E-3 Visa Lawyer – How to Get an E-3 Visa to Work in the United States

e3 visa lawyer montgomery county

The E-3 visa is designed for Australians looking to work in the United States. It permits a stay of up to two years with extensions being possible upon application; spouses and children are permitted to come as well.

Immigration delays can be extremely stressful. With assistance from a MoCo immigration delay lawyer, it may be possible to determine whether they’re caused by unusual circumstances and what your options may be for addressing them.

What is an E-3 visa?

The E-3 visa is a nonimmigrant nonimmigrant visa for Australian citizens seeking temporary work in specialty occupations in the US. To be eligible, their prospective US employer must submit a Labor Condition Application (LCA) to the Department of Labor showing you will be employed in an occupation that pays at least $60,000 annually as minimum salary.

An E-3 visa offers one advantage over other employment-based visas: your employer does not need to file a petition with USCIS before you undergo an interview at an U.S. embassy or consulate before receiving it.

The consulate will evaluate your qualifications, work history and nonimmigrant intent before accepting you for an E-3 visa application. They require supporting documents like an LCA copy as well as your job letter for consideration; unlike many employment-based visas however, the E-3 does not impose an annual cap or limit to how long an individual can remain in the United States.

Who qualifies for an E-3 visa?

The E-3 visa is open to citizens of Australia wishing to work temporarily in specialty occupations in the US. To be eligible, a job offer that requires the theoretical and practical application of highly specialized knowledge must also pay at least the prevailing wage for that occupation in that location, in addition to having attained either a bachelor’s degree or more with relevant experience; its annual numerical limit can be renewed indefinitely.

If an employee is currently in the United States on another nonimmigrant visa status, they can submit Form I-129 with USCIS to switch their status to E-3; however, this process could take up to three months and is not eligible for premium processing service from USCIS. Alternatively, they may apply at one of the U.S. consulates abroad for this visa; spouses and children of E-3 visa holders can also submit an application at such consulates without needing to be Australian citizens themselves.

How long can you stay in the United States on an E-3 visa?

E-3 visa holders are permitted to stay in the US for a maximum period of two years and can extend it indefinitely, as well as bring their spouse and children with them onto this visa.

To be eligible for an E-3 visa in the US, applicants must hold an offer from a US employer in a specialty occupation requiring theoretical and practical application of highly specialized knowledge with at least a bachelor’s degree requirement in their field.

To obtain an E-3 visa, your employer must file a petition with USCIS; this process typically takes four to eight months but you can expedite it by selecting premium processing. Furthermore, before filing with USCIS you must also receive approval from Department of Labor on any labor condition approval issues that might exist within their employment contract.

How do I apply for an E-3 visa?

E-3 visa applicants must fulfill several requirements before being considered eligible to be granted one, the most crucial of which is having a job offer from a U.S. employer that fulfills prevailing wage requirements in your state or county of choice and includes an in-depth job offer letter with additional details on meeting these standards and more information on your work duties than what would normally be found in traditional job offers letters.

Your specialty occupation requires at least a bachelor’s degree or its equivalent in order to qualify. Professional experience also counts, with at least 12 years of progressively responsible experience within your specialty area required for qualification.

Apply for an E-3 visa either within the U.S. or at one of its consulates abroad. If your current status allows a change of status petition directly with USCIS.

What are the benefits of an E-3 visa?

E3 visas offer numerous advantages to both employers and employees. For employers, the primary benefit is hiring skilled professional talent without needing to file a petition with USCIS and pay any additional fees for it.

Employees stand to gain from this solution as it enables them to work in the United States without first needing a visa from a US-based employer, instead applying directly at consulates for their visa.

As opposed to H1B visas, E-3 visas do not impose annual caps and their holders can easily switch employers while remaining in the United States; spouses and children of E-3 holders are eligible for work eligibility as well, further expanding its flexibility.

How do I deal with a delay in immigration?

Immigration delays can be frustrating, particularly when they result from factors outside of an applicant’s control. For example, an office may experience backlog due to high volume or quotas that delay processing times; similarly, applications could also be held up if missing information exists or there is an issue with their background check process.

As for visa application delays, one way of dealing with them and speeding up processing time can be by filing a writ of mandamus lawsuit – this legal action against an agency forces them to perform their duties and process applications within reasonable time frames.

Working with an experienced immigration attorney is the key to successfully dealing with immigration delays. Contact Scott Legal, P.C. today so we can review your case and help your visa application move forward smoothly.