🇺🇸 Many EB3 Applications Rejected Due to Choosing the Wrong Sponsoring Companies
May 7, 2026
Amid the surge of interest in the EB3 employment-based immigration category, immigration lawyers in the U.S. are continuously warning that many workers are choosing illegitimate sponsoring companies, leading to application rejections or years of delays.
According to regulations from the U.S. Department of Labor (DOL) and U.S. Citizenship and Immigration Services (USCIS), a business sponsoring foreign workers must be an active company with genuine hiring needs and the legal eligibility to participate in labor sponsorship programs.
In the EB3 category, the U.S. business plays a crucial role as the entity that applies for PERM labor certification and files the I-140 petition for the foreign worker.
Experts state that to be permitted to hire foreign workers under the EB3 category, a U.S. company must typically meet several conditions such as:
• Operating legally in the U.S.
• Having clear business records and a Tax ID (EIN)
• Having actual job openings
• Proving the ability to pay the prevailing wage as required
• Complying with the U.S. worker recruitment process before hiring foreign workers
Under U.S. labor law, businesses must prove they could not find enough qualified U.S. workers for the position. Therefore, the company must conduct a recruitment process, maintain recruitment records, and demonstrate a transparent hiring process before applying for PERM.
Immigration lawyers also warn workers to be particularly cautious of risk factors such as:
• “Shell” companies with no real operations
• Non-existent physical offices
• Unclear job descriptions
• Promises of “guaranteed approval,” “fast-tracking,” or “skipping the process”
• Unusual fees without transparent documentation
Applications linked to illegitimate sponsoring companies may face:
• Rejection of PERM or I-140 petitions
• Fraud investigations
• Negative impacts on future U.S. immigration prospects
Experts recommend that EB3 applicants request to see business licenses and recruitment information, and thoroughly research the actual work environment before signing contracts or making payments.
With the number of EB3 applications rising sharply in recent years, the transparency of the sponsoring company is considered a factor that directly impacts the safety of the entire immigration journey.
