Does the employer need to prove they tried to hire an American?

To explain simply: yes, the employer in processes involving the EB-3 visa needs to demonstrate that before hiring a foreign worker, they made efforts to recruit an American candidate who met the job requirements.

In the context of labor certification (known as PERM), the employer must follow a set of procedures defined by the United States Department of Labor. These procedures include job advertisements in newspapers and other platforms, as well as postings on employment websites, aiming to seek qualified candidates who are U.S. citizens or permanent residents.

Only after confirming that no qualified American candidates applied can the company justify hiring the worker under the EB-3 visa, demonstrating that complying with labor requirements and hiring regulations is paramount to protecting the local labor market.

It is essential that all steps of this process are carried out rigorously to comply with immigration laws and Department of Labor rules. It is worth remembering that besides complying with legislation, transparency in recruitment helps prevent fraud and raise suspicions about the genuine need to hire a foreign worker, which could jeopardize the application review.

Therefore, when involved in any immigration process, it is always important to seek information from official sources and rely on support from specialized professionals in the area, always noting that miracle approval promises are common in scams and marketing campaigns.

Staying well informed and acting cautiously contributes to fulfilling all steps according to the law, ensuring a safer and more transparent 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.