An E-3 Visa Lawyer Can Help

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At Australian Nationals Immigration Consular Service (ANICS), we assist Australian nationals seeking E-3 visas at US consulates overseas. This visa classification is open to college graduates with experience in specialized occupations who have received an offer of employment from an US employer.

When an individual changes jobs, their visa can be extended or modified as long as their new employer meets all requirements and there is no lapse between employers of more than 10 days.

What is an E-3 visa?

The E-3 visa is an Australian citizen employment-based nonimmigrant visa available to workers who possess at least a bachelor-level degree or its equivalent in order to work in specific specialty occupations that meet specific criteria. Experience may also be taken into consideration. A private immigration attorney can help determine if your qualifications match these criteria and may assist you with getting this visa approved.

As opposed to an H-1B visa, E-3 visa applications can be submitted at US consulates located outside the US for expedited processing, potentially saving both time and money compared to petitioning USCIS for pre-approval. It should be noted, however, that consular processing requires leaving the United States altogether and paying international airfare costs in order to take place.

Employers in the US who want to sponsor Australian employees on E-3 visas will need to file a Labor Condition Application (LCA) with the Department of Labor. Once it’s approved, employees can collect all the documents needed and schedule an appointment at one of several US consulates across the country – usually 4-8 months depending on each individual case.

How long does it take to get an E-3 visa?

The E-3 visa offers Australian professionals an easier immigration process; however, to initiate and avoid delays candidates must still collect several essential documents: LCA copy, ETA 9035 form and academic credentials from an employer who will also submit a job letter with details about their position (such as expected salary).

E-3 visa applicants do not need to submit any petition with USCIS in order to be considered for an interview at either a US Consulate or Embassy; thus making the process faster, easier, and less costly.

Consular officers will evaluate an E-3 visa applicant’s qualifications and work experience to make sure they are a good match for their role, such as checking whether it requires specialization and requires a bachelor’s degree. Furthermore, consular officers assess whether salaries match industry and region norms; otherwise they won’t approve it. Moreover, consular officers may question an E-3 holder’s ability to support themselves and their family financially within the US.

Can I be self-employed on an E-3 visa?

E-3 visas enable individuals to work temporarily as specialty occupation workers in the US for up to two years at a time, renewable in two-year increments indefinitely. Furthermore, these visas permit holders’ spouses and children to join them on an Employment Authorization Document (EAD).

An E-3 visa applicant requires sponsorship from an US employer who is legally operating as a business entity (corporation, partnership or limited liability company). Furthermore, their sponsoring US company should hold a valid Federal Employer Identification Number or FEIN; typically an employer will lodge an LCA form with the Department of Labor on behalf of E-3 applicants.

An E-3 visa requires individuals with at least a bachelor’s degree or equivalent professional experience; alternatively they may use an equivalency assessment tool to demonstrate how their years of professional experience equate to that of a bachelor’s degree.

Can I change employers on an E-3 visa?

An E-3 visa can last for two years and be renewed indefinitely, and allows you to bring spouses and children with you, provided certain criteria are met.

To change employers on an E-3 visa, it will require filing a petition with USCIS. This process typically takes 4-8 months; to expedite this process it would be wise to consult a knowledgeable immigration attorney prior to initiating this step.

Submitting documentation such as your job offer letter, Form ETA 9035 and proof of academic credentials varies based on your employer. Please check with the U.S. Embassy or Consulate in your place of residence to learn about any necessary requirements.

Once you have all of the required documents, you can file an E-3 petition with USCIS and, once approved, can begin working in the US. Keep in mind that this visa does not lead to permanent immigration into America and should only be seen as temporary work authorization.

What are the requirements for an E-3 visa?

The E-3 visa is open to Australian citizens who have been offered employment in an occupation requiring at least a bachelor’s degree and pays wages that meet or surpass industry prevailing rates. It can be granted for up to two years at a time before renewal.

Employers must submit an LCA (Labor Condition Application) along with their job offer to demonstrate that no US citizens met their required skills or qualifications for the position. An LCA should be submitted prior to filing for a visa application.

To qualify for an E-3 visa, applicants must possess either a bachelor’s degree or its equivalent in their field of expertise, along with valid passport and meeting other basic employment requirements in the US. You may apply either from within the country itself or at a US Embassy or Consulate overseas – typically applying via Consulates is faster and less expensive.