Short answerUsually not. You choose among the positions employers currently have open. Here is why.
1. The employer sponsors one specific position
EB-3 is not a “go to the US, then find a job” visa. A specific US employer sponsors a specific position (for example, Crew Member) at a specific worksite, at a wage determined by the US Department of Labor. Your case is tied to that position.
2. PERM is filed by the employer – and the employer pays the costs
The first step is PERM (labor certification): the employer must show the US Department of Labor that it advertised the job as required but did not find enough US workers available for that position.
Under 20 CFR 656.12, the costs of preparing, filing and obtaining the labor certification – including the employer's attorney fees for this part – are paid by the employer. The worker may not pay them on the employer's behalf, and may not sign an agreement to reimburse the employer for them. Because it takes money and effort, employers only do PERM when they truly need workers for that position.
3. That is why you choose among open positions
You cannot “bring” a new employer into your case yourself. What you can choose is which position, in which city, from the list of employers that currently need workers.
💡 General example: a restaurant in North Carolina needs 10 Crew Members and files PERM for that position. Participants choose this position – they do not pick a different restaurant and ask it to sponsor them.
4. What if you change employers midway?
Usually you must start over from PERM with the new employer. There is a narrow exception for people already in the US who have filed an I-485 (adjustment of status) that has been pending for 180 days or more: they may move to the same or a similar job under the “portability” rule (INA 204(j), filed with Supplement J). People processing from Vietnam (consular processing) usually do not fall under this exception. For a specific case, ask an immigration attorney.
Before choosing a position, ask
- What is the employer's (sponsor's) name and the worksite location?
- Has PERM been filed? The filing date and case number – so you can check it yourself on flag.dol.gov.
- What hourly wage and hours/week are stated in the filing?
- What does the fee you pay cover, and how is it written in the contract? (What do EB-3 fees include?)
Sources: 20 CFR 656.12 (eCFR) · DOL – Permanent Labor Certification · USCIS Policy Manual – Job Portability (AC21) · USCIS – I-485 Supplement J.
📌 General information, not legal advice for any specific case. Independent information & referral page.