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Does my employer need to be American?

To apply for the EB-3 visa, the employer must be legally established in the U.S. and comply with all legal requirements of the immigration process.

Written by

Victoria Harper

Editor-in-Chief

Updated on August 1, 2025
1 min read
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The EB-3 visa is an important option for workers who wish to move to the United States through a permanent job offer. This category includes skilled professionals and unskilled workers, provided there is a proven opportunity in the country.

For the EB-3 visa, the employer must be legally established in the United States, as the process involves the PERM certification with the Department of Labor, which verifies the unavailability of American workers for the position.

The American employer is responsible for filing the petition and complying with all legal requirements of the immigration process. Therefore, having an employer duly recognized and operating in the U.S. is essential for the success of the application.

It is recommended to strictly comply with the laws, seek reliable sources, avoid fraud, and have specialized guidance to ensure compliance and security throughout the entire process.

Learn more about EB-3 Visa

Category
EB-3 Green Card (3rd priority)
PERM
Required
Requirement
Skilled worker
Processing
1-10 years
All about EB-3 Visa
Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.

Victoria's tips

Does my employer need to be American?

To apply for the EB-3 visa, the employer must be legally established in the U.S. and comply with all legal requirements of the immigration process.

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