An E3 Visa Lawyer Can Help

e3 visa lawyer polk county

The E3 visa is intended for Australian nationals working in specialty occupations within the US. A qualifying position must be sponsored by an US company for this visa program with an annual limit of 10,500 people; dependent spouses and children can also obtain E3 status under this category.

An E3 visa requires a valid passport, support statement from US employers and labor condition application (LCA). Certain categories of E3 applicants can opt for consular processing instead of filing a change of status petition.

Specialty Occupation

If you are an Australian national who has accepted an employment offer in a specialty occupation in the US, and has received an E-3 visa offer, this could be your ticket into American society. But before beginning the application process there are several key points you need to be aware of before moving forward with applying.

Specialty occupations involve theoretical and practical application of highly specialized knowledge. Such careers usually require at least a bachelor’s degree (or its equivalent); applicants without this degree must possess at least five years of relevant work experience, pay prevailing wages, and meet other criteria to be accepted as applicants.

The E-3 visa is valid for two years and may be extended indefinitely, making it one of the few visas available that doesn’t require petition approval from USCIS to secure. You can apply at either a United States Consulate abroad or service center located nearby.

An experienced Immigration attorney will help you understand the criteria of a specialty occupation and assist with finding ways to meet them. They may look for connections between certain courses and your work experience in order to obtain an evaluation equating your education to an appropriate degree level, prepare the required documents, provide support statements from employers as well as filing the Labor Condition Application (LCA).

Labor Condition Application

The E3 visa is open to foreign nationals who possess specialized skills who work in an occupation that requires them. To be eligible, your employer must meet certain criteria and file a labor condition application with the U.S Department of Labor. Employers must also post this notice at their place of employment to demonstrate that hiring foreign workers won’t adversely impact wages and working conditions for U.S workers performing similar occupations. Sky Usa Law assists employers in efficiently fulfilling this mandatory step, by carefully considering company and government criteria, collecting tax information, company details and mandatory documents on behalf of employers before filing the labor condition application on their behalf.

Labor Condition Applications (LCA or Form ETA-9035E/9035) contain attestations from U.S. employers that their foreign workers are being paid at least the prevailing wage in their geographic location, without strikes, lockouts or labor disputes disrupting workplace activity. An LCA must be submitted no later than six months before starting employment authorization period of nonimmigrants.

If the prevailing wage cannot be easily obtained, an employer can submit an alternative source of information, such as a comparable private wage survey or published local union rate. The ETA will assess whether this alternative source meets all of its requirements under regulation.

Petition for Nonimmigrant Worker

When a nonimmigrant worker needs to enter the US temporarily for work purposes, they must obtain an approved visa first. Employers can start this process by filing Form I-129 Petition for Nonimmigrant Worker with US Citizenship and Immigration Services (USCIS). This form requires specific information about your employee as well as various sections that need to be filled out correctly so there won’t be any complications when applying for their visas later on.

Employers must provide additional details than just standard information required on this form, such as an explanation on how they will pay the foreign worker’s salary and benefits. They must also certify compliance with any export control requirements; failing which, they could face penalties and fines.

The E-3 visa is a nonimmigrant worker visa available to Australian nationals who have accepted jobs that qualify as specialty occupations in the US. It serves as an excellent alternative to H-1B for Australians wanting to remain after their contract has ended; its validity can be extended up to two years with renewal possible indefinitely; spouses and children of E-3 visa holders can also work legally within US borders.

Consular Processing

Consular processing involves submitting a visa application directly to the U.S. Department of State office that manages your country’s embassy or consulate. It requires more extensive paperwork, could delay its approval, and could lead to denial. An experienced E3 visa lawyer can help guide this process successfully.

Consular processing typically takes longer, as the National Visa Center reviews your documents and requests additional evidence from you if necessary. Therefore, it is crucial that all required documents be submitted at once when initiating processing with them attorney assisting in preparation and to ensure no grounds of inadmissibility exist for inadmissibility exist in your case.

Australia citizens eligible for E3 work visas may work in specialty occupations for approved US employers without needing an immigrant petition filed with USCIS. Furthermore, their spouse and children may also work incident to their status without needing to file individual immigrant petitions separately.

Kailey provides clients with assistance for an array of immigration issues, ranging from answering urgent calls to developing long-term business and family solutions. As an invaluable collaborator, she strives to reduce her clients’ burden from dealing with immigration law’s complex processes.