E-3 Visa Lawyers – Why You Need an E-3 Visa Lawyer

e3 visa lawyer new york

Immigration law can be complex and involves numerous intricate details. Our team of E-3 visa lawyers can help guide your case and ensure it is handled appropriately.

Australian nationals can apply for the US special E-3 visa. Our firm can assist clients in securing this visa as well as filing Labor Condition Applications.

What is an E-3 Visa?

The E-3 visa classification applies to nationals of Australia traveling to the US to perform services in a specialty occupation. By definition, this means an occupation that requires theoretical and practical application of specialized knowledge across multiple professional disciplines; additionally it must also require at least a bachelor’s degree as a prerequisite to entry.

In order to be eligible for an E-3 visa, it is necessary that you receive an offer of employment from a U.S.-based employer who will file a Labor Condition Application (LCA) with the Department of Labor on your behalf. Once approved, all necessary documents should be collected and an interview scheduled at either an American Consulate or Embassy near where you live.

If you are currently in the US on another visa or waiver program, applying for an E-3 visa through USCIS via a change of status request is an option; however it’s usually more logical and efficient to trigger E-3 status at one of our Consulates abroad for premium processing as well as providing more flexibility if international travel becomes necessary in the future.

Like other non-immigrant visas, E-3 status will expire either when your employment with an approved sponsor ends or your I-797 Approval Notice expires. If your status ends prior to this date, however, a 60-day grace period may be available to give you enough time to find new employment.

Who qualifies for an E-3 Visa?

E-3 visas are available to Australian citizens who hold employment in the US that requires both theoretical and practical application of highly specialized knowledge. In order to qualify, such jobs must require at least a bachelor’s degree or equivalent work experience in that specific field or equivalent work experience and an E-3 job application filed with the Department of Labor demonstrating they cannot find qualified US nationals for that position, in addition to paying the prevailing wage.

One major advantage of an E-3 visa over other temporary employment-based visas is its exemption from USCIS petition requirements; this enables candidates to directly apply at US consates offices for their visa stamp, speeding up the application process.

Before applying for an E-3 visa, applicants should still provide essential documents, including a copy of their LCA, job offer letter from US companies and proof of academic qualifications. Furthermore, specialty occupations that require licensure should provide evidence that proves eligibility in that area. Typically E-3 visa holders can remain in the US up to two years and can extend it with unlimited two-year extensions; spouses and dependent children under 21 can travel along on dependent visas issued under E-3 status.

How long does an E-3 Visa last?

E-3 visas are granted based on the validity of an LCA from your US employer, so it’s vitally important that they obtain one and submit it promptly to the Department of Labor – this document certifies that at least your prevailing wage in specialty occupation is being met and no exploitative practices are taking place.

E-3 Visas differ from other employment-based visas in that there is no annual cap or two-year extension window; qualifying individuals can even extend their E-3 status for up to five years at once! This gives lawful status during that period.

E-3 Visa holders also enjoy the distinct advantage of not needing to show intent upon returning home when their stay concludes; unlike other visas, E-3 permits smooth transitions between employers.

USCIS also provides premium processing for E-3 Visa applicants, greatly expediting their process of securing one. This service can be particularly advantageous to individuals already living in the US on another non-immigrant visa status who receive job offers that qualify them for E-3 status – it enables them to file a petition for change of status from within the US and begin work immediately rather than wait on USCIS for results of visa application process.

Do You Need An E-3 Visa Lawyer To Get A Visa?

E-3 visa applicants must meet several requirements in order to be granted one, such as having an American sponsor and demonstrating their qualifications. The process can be complex and can take up to 4-6 weeks; due to pandemic effects on application processing and embassies working through backlogs. Therefore, applicants should ensure all required documents are ready when applying.

An E-3 visa lawyer can be an invaluable aid in this process. In general, they will submit the Form I-129 on behalf of the applicant as well as prepare and file the Labor Condition Application (LCA), which must first be filed with the Department of Labor prior to being submitted to USCIS.

The LCA must include information proving that the position fulfills minimum requirements and does not fall within any prohibited occupational categories, as well as include specific details about its employer such as name, address and telephone number. Finally, this LCA must be certified by the Department of Labor.

Once the LCA is approved, an E-3 visa can be granted; its duration lasts two years and may be extended further if necessary. Spouses of E-3 visa holders can receive an Employment Authorization Document that allows them to work legally in the United States while children attending schools within its boundaries can also receive an EAD.