E-3 Visa Lawyer Mississippi

Christina provides services to individuals and companies for employment-based immigration cases involving H-1Bs, PERM-based EB-2 and EB-3s, national interest waivers and marriage-based green cards. She has assisted actors, musicians, research scientists, policy directors and many other professionals.

The E-3 visa is a nonimmigrant category designed for Australian citizens entering the US in order to work in specialty occupations. Reach out to our firm now to see if you qualify!

What Is an E-3 Visa?

The E-3 Visa allows Australian nationals to work in specialty occupations in the US. A specialty occupation requires 1) theoretical and practical application of highly specialized knowledge; and 2) possessing at least a bachelor’s degree related directly to or equivalent professional experience for working.

This nonimmigrant visa was introduced as part of the Australia-United States Free Trade Agreement and allows holders to reside for two years at a time, renewable for additional periods up to two years each time. Spouses of E-3 visa holders may also obtain employment authorization in the US.

However, unlike the H-1B visa, E-3 visas don’t impose an annual cap and have additional restrictions such as employers must file a Labor Condition Application with the Department of Labor prior to submitting their petition for approval.

Whoever wishes to obtain an E-3 Visa must first submit an online Nonimmigrant Visa Application via Form DS-160. Once this application is submitted, applicants will be contacted by a consular officer to arrange a meeting on which they must present valid passports and any necessary documents at an interview meeting with them; upon fulfilling all eligibility requirements satisfactorily, their visa will then be issued.

Who Qualifies for an E-3 Visa?

The E-3 Visa is open to professional workers with at least a bachelor’s degree who are working in their specialty occupation. Employers in the U.S. who file an LCA with the Department of Labor must also approve it before receiving an actual visa; additionally, this visa covers spouses of these professionals as well.

To obtain an E-3 Visa, applicants must fill out Form DS-160 online, pay the non-refundable visa fee, and attend a scheduled interview at an U.S. Consulate abroad. At this interview, a consular officer will make their decision on approval or denial based on information provided during this meeting; an experienced immigration attorney can help prepare candidates for this interview.

Note that E-3 Visas have an annual cap, and that LCA requires that any job offered to professionals must require theoretical and practical application of highly specialized knowledge.

An E-3 Visa holder cannot change jobs without filing a new LCA and petition with USCIS, however if employment ends they can remain until their I-94 expires or 60 days have elapsed, whichever comes first.

How Long Can You Remain in the U.S. on an E-3 Visa?

E-3 visa holders have the initial right to remain in the United States for two years; however, their status can be extended indefinitely in two-year increments. Furthermore, spouses and children of E-3 holders may obtain their own visa status depending on their relationship to their principal.

Though not as widely recognized as its counterparts, E-3 visas offer Australian professionals looking to work in the United States an alternative that covers more job roles than Canadian TN visas which only exist for certain specialty occupations.

E-3 visa applicants must meet several stringent requirements to be eligible for their visa, usually including collecting supporting documents and attending an interview with a US consular officer. An experienced immigration attorney can help prepare you for this interview while also making sure all required documents are submitted timely.

Once you have filed the necessary forms and paid fees, you must wait for notice that your visa has been approved before beginning work in the U.S. Once approved, renewal documents for your specialty occupation visa should be prepared by an attorney as quickly as possible to ensure uninterrupted employment opportunities.

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

If you are an Australian national who wishes to work in the United States, an E-3 visa could be an ideal solution. This nonimmigrant visa is limited only to qualified Australian nationals and permits two-year extensions at a time; dependent spouses and children of E-3 dependent status can also enter under E-3 dependent status; its annual numerical cap hasn’t yet been reached.

However, to qualify for an E-3 visa you must meet certain criteria. These include having a job in a specialty occupation as defined by USCIS: one which requires theoretical and practical application of highly specialized knowledge as well as obtaining at least a bachelor’s degree or higher degree within that specialty; additionally an offer must come from an American employer.

Before filing Form I-129, Petition for a Nonimmigrant Worker, your American employer must submit a Labor Condition Application (LCA) to the Department of Labor on your behalf. This process can be time consuming and the USCIS may request additional information; you should hire a skilled lawyer to gather and submit all supporting documentation.

Your attorney should explain the advantages of an E-3 visa and outline its fees, such as filing fee of $325 for Form I-129 and Affidavit of Support filing fee of $160. He or she should also advise you whether premium processing for your case would be faster.