment relationship. Such an application could raise doubts about whether the position truly exists.

However, if the job is genuinely related to the employer’s operations — such as a hotel petitioning for a cook or housekeeping position — the case is viewed as more reasonable. Even in unskilled EB-3 cases, the position must still make sense within the company’s business structure.

5. Recruitment Process and Application Stages

While this article does not delve into the technical details of the recruitment or petition stages, it is important to note that as part of the sponsorship, the employer must demonstrate that it first attempted to recruit U.S. workers and could not find a qualified candidate to fill the position.

After completing that stage, the employer may proceed with filing the official immigration petition on behalf of the foreign employee. What matters at this stage is that the process is well-documented, transparent, and timely.

Conclusion

Becoming a sponsor in the EB-3 Green Card process is not merely about making a job offer. The employer’s financial stability, business consistency, operational integrity, and good faith form the foundation of a successful sponsorship.

When planned carefully and carried out with professional legal guidance, the sponsorship process can provide both the employer and the employee with a path to long-term success and legal security in the United States.

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