An E-3 Visa Lawyer Can Help You Get a Visa to Work in the United States

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An E-3 visa provides people who specialize in specific occupations the opportunity to work in the US under two year employment visa. An approved Labor Condition Application (LCA) and employer in the U.S. must also be submitted as requirements of this visa, which also allows spouses and children to accompany its holders.

Qualifications

The E-3 visa is designed for Australian nationals wishing to temporarily reside and work in the US. This work visa is limited to occupations requiring both theoretical and practical expertise; at minimum it requires a bachelor’s degree equivalent in their field or its equivalent qualification. Furthermore, this work visa can be renewed and extended indefinitely while dependent spouses and children can accompany its holder.

The TN visa is similar to its H-1B counterpart, but has lower educational requirements and does not fall under annual quotas like its H-1B counterpart. Furthermore, this visa can be used by many different occupations including registered nurses who hold 2-year degrees – something H-1B does not cover. Furthermore, its use by small businesses is permitted as well.

E-3 visa holders may submit an application to change of status either with USCIS outside the country, or at a US consulate abroad. Applying at a consulate tends to be faster; however, they must hold employment in a specialty occupation and have an employer who will file a Labor Condition Application (LCA).

Documents required

An E-3 visa requires many documents. One such requirement is an original or copy of the Labor Condition Application (LCA), containing attestations by the sponsoring employer regarding wages and working conditions; it must be filed with and approved by the Department of Labor before being presented for filing with USCIS. Furthermore, employers must pay foreign employees the prevailing U.S. wage in their occupation.

Other requirements for U visa considerations are a degree or equivalent experience, professional credentials and valid passport. A visa agent can assist in compiling these necessary documents which will then be sent off to USCIS along with Form I-129 and supporting documentation. Depending on your circumstances, an ETA 9035 form may also need to be submitted in order to prove employment with your petitioning company and that your job qualifies as a qualifying specialty occupation.

Australian employees looking to reside temporarily in the US are well served by applying for an E3 visa, as it permits them to fill specialized occupations that require theoretical and practical application of body of specialized knowledge – this may include engineering, mathematics, physical sciences, social sciences, medicine & health, education business specialties law accounting or theology as examples.

Fashion models find the E3 visa particularly useful, as it enables swift transitions between employers and provides a 60-day grace period following employment termination. Furthermore, its easier application process than H1B makes obtaining this work visa an affordable solution with an annual limit of just 10,500.

Processing time

The E-3 visa is a temporary, renewable two-year visa available to Australian nationals who work in specialty occupations as well as their spouses and children. Like its TN counterpart, this visa requires both an offer of employment from a US employer as well as filing of a Labor Condition Application with the Department of Labor ensuring wages offered match the prevailing wages for similar positions in the location where work will be performed; such an LCA filing requirement does not exist for TN visa applicants.

Acquiring an E-3 visa can be a complex and time-consuming process for both employers and employees alike. A visa interview at either the United States consulate or embassy requires submission of various supporting documents such as educational certificates and evidence for business plans; an experienced immigration lawyer can guide employers through this process to avoid common pitfalls.

Note that every U.S. Consulate or Embassy handles E-3 visa applications differently and processing times vary; applicants should contact their desired consulate or embassy prior to applying in order to schedule an interview and find out current processing times and make an appointment for an interview. Lastly, before making this step it’s a good idea to review their website in order to make sure they accept applications from non-residents as there may be instances in which this isn’t accepted.

Extensions

If your TN visa expires and no extension or renewal is granted, then it is time for you to depart the US. You have 60 days from either its expiration or end of validity period on your I-94 record (whichever comes first) in which to prepare your departure and apply for either another TN visa or change its classification.

If you are currently in the US with a TN visa and wish to extend it, filing an extension application with your U.S. employer is an effective way of doing so. Their petitioning company must submit Form I-129 as proof of eligibility; additionally, you must demonstrate your skills match with positions listed on the TN occupation list, plus have received an employment offer from an American-based company.

The TN visa is a temporary work permit issued to citizens of Canada and Mexico employed under NAFTA in the United States. Unlike other work visas, it allows spouses and children to accompany their employers; its duration can be extended indefinitely but more likely CBP will question your temporary intent and deny entry into the country if you extend it beyond two years.