A new U.S. company can potentially sponsor a worker for an EB-3 green card. The company’s age is not the central test. The case must establish a genuine permanent job, compliance with the applicable labor certification process, the worker’s qualifications, and the employer’s ability to pay the offered wage. A promising business plan alone does not establish all of these elements.
Start with the job, not the worker’s résumé
EB-3 includes skilled workers, professionals, and other workers. For the skilled-worker classification, the offered position must require at least two years of relevant training or experience, and the worker must meet the certified requirements. Having two years of experience does not automatically turn a position requiring less experience into a skilled-worker job. The governing framework appears in 8 CFR 204.5(l).
For an online sales position, the employer should identify what the employee will actually do: manage product listings, maintain inventory records, analyze marketplace sales, coordinate fulfillment, or handle other defined duties. The title “internet sales specialist” does not establish the occupational classification or justify a particular experience requirement by itself.
Can experience come from a different company?
Yes. Relevant experience with a prior employer can support the worker’s qualifications. The duties, dates, and training must match the actual requirements of the offered position. Counsel should confirm that the required qualifications existed by the applicable priority date; for a typical PERM-based case, this is the date the labor certification application was accepted for processing.
The employer’s requirements must reflect its real minimum needs. They cannot simply be written around one preferred applicant. 20 CFR 656.17 also contains special rules for experience gained with the sponsoring employer and for jobs that combine occupations.
What if the worker has no pay stubs?
The regulations call for employer or trainer letters describing qualifying experience. A useful letter identifies the company, the writer’s name and position, employment dates, duties, and hours or schedule. It should explain how the writer knows the worker’s history and provide reliable contact information.
When the usual evidence is unavailable, other documentation may be considered under 8 CFR 204.5(g)(1). Depending on the facts, useful supporting records may include contracts, payroll or bank records, contemporaneous work emails, sales-platform records, and statements from people with direct knowledge. Explain why ordinary records are missing. Alternative evidence is not an automatic substitute for a credible, consistent employment history.
There is no universal amount that a worker must report on a tax return to prove two years of full-time experience. Tax documents must accurately reflect the underlying facts. Amending a return does not, by itself, establish duties, hours, or the duration of employment. U.S. employment authorization and adjustment eligibility require a separate review.
Why revenue is different from ability to pay
The sponsor must demonstrate ability to pay the offered wage from the priority date and continuing until permanent residence. The initial evidence generally consists of federal tax returns, annual reports, or audited financial statements, with additional evidence considered as appropriate. See USCIS’s ability-to-pay guidance and 8 CFR 204.5(g)(2).
Gross sales, money moving through an account, or an owner’s personal wealth does not automatically establish the company’s ability to pay. A new business should organize its actual capitalization, financial statements, wage obligations, staffing, and operating records before committing to sponsorship.
What should you bring to an EB-3 consultation?
- The proposed job description, work location, schedule, and genuine minimum requirements.
- The sponsor’s formation documents and available financial records.
- The worker’s experience letters and supporting records.
- The worker’s complete immigration and U.S. employment history.
The review should separate three questions: whether the business can sponsor the job, whether the worker qualifies, and whether the worker can complete permanent residence through adjustment of status or consular processing.
For help evaluating a proposed case, review our EB-3 immigration services or schedule a consultation with the Law Office of Ghenadie Rusu, PLLC.
Sources checked October 22, 2026. General legal information; outcomes depend on the individual facts and applicable law.