Australian E-3 Visa Lawyer

e3 visa lawyer jackson county

E-3 visas are available to Australian citizens seeking temporary work in America in specialty occupations for a short duration. Self-petitioned foreign nationals cannot secure such an E-3 visa – rather, an employer in America must sponsor such applicants.

Nicola specializes in nonimmigrant employment-based immigration matters and counsels employers on strategies for building an international workforce. Additionally, she assists clients with their EB-5 direct investment and regional center matters.

E-3 visas are available to Australian citizens

The E-3 visa is available to Australian citizens who wish to work in specialty occupations in the United States. This non-immigrant visa entitles workers to remain for two years, though extensions can be requested as needed. Spouses and children of applicants can accompany them when making this trip to America. It provides employers with an effective solution when searching for qualified Australian employees with faster processing times and lower costs compared to other work visa options.

Before applying for an E-3 visa, it is necessary to secure employment from an American company in a specialty occupation and file a labor certification application with the Department of Labor; at that point, your employer must file Form DS-160 online nonimmigrant visa application; once submitted, you will be contacted to schedule an interview with a consular officer – we strongly suggest consulting an experienced immigration lawyer ahead of this interview to help prepare.

The E-3 visa does not permit dual intent, meaning you cannot apply for a green card while working under its terms. However, if you obtain an E-3 visa and then change to another permanent residency category after its issuance, then this could still qualify you for one.

E-3 visas are non-immigrant visas

The E-3 visa is a nonimmigrant category of non-immigrant visa available to Australian citizens seeking employment in specialty occupations in the US. Employers may provide this visa for up to two years at a time and it can be extended further; additionally it can extend for spouse and children of the visa holder and extended further as necessary. Ultimately the holder of this visa may accept employment in the USA while also applying for an Employment Authorization Document (EAD).

The US Department of Labor issues labor certifications that demonstrate no qualified American worker can perform the duties at the prevailing wage. This process usually takes four to eight months depending on various factors including season and other considerations; it is highly advised that applicants consult an experienced immigration attorney in order to formulate a solid plan.

E-3 visas offer numerous advantages, not least of which is that they do not require changing of status in the US, and processing can be done directly at a US Consulate abroad without petition approval. This makes the E-3 visa particularly helpful if the applicant intends on remaining outside for some time; saving both time and money. Unfortunately, premium processing is unavailable.

E-3 visa holders, like their counterparts in other employment-based nonimmigrant visa categories, must work for the employer that sponsors them. While they can transition to another company by filing for a change of status with USCIS and being approved, until that change of status has taken place before commencing employment with them. Furthermore, this visa does not allow dual intent so applicants must demonstrate they intend to return home when their stay in America concludes.

E-3 visas are temporary visas

The E-3 visa is a temporary work visa available to Australian citizens living and working in the United States temporarily. While not granting permanent residency status, this two year work permit can be renewed indefinitely; similar to its Canadian equivalent TN it offers more job roles while being more straightforward to get than H-1B visas.

The visa process begins when an employer submits a Labor Condition Application (LCA) with the Department of Labor. The LCA must show there is an actual employment relationship between their company and foreign worker as well as that their position qualifies as a specialty occupation; also that there is a shortage of qualified workers in that occupation; additionally they must be able to communicate effectively in English and their duties are essential to running operations within their company.

Once their LCA is approved, foreign workers will submit an online Form DS-160 Nonimmigrant Visa Application and attend an interview at one of the US consulates abroad with a Consular Officer to prove they qualify for an E-3 visa (i.e. letter from employer and proof of payment of the MRV fee).

E-3 visas are available for spouses

Australian citizens can bring their spouse and children to the United States on E-3 visas, which are valid for two years and can be renewed indefinitely; they cannot, however, be used for permanent employment; E-3 holders must possess at least a bachelor’s degree in an occupational specialty field to qualify.

An immigration attorney can be invaluable when applying for an E-3 visa. They will review your work experience and education, helping to provide an evaluation of your qualifications that is required by visa applications – it is therefore vital that this process begins early as it may be complex. Ideally, seek legal advice prior to beginning this journey alone.

USCIS recently updated its regulations regarding E-3 visa applications, to make clear to consular officers that any primary applicant for an E-3 visa has immigrant intent until there is evidence otherwise. Furthermore, new regulations stipulate that applicants for this type of visa should possess at least a bachelor’s degree and hold specialty occupation license or official permission in order to perform it.

An important advantage of the E-3 visa is its direct application at a US Consulate abroad – this makes it much simpler and faster than applying for the H-1B visa, which requires filing a petition with USCIS.