Blog Post
Obstacles Employers Face in Sponsorship
5/26/2025
Sponsoring an EB-3 Visa applicant requires U.S. employers to navigate several legal and procedural hurdles. Employers must meet specific requirements to petition for a foreign worker successfully. Failing to comply with these standards often leads to unfavorable decisions from U.S. Citizenship and Immigration Services (USCIS).
Recruitment Requirements
Employers must demonstrate they’ve exhausted efforts to find a qualified U.S. worker before hiring a foreign applicant under the EB-3 Visa. This involves a rigorous recruitment process, including advertising the position through State Wage Agencies (SWA) for 30 days.
Employers must follow a structured plan, posting ads in newspapers, job boards, and sometimes specialized publications. They must document these efforts thoroughly to satisfy the DOL’s requirements. A lack of detailed documentation can result in a denied application, forcing employers to restart the recruitment process.
Compliance With Labor Laws
U.S. labor laws impose strict regulations on wages, working conditions, and job classifications. Employers sponsoring foreign workers must comply with these standards, including paying the determined prevailing wage and proving that the offered job is legitimate and full-time.
Non-compliance, whether intentional or accidental, can lead to serious consequences such as fines or Visa petition rejections. The sponsoring employers must maintain precise recruitment records, wages, and employment terms to avoid pitfalls.
Costs & Time Investment
The EB-3 Visa process can be costly and time-consuming for employers. Recruitment expenses, legal fees, and filing charges accumulate quickly, particularly for small enterprises. Additionally, the process can take months or even years, depending on Visa number backlogs.
Employers must manage these timelines carefully, as delays in filing or responding to government requests can extend the process further. Proper financial planning and time management are essential to keep the sponsorship on track and prevent operational disruptions.
The EB-3 Visa process is a two-way street. While employers must deal with logistical and legal challenges, applicants have their own hurdles to overcome.
5718 University Heights Blvd #104,
San Antonio, TX 78249