EB-3 Sponsorship for Long-Term Hiring Needs
For positions that remain difficult to fill, EB-3 may offer another recruitment option for your business or the clients you serve.
WINBI helps you explore sponsorship for permanent, full-time roles, source and screen potential international candidates, and coordinate recruitment with immigration counsel. The sponsoring employer makes the hiring decisions, while counsel evaluates eligibility and handles the legal filings.
UNDERSTANDING EB-3
What Is EB-3?
EB-3 is a U.S. employment-based immigration category that allows qualifying foreign workers to pursue permanent residence through sponsorship by a U.S. employer.
The process begins with a genuine offer of permanent, full-time employment. The position’s requirements and the candidate’s qualifications help determine which of the three EB-3 categories may apply.
Skilled Workers
Positions requiring at least two years of training or work experience. Candidates must meet the job’s requirements.
Professionals
Positions requiring at least a U.S. bachelor’s degree or its foreign equivalent. Candidates must hold the required degree and meet the position’s other qualifications.
Other Workers
Positions requiring less than two years of training or experience. The work must not be temporary or seasonal, and candidates must meet the job’s requirements.
Immigration counsel assesses eligibility and advises on the appropriate category for the proposed sponsorship.
EVALUATING THE FIT
Could EB-3 Fit Your Hiring Needs?
When a business repeatedly struggles to fill roles it needs year-round, EB-3 may be worth exploring alongside its existing recruitment channels. The starting point is the position itself and the employer’s plans for it.
Whether you are reviewing your own hiring needs or those of a client, four questions can help guide the discussion.
Is the Position a Long-Term Need?
Consider whether the role supports ongoing operations and is expected to continue beyond a busy season or short project. EB-3 sponsorship requires a genuine permanent, full-time job opportunity.
Have Recruitment Challenges Continued Over Time?
A position that stays open or repeatedly returns to the hiring list may point to a continuing workforce need. International recruitment can broaden the candidate search, while applicable U.S. recruitment requirements still need to be met.
Can the Hiring Plan Account for the Process?
Consider how a future hire would fit into the business’s longer-term staffing plan. Recruitment, immigration processing, and visa availability affect timing, so immediate coverage needs should be planned for separately.
Is the Employer Prepared to Participate in Sponsorship?
The employer needs to provide business and job information, participate in required recruitment, and meet applicable wage, financial, and cost obligations. Immigration counsel explains these responsibilities so the business can make an informed decision.
These questions provide a starting point for discussion. Immigration counsel assesses the proposed sponsorship based on the employer’s circumstances, the position’s requirements, and the candidate’s qualifications.
HOW THE EB-3 PROCESS WORKS
From a Defined Position to Employment
An EB-3 hiring plan involves several stages, from reviewing the position to completing the applicable recruitment and immigration procedures. The outline below explains the main steps and where the employer participates.
POSITION & SPONSORSHIP REVIEW
Define the Job and Review the Proposed Sponsorship
The sponsoring employer confirms the job duties, minimum requirements, work location, offered wage, and number of openings. Immigration counsel reviews the proposed sponsorship, including the employer’s circumstances and the candidate’s qualifications, to assess the appropriate path forward.
PREVAILING WAGE & U.S. RECRUITMENT
Establish the Wage and Complete Required Recruitment
For cases requiring PERM labor certification, the employer obtains a prevailing wage determination from the U.S. Department of Labor and completes the required U.S. recruitment and notice procedures with guidance from immigration counsel.
The employer must consider U.S. applicants under the applicable rules and document the recruitment results.
PERM & IMMIGRANT PETITION
Submit the Applications for Government Review
Where PERM labor certification is required, the employer submits an application to the Department of Labor, typically prepared with immigration counsel.
Following certification, the employer files Form I-140 with USCIS. The petition includes evidence of the candidate’s qualifications and the employer’s ability to pay the offered wage.
VISA AVAILABILITY & IMMIGRATION PROCESSING
Follow the Immigration Path Available to the Candidate
The next steps depend on visa availability and the candidate’s circumstances. A candidate abroad generally proceeds through consular processing, while an eligible candidate in the United States may pursue adjustment of status.
