An E3 Visa Lawyer Can Help

e3 visa lawyer washington county

Australian citizens looking to work in the United States can apply for an E3 visa; all that’s needed to do so is a sponsoring U.S company, Labor Condition Application form and valid passport.

LCA must include occupations requiring specific knowledge and a bachelor’s degree or equivalent experience, which necessitate the application of LCA methods.

Qualifications

The E-3 visa is open to Australian nationals entering the US with plans of working in a “specialty occupation.” Such occupations require at least a bachelor’s degree (or its equivalent) as well as theoretical and practical application of specialized knowledge, plus payment at least equal to its prevailing wage in their location.

At the time of visa interviews, applicants must bring with them an LCA approved by the Department of Labor that contains attestations from their sponsoring employer regarding wages and working conditions. An officer will review this paperwork to decide if their specialty occupation qualifies.

Applicants must also demonstrate that they will be able to begin employment immediately upon arriving in the United States, and in cases where licensure is required for specialty occupation employment they must either possess the requisite license immediately upon admission or be able to secure one within a reasonable time following arrival.

Spouses and children of E-3 principals do not face numerical limitations and may apply for visas with similar validity, number of entries and fee structures as those issued to their principal.

Sponsoring an Employer

The E3 visa program enables US companies to sponsor Australian workers for positions requiring specialist knowledge and at least a bachelor’s degree. Before filing with DHS for visa consideration, companies must file a Labor Condition Application (LCA), providing attestations regarding wages and working conditions; it must then be approved before sending in visa application materials for review by DHS. As an E3 visa is nonimmigrant status only valid for two years without leading to permanent residency status, additional steps will need to be taken if one applies again after renewal for renewal.

Each fiscal year, there are only 10,500 E-3 visas available; however, this quota does not apply to employers seeking an extension or reissuing an E-3 visa for the same job due to a change of employer. Furthermore, dependent spouses and children of E-3 principal visa holders do not count towards this limit on annual availability of E-3 visas.

Some jobs requiring admission through E-3 visa classification require licensure to practice; in such instances, E-3 visa applicants must present evidence that they will obtain licensure within an acceptable time after arriving in the United States.

Filing the Petition

E-3 visa holders are exempt from the annual H-1B quota and do not need to be sponsored by a US-based company, and can work for unlimited periods in the US. Should they wish to change jobs while here, their new employer must file a certified Labor Condition Application as well as file Form I-129E-3 visa petition; then wait 60 days after involuntary termination from their previous job before starting work for this new one and keeping E-3 status intact.

E3 nonimmigrant visas may be filed both before and after entering the US. The process begins when employers submit a Labor Condition Application (LCA) to the Department of Labor; once this document has been approved, employees can file with USCIS using Form DS-160 for their nonimmigrant visa application.

The DS-160 application requires applicants to provide basic information, including their name, date of birth and nationality as well as provide copies of their valid passport and any additional supporting documents. Once submitted to Homeland Security for processing, an acceptance receipt will be sent back directly to them – should they already reside in the U.S. on another visa type they can schedule an interview at one of its consular offices abroad or apply directly through USCIS for an interview date and time.

Interview

The process for applying for an E-3 visa can be lengthy and require extensive paperwork. After filling out an online Form DS-160 and attending an interview with a consular officer (similar to H-1B interviews), applicants for this visa will then need to attend an interview with a consular officer to assess your qualifications to work in the United States. An experienced immigration attorney can help you prepare for this meeting with their expertise.

An immigration attorney can also provide the support letter required to accompany your DS-160 form. Typically written on your employer’s letterhead, this document outlines details about their company, your specific job duties as a specialty occupation and salary offered; in addition to noting any significant training or education you have received.

Consular officers will review your documents and decide whether or not to grant you an E-3 visa. If successful, a stamp will appear in your passport allowing you to travel and begin work in the US. Your E-3 visa remains valid for two years before being extended by seeking advice at a US Consulate – however due to backlogs currently facing these offices wait times can often be longer so early assistance should be sought so as to have an estimate as soon as possible for an interview time slot.