E3 Visa Attorney NYC

e3 visa attorney nyc

U.S. businesses and individuals entrust us with their visa needs for E3 work visas and other work visas, family petitions, waivers of bars to admissibility proceedings in Immigration Court proceedings, appeals or any other relief measures they require – be they E3, National Interest Petition (NIP) or Immigrant Petition categories (EB1). We specialize in handling these processes regularly with exceptional expertise and consistently achieve positive results for them all.

Australian nationals possessing specialty occupation skills can apply for an E-3 visa. Our firm can quickly prepare and file the necessary application documents, including Labor Condition Application forms.

E-3 Visa Requirements

E3 visas are granted to professionals from Australia hired by US employers in specialty occupations that typically require at least a bachelor’s degree and the prevailing wage in their field of employment. Furthermore, unlike with some other types of visas, spouses and children of E-3 visa holders can work.

Employers seeking visas for their employees must first file a Labor Condition Application (LCA) with USCIS; typically this form should accompany Form I-129 which serves as visa petition form.

An LCA must be certified by the Department of Labor. Furthermore, an official job offer letter is essential in providing details about duties and salary of the position – this document should be signed off by both hiring manager and employee and should contain information such as business license details from your employer.

Once an LCA is approved, an employee can complete their nonimmigrant visa application using either the Department of State’s website or call center; additionally they will need to pay any applicable fees.

Dependent upon your location and circumstances, receiving an E-3 visa decision could take several weeks. Furthermore, due to the pandemic’s impact on processing backlogs at embassies worldwide.

E-3 Extensions

E-3 visa extensions can be granted indefinitely as long as the holder meets all requirements for their nonimmigrant status visa (non-immigrant). As this visa does not offer permanent residency or citizenship status.

As opposed to H-1B visa requirements that stipulate occupation must fall into “specialty occupations” as per US-Australia Free Trade Agreement, there is no such stipulation for E-3 visa category; however, employers must still file a Labor Condition Application (LCA) to ensure they pay foreign workers an hourly wage that at least equals prevailing wages in their industry.

The Labor Certification Application process takes up to ten days and is mandatory for employers who employ foreign workers. Employers use it as proof that no US employee qualified for their position; additionally, this allows the Department of Labor to enforce antidiscrimination laws which may pertain to E-3 visa holders.

If your E-3 visa is about to expire, filing an extension petition with USCIS from within the US can allow you to extend it before it runs out and allow you to remain working until an agency decides.

E-3 Deportation

The E-3 visa is a nonimmigrant work visa available only to Australian citizens traveling to the US to provide specialty occupation services. In order to be eligible, at least a bachelor’s degree or its equivalent is necessary in your specialty area, or substantial knowledge in an academic field requiring theoretical and practical application. Your sponsoring employer must file with the Department of Labor an employment condition application showing they will pay you at the prevailing wage in your position area, without interfering or using you to defeat strikes or lock outs.

Once your Labor Condition Application (LCA) has been approved, your prospective U.S. employer will submit your Form ETA-9035 E-3 visa application along with a copy of your approved LCA to either USCIS or an overseas consular office for processing. In such an application process, an interview may be scheduled with a consular officer and your New York immigration lawyer can assist in preparing you for such interviews.

Though an E-3 status visa is nonimmigrant status, if you can demonstrate continuous employment in a specialty occupation you could become eligible to change to permanent resident (green card). Your E-3 visa can also be extended indefinitely in two year increments while spouses and children of E-3 visa holders may obtain dependent visas as well.

E-3 Green Card

Australian citizens with job offers in US specialty occupations can apply for an E-3 nonimmigrant temporary visa. This temporary nonimmigrant visa is meant for workers requiring a bachelor’s degree or higher; to qualify, a valid passport and fulfilling all education and employment criteria of this visa are necessary.

Your employer must submit a Labor Certification Application (LCA) with the Department of Labor to become your sponsor. An LCA should demonstrate that your role will not negatively affect wages and working conditions of US workers in similar fields, and demonstrate that no US worker could perform your responsibilities.

Once reviewed and certified for approval by the Department of Labor, submit the LCA to USCIS with Form I-129: Petition for Nonimmigrant Worker as well as supporting documents.

Your spouse and children may join you as E-3 dependents, though they cannot work in the US independently. To remain eligible, E-3 visa holders must renew them every two years to maintain their status; although this visa doesn’t lead directly to permanent residency status in America, it provides Australian citizens an excellent pathway into American life and work.