Is an additional labor market test required?

The EB-3 visa involves a series of requirements that the employer must fulfill to demonstrate that there are no qualified American workers available for the offered position. This process is carried out through labor certification (PERM), which in itself serves as a labor market test, where the employer needs to advertise and recruit professionals in an attempt to find local candidates. Therefore, there is no additional ‘labor market test’ beyond that required in the PERM process for the EB-3.

PERM certification is precisely the mechanism that assesses the availability of local labor and ensures that hiring the foreign worker does not harm American workers. Thus, the labor market test required is already embedded in this procedure and there is no requirement for an extra step related to this aspect.

It is important to emphasize that complying with all procedures established by United States immigration laws is fundamental. Following the rules strictly and seeking information from official sources or reliable experts is always advisable to avoid misunderstandings, scams, and unfounded promises. In this way, both employers and candidates become better prepared to follow the necessary steps for a safe and lawful immigration 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.