Immigration counsel advises on the requirements and when the applicable steps can proceed.
PREPARATION FOR EMPLOYMENT
Coordinate the Transition to the Workplace
As the candidate prepares to begin employment, WINBI helps coordinate communication between the employer and the candidate regarding arrival plans, expected start dates, and workplace preparations, as applicable.
The employer completes the required employment eligibility verification and onboarding procedures and prepares the employee for the role.
Each stage has its own requirements. Government processing, visa availability, and individual circumstances affect the overall timeline, so any anticipated start date should be treated as a planning estimate.
WORKING WITH WINBI
How WINBI Supports the Process
Finding candidates is only part of an EB-3 hiring plan. Recruitment decisions, information requests, and immigration steps also need coordination. WINBI works with employers and staffing agencies to connect these activities with immigration counsel and keep each party informed about what comes next.
Start With the Requirements of the Job
The employer’s job requirements guide our search for potential international candidates. Screening includes a review of their stated qualifications, relevant experience, and interest in the position. We also discuss the duties, pay, schedule, and work location so candidates understand the opportunity before moving forward.
INTERVIEWS & HIRING DECISIONS
The Employer Makes the Hiring Decision
The sponsoring employer reviews candidate information, assesses suitability, and decides whom to hire. Our team helps arrange interviews and follows up on questions. For staffing agency partnerships, points of contact and communication with the employer follow the arrangements agreed upon with the agency.
Keep Recruitment and Immigration Steps Connected
WINBI organizes recruitment information and follows up on requests among the employer, candidate, and immigration counsel. Counsel assesses the proposed sponsorship, advises on applicable recruitment and immigration requirements, and handles legal filings within the scope of its representation. Legal questions are addressed by counsel.
PROGRESS UPDATES & FOLLOW-THROUGH
Know Where Things Stand and What Needs Attention
Outstanding information, documents, and recruitment tasks receive follow-up from our team. We share relevant progress updates and identify actions needed from the employer or staffing agency. As employment approaches, we also help coordinate communication about arrival plans and workplace preparations, as applicable.
Questions About EB-3 Sponsorship
EB-3 may apply to a range of permanent, full-time positions, from roles requiring limited experience to those requiring specific training or a degree. Eligibility depends on the job’s actual requirements, the candidate’s qualifications, and applicable immigration rules. The position must not be temporary or seasonal.
For positions requiring PERM labor certification, the employer must complete the applicable U.S. recruitment process and consider U.S. applicants under Department of Labor requirements. International recruitment does not replace these obligations. Immigration counsel guides the employer through the required procedures.
Sponsorship involves providing business and job information, participating in required recruitment, and meeting applicable wage and financial requirements. The employer must also pay the expenses assigned to it by law, including applicable PERM recruitment costs and the employer’s legal fees related to labor certification. Other costs depend on the case, agreed services, and applicable legal requirements. These responsibilities should be clarified before proceeding.
There is no single timeline that applies to every case. Recruitment requirements, government processing, visa availability, and the candidate’s circumstances can affect when employment may begin. EB-3 should be considered as part of longer-term workforce planning, with immediate staffing needs addressed separately. An anticipated start date remains a planning estimate.
EB-3 sponsorship alone does not authorize a candidate to work in the United States while the case is pending. Employment may begin only when the candidate has appropriate work authorization. The employer must also complete applicable employment eligibility verification requirements. Immigration counsel can explain how these requirements apply to the candidate’s circumstances.
Let WINBI know as early as possible if job duties, work locations, the number of openings, or other hiring plans change. WINBI helps gather updated information and coordinates with immigration counsel, who assesses the potential effect on recruitment and the immigration case and advises on available next steps. What can be changed depends on the circumstances and the stage of the process.
Explore EB-3 for Your Hiring Plans
Tell us about the positions your business or your clients need to fill. We can discuss whether EB-3 is worth exploring, how WINBI can support recruitment, and what information is needed for an initial review.