Genuine permanent job
Full-time, nonseasonal work with accurate duties, requirements, location, and business need.
No hidden handoffs
Everybody has a job in this process. Nobody gets to pretend otherwise.
The employer owns the genuine job and employment decisions. EB3WFS coordinates the workforce process. Licensed immigration professionals handle legal work. Government agencies decide the case. The worker must be truthful and prepared.
Responsibility matrix
Clear boundaries are a feature—not a weakness.
| Party | Owns | Does not control |
|---|---|---|
| Employer | Job facts, worksite, wage, recruitment decisions, financial evidence, HR policies, onboarding, and employment | Government processing or visa availability |
| EB3WFS | Employer development, workforce planning, candidate sourcing and screening, coordination, document readiness, and communication | Legal advice, adjudication, visa issuance, or retention guarantees |
| Immigration professionals | Legal analysis, filings, representation, recruitment instructions, and case-specific compliance advice | Employer business decisions or government outcomes |
| Worker | Accurate disclosures, documents, individual steps, relocation preparation, and genuine intent to accept the job | Employer approval or government adjudication |
| Government | Prevailing wage, labor certification, petition adjudication, visa availability, interviews, and issuance | The private parties’ operational promises |
The employer’s nondelegable facts
The paperwork can be coordinated. The truth cannot be outsourced.
The employer must understand and stand behind the job, recruitment, wage, financial capacity, and ongoing business facts submitted in its name.
Good-faith U.S. recruitment
Qualified, available U.S. applicants must be considered lawfully and the results documented honestly.
Prevailing wage readiness
The offered wage must meet the applicable DOL wage requirement and be paid when legally required.
Ability to pay
The employer must support its continuing ability to pay each offered wage as required for the immigrant petition.
Material changes
Ownership, FEIN, worksite, duties, wage, layoffs, financial health, and structure changes require prompt review.
Fee reality
The employer cannot make PERM costs disappear by moving them onto the worker.
DOL guidance states that the employer is responsible for filing the permanent labor certification and restricts employers from receiving payment from the worker for activity related to obtaining that certification. This includes recruitment and employer-side legal services connected to PERM.
No wage deductions
Do not recover prohibited costs through payroll, benefits, or reduced compensation.
No side deposits
Do not relabel prohibited reimbursement as a deposit, commitment fee, or guarantee.
No informal workaround
Every fee flow should be written, traceable, and reviewed before implementation.
What EB3WFS actually does
We build and coordinate the workforce side. We do not blur it into a law practice.
Identify and prepare the workforce opportunity
Role intake, demand forecasting, worksite realities, cohort planning, and internal stakeholder readiness.
Source, screen, and prepare applicants
Applicant communication, basic suitability screening, document readiness, expectations, and process coordination.
Keep the moving parties aligned
Milestones, status communication, employer inputs, applicant inputs, and handoffs with licensed immigration professionals.
Prepare for employment, not just immigration
Job expectations, arrival logistics, onboarding inputs, and workplace transition planning.
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