EB-3 sponsorship gives small businesses the opportunity to fill vital positions that U.S. workers are unable or unwilling to take.
Before moving forward, employers must complete the PERM labor certification, which involves proving the prevailing wage, conducting required job advertisements, and meeting other Department of Labor (DOL) standards.
While small businesses can technically sponsor employees under various employment-based visa categories (EB-1 through EB-4), EB-3 sponsorship is often the most practical and accessible route for most employers.
If you’re a small business owner struggling to fill certain roles or if you have a foreign employee you’d like to retain permanently, the EB-3 process may be the right solution. The immigration attorneys at Green Card Link can guide you through each step of the process and ensure your application meets all federal requirements.
Can a Small Business Sponsor an Employee for a Green Card?
Yes. A small business can sponsor a green card for a current or prospective foreign worker. However, both the U.S. Department of Labor (DOL) and the U.S. Citizenship and Immigration Services (USCIS) impose strict eligibility and documentation requirements. Meeting these standards is crucial for a successful sponsorship.
Step-by-Step Guide to EB-3 Sponsorship for Small Businesses
1. PERM Labor Certification
The PERM labor certification is the foundation of any EB-3 green card petition. It involves multiple stages, including prevailing wage determination, recruitment efforts, and final certification. Only after receiving this certification can your business file an EB-3 immigrant petition.
Prevailing Wage Determination
The process begins by submitting Form ETA 9141 through the DOL’s FLAG system. This step establishes the minimum wage for the job based on location and job requirements, as determined by the National Prevailing Wage Center (NPWC).
Recruitment Phase
Once the wage determination is approved, employers must advertise the job to prove there are no qualified, willing, and available U.S. workers for the position. The DOL mandates several recruitment efforts, including:
- Posting a 30-day job order with the State Workforce Agency (SWA) where the job is located.
- Placing two Sunday newspaper advertisements in a publication of general circulation.
- Displaying a Notice of Filing (NOF) at the job site for at least 10 business days.
For professional occupations, employers must complete three additional recruitment steps, such as posting the position on their website, professional job boards, university career centers, or trade journals.
Filing ETA 9089
If no qualified U.S. workers are found, the employer may file Form ETA 9089 to complete the PERM process. Approval typically takes around 16 months, though audits can extend the timeline. Once approved, the employer can move to the next step — filing the I-140 petition.
2. I-140 Immigrant Petition for Alien Worker
After obtaining PERM certification, the employer must file Form I-140 with USCIS. This petition confirms both the employee’s qualifications and the employer’s ability to pay the prevailing wage.
Your petition must include documentation such as:
- The company’s profit and loss statements
- Balance sheets and tax records
- Proof of the employee’s education, skills, and experience
Because this form requires precise evidence and legal expertise, it’s recommended that you work with an immigration attorney at Green Card Link to ensure compliance and accuracy. The I-140 must be filed within six months of PERM approval and generally takes four to six months to process.
Types of Employment-Based Green Cards Available to Small Businesses
Depending on your employee’s background, you may be eligible to file under one of four main employment-based immigrant visa categories:
EB-1: Priority Workers
Reserved for individuals with extraordinary ability, outstanding professors and researchers, or multinational executives and managers.
PERM certification is not required, making it faster to process. However, the qualifications are very high, which can make it challenging for small businesses to qualify. Consulting with immigration attorneys at Green Card Link can help determine whether your business or employee meets the EB-1 criteria.
EB-2: Professionals with Advanced Degrees or Exceptional Ability
This category is for individuals who hold advanced degrees or have exceptional ability in their field.
PERM certification is typically required, though it can be waived through a National Interest Waiver (NIW) if it can be shown that the waiver benefits the United States.
For small business owners seeking to sponsor themselves, the NIW route can be particularly advantageous if their work contributes significantly to U.S. innovation, public welfare, or economic growth.
EB-3: Skilled, Professional, and Other Workers
The EB-3 visa is the most common pathway for small businesses. It covers:
- Skilled workers (with at least two years of experience)
- Professionals (with a bachelor’s degree or equivalent)
- Other workers (unskilled but performing non-seasonal labor)
This category is accessible because its qualification thresholds are lower than those of EB-1 or EB-2. Many small businesses rely on the EB-3 process to retain essential workers for long-term employment.
EB-4: Special Immigrants
The EB-4 visa applies to specific groups such as:
- Religious workers
- Special immigrant juveniles
- Certain physicians
- NATO-6 or G-4 organization employees
- U.S. government employees abroad
- Armed forces members
- Iraqi and Afghan translators and allies
Unlike EB-1 through EB-3, the EB-4 category does not require PERM labor certification. Employers instead file Form I-360 to initiate the process.
Eligibility Requirements for Employees Sponsored by Small Businesses
Each employment-based green card category comes with its own set of eligibility criteria. Before starting the application process, it is crucial for employers to thoroughly evaluate whether the employee’s qualifications align with the requirements of the open position.
