Australian E-3 Visa Lawyer

e3 visa lawyer clark county

All those wishing to work in the United States must first obtain permission from their government by way of obtaining a work visa.

The E-3 Visa is available for Australian citizens working in specialty occupations for US companies, providing an ideal alternative to H-1B quota-bound programs like H-1B which frequently become overwhelmed and used up early.

E-3 Visa for Australian Nationals

The E-3 visa is a nonimmigrant work visa exclusive to Australian nationals coming to the US solely to perform specialty occupation services. Specialty occupations require theoretical and practical application of highly specialized knowledge. To be eligible for this nonimmigrant visa, an Australian must present evidence of having received an offer from an US employer with which they have an existing job offer, possess a bachelor’s degree in their field or equivalent professional experience and be willing to enter an employment contract agreement in their field of specialty expertise.

In order to qualify for an E-3 visa in the US, companies sponsoring Australian employees must file and secure approval of a Labor Condition Application (LCA) from the Department of Labor. An LCA certifies that the job which Australian employees will be employed in is considered a specialty occupation with its associated prevailing wage being paid accordingly.

Prior to scheduling a US consulate interview, an LCA must be submitted to USCIS. Once received, in most cases USCIS will issue an E-3 visa within two weeks after receiving both documents from Labor. Australian employees already in the United States with another visa may submit a change of status form along with their LCA to transition into an E-3 status visa holder status; spouses and children of E-3 visa holders are also eligible for derivative visas in order to reside permanently in America.

E-3 Visa Application Process

The E-3 visa offers Australians a flexible and cost-effective means of temporary employment in the United States. To be eligible, a US employer must agree to sponsor you by filing all the necessary paperwork with the government – specifically an LCA to demonstrate they could not find anyone qualified in-country and ensuring you will receive at least the prevailing wage for that occupation.

Once the LCA is approved, your employer can file an E-3 visa petition with USCIS using Form I-129. This form must include details about your employer, job duties and qualifications – in addition to providing evidence that you possess relevant academic credentials such as a bachelor’s degree or equivalent experience.

Your spouse and children may also apply for E-3 visas to join you in the US. Each E-3 visa lasts up to two years, renewable indefinitely if work and studies meet requirements; unlike its H1B counterpart, E-3s allow changing employers without changing visa status either in-country or via consulate abroad.

E-3 Visa Extensions or Renewals

The E-3 visa allows Australian nationals to fill temporary jobs in the United States for up to two years at a time, thanks to the Australia-United States Free Trade Agreement. Every year 10,500 E-3 visas are awarded; priority will be given to professions requiring at least a bachelor’s degree (or its equivalent), along with jobs that correspond closely with these qualifications and experience.

For employers wishing to qualify as E-3 visa sponsors in the US, filing a labor condition application (LCA) with the Department of Labor is necessary in order to meet minimum standards in specialty occupations and give assurance to US immigration authorities that employing someone will not adversely impact wages or working conditions of US workers.

An individual currently present in the U.S. may apply to extend or change their E-3 status by filing Form I-129 with USCIS Vermont Service Center. This process is much quicker than visiting an Embassy or Consulate abroad, and eligible for premium processing.

If the worker’s current employer files a petition to extend their status before its expiration, they can remain in the US and work up to 240 days while it’s under review. However, if they wish to change employers or change employment situations they will need to leave and apply for a visa at either an U.S. embassy or consulate abroad.

E-3 Visa Requirements

E-3 visas are granted to those employed with US-based employers who can show that they’ll be engaging in qualifying work in a specialty occupation. Employers must file a Labor Condition Application (LCA) with the Department of Labor that shows the job will pay at least the prevailing wage; any strikes or work stoppages impacting an industry at the time the LCA is filed may impede this approval process.

E-3 visas differ from other employment-based visas in that there is no time limit on their stay; however, when changing jobs requires filing an LCA to maintain visa eligibility.

E-3 visa requirements also include proof of academic and occupational qualifications. An applicant must include their degree from a college or university with their application as well as an endorsement letter from their employer certifying the position is specialty occupation with all appropriate qualifications; and, if licensure or official permission to practice in the US are needed for practice.

At their interview, Embassy officials will assess an applicant’s character, history, work experience and qualifications; as well as whether or not they intend to return home once their time in the US has ended. Therefore, applicants should come prepared to answer questions on these topics while also showing they can support themselves and any dependents while living in America.