An E-3 Visa Lawyer Can Help You Get the E-3 Visa

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The E-3 visa is designed for Australian nationals who wish to work in specialty occupations and is typically valid for two years before renewal, though E-3 holders can bring along their spouse and children if required.

Our firm specializes in serving the immigration needs of Australian expats in the U.S. Reach out to us now so that we can discuss your immigration goals!

What is an E-3 Visa?

The E-3 visa is an American work visa that offers advantages to both U.S. employers and Australian employees alike. Australians granted this visa can enjoy lower application costs and processing times, renewal options without restrictions and smooth transitioning between employers – features that make the E-3 a popular choice among businesses looking to attract and retain top talent.

To qualify for an E-3 visa, Australian citizens must first be offered employment with a company in the U.S. that offers specialty occupation jobs; specialty jobs refers to jobs requiring the theoretical and practical application of highly specialized knowledge. Furthermore, at least a bachelor’s degree or equivalent must also exist within their specialty field.

Apply for your visa by filing a labor certification with the Department of Labor. Your employer should submit a letter that affirms you will engage in a specialty occupation and be paid the prevailing wage rate. Finally, go through consular processing at an US Consulate in Australia in order to receive your visa.

However, you still must complete Form DS-160 and pay a US$315 visa fee when applying for an E-3 visa.

How Does an E-3 Visa Work?

E-3 Visas are employer-specific, which means a foreign national may only work at the company that sponsored their visa. There is also a limit on how many E-3 Visas may be available each fiscal year.

An E-3 Visa can only be issued if a job requires at least a bachelor’s degree and pays at least the prevailing wage in its specific geographic area; additionally, approval by the Department of Labor must also take place before any visa can be issued.

Once an LCA is approved, an individual may file Form I-129 petition to petition USCIS for employment authorization. A USCIS officer will assess and interview each candidate – so applicants should arrive well prepared with all their documentation in order and be well organized prior to interview day.

Once granted an E-3 Visa, foreign nationals may work in the United States for up to two years before renewing it twice annually thereafter. Since this visa does not permit immigrant intent, such individuals cannot apply for permanent residency while on this status.

Do I Need an E-3 Visa Lawyer to Get a Visa?

Lawyers can provide invaluable help when applying for a visa and collecting the evidence needed for interview. In addition, lawyers will make sure your documents are filed correctly according to E3 visa program requirements.

An E-3 visa is a nonimmigrant work visa available to Australian citizens looking for specialty occupation employment in the US. To be eligible, an Australian must find a sponsoring US employer willing to offer you work that requires at least a bachelor’s degree for that field, in addition to filing an LCA with the Department of Labor to attest that your pay meets prevailing wages in your occupation.

At your visa interview, you must present evidence supporting your E-3 visa application such as your employer’s support statement and approved LCA to a consular officer. Based on this evidence, they will either approve or deny your E-3 application.

Your E-3 visa allows you to bring your spouse and children as dependents to the United States as dependents, while granting your spouse permission to work legally in the US through an Employment Authorization Document (EAD). Unlike many other visa classifications, spouses of those holding an E-3 visa are able to legally work while visiting America.

What Are the Benefits of an E-3 Visa?

E-3 visa holders can enjoy numerous advantages. First, their employer never needs to worry about running out of visas as the Department of Homeland Security typically doesn’t meet its annual quota for this category of employment-based work visa. Second, spouses and children can accompany them without needing separate applications or incurring extra fees.

E-3 visa applicants also benefit from its non-permanent residency requirement, unlike some other categories which require them to demonstrate they’re only interested in working temporarily in the US. This enables them to sell their home back home, move into America with their families without worrying about filing permanent residency paperwork later.

E-3 visas offer faster processing than other types of work visas due to applicants not needing to file with the Department of Labor; instead they submit direct applications to US consulates. Once issued, E-3 visa holders who change jobs while living in the US can take advantage of an extended grace period to seek new employment or seek out another type of status change visa type.