E-3 Visa – Important Things to Keep in Mind

i just had a e3 visa petition filed for me i am from china how long will i wait

E-3 Visa

The E3 visa is a nonimmigrant visa available only to Australian nationals seeking employment in the US. Each year there are 10,500 E3 visas made available, but priority will only be given to individuals working in specialty occupations. Spouses and children accompanying E3 visa holders can also come along as dependents.

To be eligible for the E3 visa in Australia, applicants must first be citizens and possess at least a bachelor’s degree or its equivalent in a specialized occupation that requires theoretical and practical application of highly specialized knowledge to perform it effectively. To make sure your job qualifies as a specialty occupation for E-3 status, check O*NET online database to see if your occupation is listed there.

Contrary to H-1B visas, E-3 visas do not face numerical or annual caps as there is no maximum allocation each year. Furthermore, this visa option is much cheaper and allows spouses and children to accompany workers into the US as dependents.

There are a few key considerations when applying for an E-3 visa while already living in the United States. First and foremost, note that E-3 status can only be acquired through petition approved by USCIS; status cannot be changed within the country itself. Therefore if you currently possess another type of visa you will need to make arrangements at an American Consulate abroad in order to secure it.

Once in E-3 status, your time in the United States will depend on the validity of the Labor Condition Application (LCA) filed in your favor. Each two years thereafter, this LCA needs to be renewed unless its conditions have been fulfilled as part of your visa agreement.

Importantly, while in E-3 status it is imperative to remember that changing jobs or employers without first filing a LCA and petition with USCIS could potentially result in unexpected interruption of your stay in the country or even deportation.

E-3 visa holders cannot demonstrate immigration intent as this would render them inadmissible into the United States, making them ineligible for admission. Therefore, it is critical that they consult an experienced immigration attorney prior to trying to acquire one. Luckily, the process for getting such a visa is generally fairly simple and you can usually receive a response to your petition within four to six weeks after submission; premium processing allows you to expedite it even faster at 15 days! While premium processing may cost an extra $2500 fee; its time savings alone make premium processing worthwhile when considering its time-savings potential!