E-3 Visa Lawyer – How to Qualify For an E-3 Visa

e3 visa lawyer franklin county

E-3 visas are open to Australian nationals as well as their spouses and children who intend to come solely to perform services in a specialized occupation in the US. To qualify, only those meeting this criteria will qualify.

The E-3 visa allows you to stay in the US for up to two years and can be renewed indefinitely in two-year increments. Contact Rai Law today if you believe that an E-3 Visa could benefit your situation.

What is an E-3 Visa?

The E-3 Visa is a special multiple entry work visa available to Australian citizens. It may last for two years at most and may be extended indefinitely; holders may bring spouses and dependent children as dependents into the United States as well. There is an annual limit of 10,500 E-3 Visas issued.

In order to qualify for an E-3 visa in the US, you must be coming here specifically to perform services in a specialty occupation. A specialty occupation refers to any job requiring both theoretical and practical application of highly specialized knowledge as well as attainment of at least a bachelor’s degree or equivalent work experience in that particular field.

To qualify for an E-3 visa, applicants must submit a certified Labor Condition Application and letter from their employer offering specialty occupation employment at least at the prevailing wage for said occupation. Applications can be filed both within the United States or at U.S. Consulates abroad.

How do I get an E-3 Visa?

The E-3 visa provides an easier application process and is a good solution for Australian professionals that wish to work in the United States without going through the H-1B process. However, it is still essential to prepare certain essential documents before applying for one of these visas.

Your most essential documents should include a certified copy of Form ETA 9035 from your employer, proof that your job falls into a specialty occupation and academic credentials such as degrees or official permits to work in that specific occupational field. If licensure is required for that field of employment, however, then it must be shown that such license can be acquired within an acceptable amount of time after admission into the United States.

Additionally, applicants must attend an interview with USCIS or a consulate and answer any inquiries related to their qualifications and nonimmigrant intent. For more information about preparing for the visa interview visit our E-3 Visa Interview Tips page.

What are the requirements for an E-3 Visa?

An E-3 Visa must fulfill certain basic criteria to qualify. First, an applicant for such a visa must secure employment with an American company offering specialist employment. Furthermore, an LCA (Labor Condition Application) must be submitted for approval from the US Department of Labor.

An LCA certifies that you will be paid a fair prevailing wage and experience working conditions equivalent to those experienced by US workers. Once approved, once you file for an E-3 Visa through Vermont Service Center or directly with US Consulates abroad.

Applying at a US Consulate overseas, processing times vary between several days and several weeks. No matter which option you use to apply, be sure to properly prepare and submit all required documents; once approved, an E-3 Visa allows entry into the United States.

How long can I stay on an E-3 Visa?

E-3 visa holders can remain indefinitely as long as they fulfill all visa requirements and continue working; their spouses can work by applying for an Employment Authorization Document (EAD).

Employers based in the US must file a Labor Condition Application (LCA) with the Department of Labor indicating that this job is considered a specialty occupation and the worker will receive their prevailing wage for it. A job offer letter should also detail that work will take place full time with evidence that workers possess all qualifications for it.

As it must be filed at an American Consulate abroad, E-3 visa applications cannot be filed inside the US for change of status purposes; rather, this process should be filed at one outside. Considering embassy processing backlogs can take time and expertise can help streamline this process for those applying. It is advised to seek guidance from an attorney prior to filing your petition.

Can I work for more than one employer on an E-3 Visa?

Australian nationals looking to work in the US may benefit from applying for an E-3 visa, which permits up to two years of work visa stay and can be renewed indefinitely. Furthermore, this visa entitles its holder to bring spouse and children along for the ride.

To qualify for an E-3 visa, an applicant must hold either a bachelor’s degree or equivalent work experience and the position they’re applying for requires at least this level of education and pays at least the prevailing wage.

Employers must file Form I-129 and Labor Condition Applications with the Department of Labor before USCIS can grant an E-3 visa.

Can I transfer my E-3 Visa to a new employer?

Though the E-3 Visa is temporary and does not lead to permanent residency in the US, it provides Australians already living and working there with various benefits. One key advantage is its easy transferability between employers without forfeiting E-3 status – simply file and get approved by USCIS before switching jobs!

The new job offer must directly relate to the field in which they originally employed. Furthermore, at least the minimum prevailing wage must be provided in their occupation of choice.

E-3 visa petitions do not need USCIS approval in order to apply for a visa stamp at a U.S. Consulate, making transitioning easier between jobs. Contact our immigration attorneys now to determine if an E-3 Visa could apply in your case!