E3 Visa Green Card – How to Get an E3 Visa Green Card

e3 visa green card

E3 visas provide Australian citizens who want to temporarily work in the US with an excellent option. Based on a treaty between Australia and America, this type of visa allows you to specialize in an occupational field.

The E3 visa provides many advantages, including low application costs and fast processing times; transition between employers is straightforward; but this visa doesn’t lead directly to permanent residency or green cards.

Job offer

The E3 visa is a work visa designed to permit Australian citizens to reside and work in the US. It requires a sponsoring US employer who can offer an eligible job position at an applicable specialty occupation that pays the appropriate wage; plus be able to show that there are sufficient assignments or projects within that specialty occupation that warrant hiring someone as part of its roster of assignments or projects in that specialty occupation.

After working for their sponsoring US employer for two years on E3 visa status, E3 visa holders may submit their renewal application before it expires – however this process could take up to five months for USCIS review and ensure they continue meeting all visa requirements.

To be eligible for an E3 visa, individuals must possess a degree related to their specialty occupation and degree should correspond with its specific job duties. While E3 visa program doesn’t list eligible jobs specifically, you may still find something suitable using Occupational Information Network website – searchable jobs matching criteria in specialty and Skype interviews until a suitable position arises.

Labor condition application (LCA)

Your employer should file an LCA with the US Department of Labor to certify that your job meets specific criteria before beginning employment in America. Its primary function is to ensure your work does not negatively impact wages and working conditions for US workers; certification must occur no later than six months from when employment began.

Before filing an LCA, your employer must first verify its Federal Employer Identification Number (FEIN) with the Department of Labor. Processing time usually ranges between 5 and 10 business days for this process to complete and once approved by DOL, your U.S.-based employer will submit Form I-129 Petition for Nonimmigrant Worker on your behalf.

Your employer must also share the LCA with any employee bargaining representatives for workers in your occupation or, if none exist, post it for 10 days in two conspicuous locations at each place of employment. The application should include both a prevailing wage estimate and an actual wage estimate for the position for which you will be hired – you will receive the higher estimate as your pay rate. Furthermore, LCAs should be posted using the language most used by your employer when communicating with employees.

Employment authorization document (EAD)

As a nonimmigrant looking to work in the USA, it is vital that your immigration documents are in order. Of particular note is an Employment Authorization Document (EAD). An EAD allows legal work authorization in the US – this plastic card features your name, photo and duration of validity.

EADs are issued for one year and must be renewed before their expiration date. Depending on your visa category, renewal could occur multiple times; whether or not an EAD can be renewed ultimately depends on how long one has resided in the U.S. as well as what their immigration status is.

To file for an EAD, fill out Form I-765. Filing online is generally the fastest option; alternatively you may mail or submit it at a USCIS field office. Processing usually takes 90 days before USCIS sends or requests that you pick it up in person.

If your EAD application is denied, if possible file either a motion to reopen or reconsider with the USCIS office that made the unfavorable decision. In either instance, new evidence must be presented as part of a motion to reopen while incorrect applications of law or policy by USCIS must be highlighted as grounds for reconsideration.

Consular processing

The E3 visa is a nonimmigrant work visa designed to enable Australian citizens to perform services in specialty occupations in the US. Ideal for professionals holding bachelor’s degrees or higher in their field of work, this nonimmigrant visa can be extended every two years for up to four years at a time and transferred seamlessly between employers so long as the job stays within its specialty occupation category.

To apply for an E-3 visa, you must possess a valid passport and meet academic and occupational criteria. Your employer must file Form I-129 Petition for Nonimmigrant Worker on your behalf with all required statements of support and documents supporting you; you must demonstrate that a fair salary will be provided as well as that your job duties can be performed efficiently while being in the U.S. If licensure is necessary for your position, evidence that licensing can be secured within an acceptable period must also be provided in your petition.

Once you hold an E-3 visa, you may apply for permanent residency via family, employment, or investment immigration channels. A green card grants all the advantages associated with US citizenship – for more information about how and which documents will need to be provided when making this process easier, consult an immigration attorney immediately.