An E3 Visa Lawyer Can Help You Get a Green Card

Immigration lawyers are experienced professionals who specialize in all areas of immigration law. They can help with applications for nonimmigrant visas like E-3 as well as green card applications.

E-3 visa holders may enter and remain in the US for two years, eligible to extend in two year increments. Their spouse and/or children can accompany them.

Employment-Based Immigration

The United States offers numerous employment-based immigrant visa options for foreign workers and investors looking to live and work there permanently. If eligible, those eligible can obtain a Green Card which grants permanent residence status to allow them to work and live there permanently – typically this allows people with employment-based green cards to bring spouses or children as well.

Most employment-based immigrant visas require sponsorship by an US employer, who must submit Form I-140, Immigrant Petition for Alien Worker, to demonstrate there are no minimally qualified US workers available for the position and to meet labor market and recruitment requirements depending on the type of visa applied for.

The E-3 visa is a temporary employment-based immigration option open to certain professionals from Australia who seek work in specialty occupations requiring at least a bachelor’s degree and specific educational credentials for entry level employment. Our firm assists our clients in determining whether they qualify, filing Form I-129 and gathering supporting documentation. Those approved for an E-3 visa may remain in the USA for up to two years with extensions available as long as their requirements continue to be met.

Specialty Occupations

E-3 Visas are US work visas specifically created for Australian citizens working in specialty occupations, created in 2005. Individuals are initially permitted to stay for two years before extending it indefinitely in two year increments. Furthermore, this category offers an expedited application process compared to other work-based visas.

An E-3 visa requires both an employment offer from an US employer and proof that an individual can perform their responsibilities of their role effectively. An individual should possess an applicable degree, while any position offered must fall into what’s referred to as “specialty occupations.” To determine this status of occupations you may use OIN’s list of specialty occupations as a resource.

However, your degree doesn’t need to directly relate to your role; an E3 visa could even be obtained with a degree that’s unrelated if your job requires high levels of expertise that only degree holders in that particular field could achieve. Although this approach should not be followed as it can result in wasted effort; seeking advice would always be wise in order to determine whether your specific circumstances meet eligibility for such an E3 visa is wise.

The E-3 visa cannot lead to a Green Card; however, it can serve as a stepping-stone to other employment-based visas such as H-1B. If you’re currently in the US on another type of employment-based visa and wish to switch over, filing Form-129 (with academic credentials and Labor Condition Application attached) will do the trick.

Family-Based Immigration

An experienced family-based immigration attorney can assist in the relocation of spouses, children and other dependents to the US. This process includes applying for immigrant visas and adjustment of status; adjustment of status allows those in the US on non-immigrant visas to change them to permanent resident status without returning home; as this can take time it is important to seek assistance from an attorney knowledgeable in immigration law.

Family preference visas are for non-immediate relatives such as siblings, parents and children who do not fall within immediate family relationships. Each category only receives a certain number of visas each year; The Department of State publishes a monthly visa bulletin showing which preference category has the earliest priority date; once your relative reaches that priority date they can apply for an immigrant visa application.

An experienced family-based immigration attorney can be invaluable when bringing loved ones into the US. Their knowledge can help you avoid common errors that could delay or derail your case, such as delays to filing applications. In case your application is denied, an attorney can also file an appeal or motion for reconsideration; protecting both legal rights and safeguarding family.

Consular Processing

If you are an Australian national looking for employment in specialty occupations, the E3 visa could be your solution. Valid for two years with indefinite extensions possible and permitting family members to join, this visa offers more freedom and mobility than others in America. However, certain requirements must be fulfilled to qualify for one, including having received an offer of employment with an American company and filling out a Labor Condition Application.

An Austin immigration attorney can assist in filing a petition to change status in order to secure an E3 visa, which can take six months from start to finish. Once approved, once issued the visa number must pay its associated fees before traveling to meet with a consular officer for an interview session at which time your documents and answers to his/her questions may be examined closely by them; an attorney can help prepare for this meeting to ensure your qualifications are fulfilled fully.

Jackson Walker’s Houston office specializes in business and investment-based immigration matters, including EB-5 projects. We represent regional centers, individual investors, securities attorneys, economists and business plan writers – among many other entities.