Australian E-3 Visa Lawyer

E-3 visas can be an ideal solution for Australian nationals wishing to work in the US; however, there are certain considerations you must keep in mind before filing for such a visa.

First, you must have been offered employment from a US company and your employer must fulfill certain criteria and file a Labor Condition Application.

What is an E-3 Visa?

The E-3 visa is a nonimmigrant work visa specifically tailored towards Australian citizens looking to secure specialty occupations within the US labor force. To be eligible for this visa, an applicant must first have their US-based employer file a labor certification application with the Department of Labor, along with providing evidence of qualifying work within such occupation and an offer letter that establishes that person will receive payment at prevailing wage for that occupation. Unlike with H-1B visas there is no annual cap placed upon E-3 visa issuance; instead these holders and their spouses may apply for employment authorization documents to allow them to legally work within American borders.

An E-3 visa applicant must meet academic and occupational criteria, including licensure for specialty occupations where applicable. Furthermore, applicants should indicate their intent to depart upon expiration of E-3 status.

Contrary to H-1B visa applications, an E-3 visa doesn’t require petitioning USCIS; rather, its applicant can apply at one of several US Consulates abroad or within the US for its stamp. Processing times at consular offices will depend upon time of year and availability of appointments at consulates as well as other factors; The USCIS Vermont Service Center handles change of status/extend/amend petitions related to E-3 visas.

What are the Requirements for an E-3 Visa?

Though the E-3 Visa provides a simpler application process than other employment-based visas like H1B, candidates still must collect key documents including copies of your employer’s Labor Condition Application (LCA), as well as academic credentials such as bachelor degrees or letters from educational institutions verifying you have equivalent work experience.

An LCA certifies that US employers have employed individuals in specialty occupations at prevailing wages for their specific job roles. Our firm will make sure the LCA meets all of the requirements necessary for an E-3 visa before being submitted to the Department of Labor.

Employers in the US must sponsor you and you must possess at least a bachelor’s degree related to the specialty occupation in which you’re applying. Our team can assist with procuring an evaluation from a credentialing agency which will translate your education and work experience into the degree requirements needed for this occupation.

E-3 visa holders don’t face time restrictions like those who hold H1Bs; visa extensions are permitted without restrictions on duration. Spouses of E-3 holders also qualify for unrestricted employment authorization. Furthermore, if your US-based sponsor changes your job title or location while you’re here it is simple for them to move seamlessly to a different position without leaving and restarting the visa application process.

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

E-3 visa holders possessing employment-based nonimmigrant status are considered lawfully in status until their paid employment ends and before I-797 approval notice expires, or upon changing employers must file new LCAs and petitions accompanied with fees to USCIS in order to extend or change status as applicable. If their paid employment ends before that notice has expired, an E-3 holder can file for an extension or change of status with USCIS to continue lawful presence if this occurs before that notification has passed – such applications must include new LCAs and petitions when filing the extension/change of status application with USCIS upon application being filed by both employers if appropriate – otherwise their lawful stay may end upon paying employment termination. If an E-3 holder changes employers, both parties involved must file new LCA and petition with USCIS before their lawful status ends.

An experienced E-3 visa attorney can provide invaluable assistance throughout the application process for this visa type. They can ensure all required documentation is organized and complete to facilitate expedited processing. Likewise, visa interviews typically must take place at their appropriate embassy or consulate before an E-3 application can be approved.

The E-3 visa allows Australian nationals to work in a specialty occupation directly related to their area of expertise in the United States without facing a cap; so long as prevailing wage is paid and other requirements fulfilled, this visa may be obtained. Furthermore, US employers already employing Australian nationals classified under E-3 can transition them easily by filing a petition with USCIS for transition purposes.

Do I Need to File a Labor Condition Application?

The E-3 visa is a temporary work visa designed to allow Australian citizens to enter the US temporarily in order to provide services in specialty occupations. Each year there are only 10,500 available, and applicants must meet certain criteria including having a job offer that directly related to their area of expertise, possessing at least a bachelor’s degree, and being paid at least the prevailing wage rate for that profession.

For an E-3 visa to be obtained, an applicant’s US employer must file a Labor Condition Application (LCA) with the Department of Labor. To be successful with an LCA filing, employers must certify there is no strike, lockout or work stoppage related to labor disputes at the time it was filed and notify any employee bargaining representatives as well as post notices in two locations throughout their workplaces.

Once an LCA application has been approved, an applicant can begin the visa application process. They must fill out Form DS-160 online or through a call center when applying from abroad, with USCIS sending notice of interview to complete before receiving their visa at a US Embassy or Consulate. E-3 visa holders’ spouses can apply for employment authorization using Form I-765; however this cannot lead to permanent residency or a Green Card status.