Does the EB-3 require an exclusivity contract?

When addressing the EB-3 visa procedures, it is important to understand that this process is strongly linked to a permanent job offer in the United States and to proving that there are no available American workers for the position. The general idea is to ensure that the candidate contributes to the American economy in a consistent and qualified manner, whether as a skilled worker, professional, or unskilled worker.

However, regarding the exclusivity contract, the EB-3 does not require the candidate to sign a contract that strictly limits their relationship to only one employer throughout the immigration process or even after obtaining the green card. The focus is on the job offer and that the employer meets the requirements of the United States Department of Labor, such as obtaining the PERM (Labor Certification Process).

This means that, although the candidate must have a formal contract or job offer, there is generally no requirement that the contract legally stipulate exclusivity for immigration purposes. Nevertheless, it is essential to carefully read any contractual documents before signing them, as terms vary from company to company. Some offers may include loyalty or exclusivity clauses aimed at protecting the company’s interests, especially in long-term contexts.

For this reason, it is recommended that interested parties seek specialized guidance, always following the United States immigration laws and regulations, as well as avoiding marketing traps that promise quick or guaranteed solutions. Finally, staying well informed and resorting to reliable sources, whether by consulting professionals or official materials, is essential for a safe and transparent immigration process. Remember: each case is unique, and understanding the details can make a difference in conducting your EB-3 process.

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.