Where does the company need to advertise the job opening?

The EB-3 visa requires the employer to prove that there are no qualified or available American workers for the position, and an important step in this process is the job advertising for employment certification. This involves conducting a recruitment campaign that demonstrates the local labor market has been properly examined.

In the context of the PERM process (Program Electronic Review Management) – which is the initial step for employment-based visas such as the EB-3 – the company needs to advertise the job opening in a way that it is accessible to the public in the area where the work will be performed. Generally, this includes:
• Posting the job offer in at least two ads in local print newspapers (usually Sunday editions) that meet the United States Department of Labor’s requirements.
• Issuing an announcement or placing the job opening on official forms and portals, such as the State Workforce Agency’s job bank, where the listing must remain available for a set period, typically 30 consecutive days.

These steps aim to demonstrate that the company invested effort to find qualified candidates among local workers, and that the foreign worker to be hired is not replacing someone who could be recruited in the American market. It is essential to highlight the importance of strictly complying with the U.S. Department of Labor’s requirements and maintaining all documentation related to the recruitment campaign.

The rules can be detailed and specific, varying according to the job location and the nature of the position, so it is advisable to seek guidance from professionals specialized in immigration and, if possible, consultancies familiar with DOL procedures. Following immigration laws and official guidelines is crucial not only for process transparency but also to avoid future complications and to prevent falling into traps, scams, or marketing campaigns that promise results without legal backing.

Always seek information directly from official sources or trusted professionals who can properly guide the entire process without guaranteeing results or promising approvals. This careful approach aligned with the requirements can favor a more consistent process and help demonstrate the employer’s legality and responsibility at every step of the 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.