Does my employer need to prove that they pay me the same as an American?

The EB-3 visa is an option for skilled workers, professionals, and other workers who wish to obtain permanent residence in the United States through employment. In this process, it is crucial that all steps comply with legal requirements to ensure that the impact on the American labor market is minimized.

One of the essential steps is obtaining the labor certification (PERM) by the employer, which involves demonstrating to the U.S. Department of Labor that there are no qualified, available, and willing American workers to fill the position at the offered wage. In other words, the employer must prove that the offered wage meets the “prevailing wage” for that occupation in the location where the job will be performed.

This prevailing wage is a benchmark that reflects what American workers earn in similar roles. Therefore, although the expression “paying the same as an American” may simplify the reality, what is truly required is that the employer offers compensation that complies with the standards established by the Department of Labor.

This means that the salary must be compatible with market practices for professionals in the same role and region, ensuring that the hiring does not harm the working conditions of current American workers. It is always very important to follow immigration laws and the Department of Labor’s guidelines to avoid future problems.

If you are considering this process, seeking updated information from official sources or support from companies specialized in immigration can be a good practice – always being cautious of offers that promise guaranteed results or miracle solutions. The legal path requires attention to detail and compliance with the country’s rules.

I hope I have clarified your doubt in a simple and friendly way!

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.