E3 Visa Lawyer – Clinton County Immigration Attorney

e3 visa lawyer clinton county

E3 visas are granted to nationals of Australia entering the US to work in specialty occupations. Their employer must file a petition with USCIS; dependent spouses and children of E3 visa holders do not count towards the annual quota limit.

E3 visas offer Australians more convenience as they do not require labor certification and can be processed quickly.

Requirements for E3 Visa

The E3 visa was created as part of Australia-United States Free Trade Agreement (AUSFTA). This visa permits Australian citizens working in specialty occupations to come and work in the US; their spouses and children may join them; there are 10,500 available E3 visas annually.

Application process for E3 visa is extensive and requires many supporting documents, in addition to an LCA. Proof of your education and employment experience are essential documents, while letters from previous employers detailing your history is also an integral component. Your interview at the US Embassy will play an integral part of your application; an Embassy official will review your case while asking you about qualifications, career goals and intentions to return back home once your time in America has concluded.

An E3 visa application typically takes the Embassy or Consulate between four to six weeks to process depending on their workload and individual circumstances.

Filing an E3 Visa Petition

Are You from Australia Looking to Start Working in the US? The E-3 Visa may be perfect! This special work visa offers access to Australian citizens entering the US to perform services in an occupation related field.

To qualify for an E-3 visa in the US, you must possess a job offer from an employer in a “specialized occupation.” A specialty occupation can be defined as any occupation which requires highly specialized theoretical and practical knowledge in its performance and requires at least a bachelor’s degree as a minimum entry requirement into it.

Additionally, an E-3 visa cannot be applied for while in the US on another nonimmigrant status (such as F-1 or J-1). If this is your situation, then leaving the country and applying at a US consulate overseas for your E-3 will require extensive interviews with consular officers as well as providing additional documentation.

Filing an E3 Visa Change of Status Petition

The E-3 visa is a nonimmigrant work visa specifically tailored for Australian citizens, permitting them to pursue specialty occupations in the US with a two-year renewal cycle. There are certain criteria which must be fulfilled in order to be granted this visa; among these is academic and occupational background in their chosen specialty occupation as well as receiving at least the minimum wage pay rate.

E-3 workers may change jobs within the United States without reentering, provided they file an amended petition and LCA with their new employer as proof that their occupation qualifies.

If an applicant lives outside the US, they can submit a change of status application through either the USCIS Vermont Service Center or consulate abroad. Processing times typically tend to be faster – though international airfare and travel expenses must still be covered before proceeding with this route. Furthermore, their qualifications must be demonstrated through supporting statements from US companies as well as an approved LCA form.

Filing an E3 Visa Change of Employer Petition

If you are in the US on E-3 visa status, applying to change employers may require filing an LCA from your new company and filing a petition with USCIS – processing times vary depending on where your location and case are being handled by USCIS.

E-3 professionals seeking a job change may do so at any time, provided their new petition has been approved by USCIS – this process may take months and cannot be expedited.

Typically, to petition for nonimmigrant worker status you will require filling out Form I-129: Petition for Nonimmigrant Worker and providing proof of your ability to perform the job and a support letter from your new company. Next step should be attending a consular interview where all documents including passport will need to be brought along and after which a consular officer will decide whether you should receive or deny your visa – this process typically takes several weeks.

Filing an E3 Visa Extension Petition

If you are an Australian citizen in the US with an expiring visa, there are various ways to extend it. Either you may leave and apply for an E-3 visa through US Embassy/Consular offices abroad; or have your employer file an extension petition with USCIS on your behalf. In either case, it is crucial that this process begins well in advance.

If your employer files an extension petition prior to the expiration of your visa, you will be permitted to continue working authorised for up to 240 days while the petition is pending; however, this does not renew your visa label in your passport, so in order to travel outside the country you will require a valid stamp.

If your visa is about to expire, it would be wise to consult an immigration attorney about your options. They can help explain them and prepare all the documents required for your case.