As a sponsoring employer, you must also meet specific conditions for each visa category. Filing for a visa type that neither you nor the employee qualify for can result in wasted time, additional expenses, and a likely denial from U.S. Citizenship and Immigration Services (USCIS). Immigration officials closely review every petition, so accuracy and compliance are key to success.
Key Insights for Small Businesses Sponsoring Employment-Based Visas
The visa category you choose will determine the process, timeline, and eligibility requirements. Consulting with an immigration attorney at Green Card Link before proceeding is highly recommended, especially for small businesses. Compared to large corporations, smaller companies often face more stringent scrutiny to prove their ability to sponsor foreign employees for permanent residency.
Employment-based green card petitions usually require multiple steps for both the employer and the foreign worker. As a small business owner, you may need to provide additional documentation and evidence to demonstrate to both the Department of Labor (DOL) and USCIS that your company is capable of sponsoring an employee’s green card.
How to Prove Ability to Pay Wages for EB-3 Sponsorship
Even small businesses can qualify for green card sponsorship if they can show sufficient financial ability. You can prove your company’s capacity to pay the offered wage by providing:
- Complete copies of annual reports
- Audited financial statements
- Corporate or individual federal income tax returns
If the employee is already working for your company, you should also include supporting evidence such as:
- Payroll records and proof of wages paid
- The employee’s W-2 and 1099-MISC forms
- Pay stubs and wage statements
- Employer’s Quarterly Federal Tax Returns (Form 941)
- State unemployment compensation reports
- Profit and loss statements
- Business bank account records
- Personnel records
For sole proprietors or individual employers, USCIS requires even more detailed financial documentation. In addition to business records, you must demonstrate your ability to meet ongoing personal and household expenses. Acceptable evidence may include:
- Rent or mortgage payments
- Food and household expenses
- Car loans and insurance premiums
- Utility bills and credit card payments
- Student loans and school fees
- Childcare or domestic staff wages
- Any other recurring monthly costs
A detailed statement outlining your monthly household expenses and personal liquid assets can strengthen your case.
What to Do if Your EB-3 Visa Sponsorship Application Is Denied
A visa denial can happen to any employer, regardless of size. Even well-established corporations sometimes face challenges with employment-based petitions.
If USCIS or the DOL determines that your company or the sponsored employee does not meet the required standards, your petition may be rejected. To avoid this, make sure all documentation is accurate and complete from the very beginning.
If your petition has been denied, contact the immigration attorneys at Green Card Link for personalized guidance on your options. They can help you identify the issues behind the denial and prepare a stronger re-submission or appeal.
Navigating EB-3 Sponsorship as a Small Business
EB-3 sponsorship is not limited to large corporations. In fact, small businesses across industries such as healthcare, hospitality, and skilled trades often turn to international recruitment to address labor shortages. Hiring foreign professionals under the EB-3 category can help small businesses fill critical workforce gaps and remain competitive in the U.S. market.
The process typically begins with PERM Labor Certification, a DOL-approved procedure ensuring that hiring a foreign worker does not negatively affect U.S. labor conditions. After PERM approval, the employer files Form I-140 (Immigrant Petition for Alien Worker), demonstrating financial ability to pay the offered wage through tax returns, annual reports, and other documentation.
Premium processing is available for faster USCIS review of the I-140 petition.
Frequently Asked Questions
Can a restaurant sponsor a green card?
Yes, restaurants can sponsor foreign workers under specific visa categories. For example, internationally recognized chefs with extraordinary ability may qualify under the O-1B visa. Alternatively, restaurants can use the J-1 culinary training program or the H-2B visa for seasonal or hospitality workers, though these require labor certification.
Can you get a green card by opening a business?
Yes. The EB-5 Immigrant Investor Program allows entrepreneurs to obtain a green card by investing at least $1,050,000 (or a reduced amount in targeted employment areas) in a U.S. business. After filing Form I-526, successful investors may apply for adjustment of status or an immigrant visa and later remove conditions through Form I-829.
Can a company sponsor a green card?
Yes, U.S. companies can sponsor employees for green cards through several employment-based categories. Review your options and consult immigration attorneys at Green Card Link to determine the best pathway.
What is the purpose of the petition for my employee?
The employment-based petition demonstrates that you intend to hire a specific foreign worker and that both the employer and employee meet eligibility requirements. It also establishes a priority date, which secures the applicant’s place in line for visa processing.
Can my relative sponsor me through their U.S. business?
While it may seem appealing, this situation can be complex and risky. If there is a familial relationship between the business owner and the sponsored employee, the Department of Labor may investigate whether the relationship improperly influenced the hiring decision. Be transparent when completing Form ETA-9089 and consult an immigration attorney at Green Card Link to avoid potential penalties or fraud allegations.
How Green Card Link Can Help
At Green Card Link, its immigration attorneys have extensive experience assisting small business owners with employment-based green card petitions. Whether you are sponsoring your first foreign employee or appealing a denied petition, the team provides end-to-end support to ensure your case is fully compliant and strategically positioned for approval.
If you are ready to sponsor an employee—or need help after a denial—contact Green Card Link today to get started with a trusted immigration attorney.