Verifying the EB-3 employer is the most important self-protection step, since a fake employer is the biggest risk in this category. A nonexistent employer could cost you both money and years of your life. This article guides you through the vetting steps to assess whether an employer is trustworthy.
This is a core skill. Someone who knows how to verify will avoid most fraudulent opportunities from the outset.
Verifying the EB-3 employer through basic information
The first step is to request and check basic information about the employer: full company name, field of business, address, and the specific job position. A genuine employer will have this information clearly available.
Theo U.S. Citizenship and Immigration Services (USCIS), a case is based on a real job at a real company. Therefore, if a party avoids providing basic information about the employer, that is the first warning sign to note.
Checking for real business operations
After the basic information, you should look into whether the company has real business operations. A genuine business usually leaves traces of activity: a location, products or services, and a public presence.
Theo U.S. Department of Labor (DOL), a genuine employer must pass the labor certification step, which requires real operations and a real hiring need. A party without real business operations will struggle at this step. Therefore, an employer’s willingness to properly go through this process is a positive sign.
Assessing the ability to pay
One factor to verify is the employer’s ability to pay. As noted, the employer must demonstrate sufficient capacity to pay the committed wage when the petition is processed.
This means a genuine employer must be a business with financial capacity appropriate to the sponsored position. If an opportunity comes from a party showing signs of insufficient capacity, or avoids questions about its scale, you should be cautious. Ability to pay is a practical indicator of stability.
Using multiple sources to verify
To verify effectively, you should use multiple sources of information rather than trusting one party’s word alone. This includes public information about the business and independent opinions from experts.
Cross-checking helps uncover any contradictions. A genuine opportunity is usually consistent when checked against multiple sources. Conversely, contradictory or unverifiable information is a worrying sign. Being careful at this stage takes a bit of time but helps avoid major losses later.
Summary
Verifying the EB-3 employer includes checking basic information, confirming real business operations, assessing ability to pay, and cross-checking from multiple sources. A genuine employer is consistent and transparent when checked across sources. You should be cautious of any party that avoids providing information or has contradictory information.
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References
- U.S. Department of Labor (DOL), PERM – https://flag.dol.gov/programs/perm
- U.S. Citizenship and Immigration Services (USCIS) – https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-third-preference-eb-3
Read more: Overview of the EB-3 visa for US immigration · How to Find a Reputable EB-3 Employer and Avoid Fraudulent Ones
