E3 Visa Lawyer Colorado

e3 visa lawyer colorado

The E3 visa is designed specifically for Australian nationals seeking to relocate permanently to the US. There is no annual quota; applicants must fulfill all eligibility criteria and show they intend to leave upon completion of their status.

An E3 visa may be beneficial in your situation and a US immigration lawyer can assist in making that assessment.

E-3 Visas Are Available

The E-3 Visa is available to foreign nationals who want to work in the US. A few documents are essential when applying for an E-3 visa application: support statement from employers, Form ETA 9035, and academic credentials. Unlike the H-1B Visa which has more stringent requirements, an E-3 application focuses more on meeting U.S.-Australia Free Trade Agreement standards than strict compliance issues.

An integral component of an E-3 visa petition is filing the Labor Condition Application (LCA). The LCA serves two functions, showing both that an employer could not find qualified US workers and providing evidence of fair pay for foreign national employees. Processing time typically ranges between 5-10 business days with no filing fees associated with it.

At an E-3 interview, applicants must present all supporting documentation such as an LCA and passport to ensure an efficient process and avoid delays or issues during processing. Furthermore, an experienced immigration attorney should prepare your visa petition in advance to minimize issues or delays during this step of the application process.

An E-3 visa offers many advantages over its predecessors, such as being obtained without filing a change of status petition with USCIS; instead it can be acquired directly from a US Consulate abroad, making the process faster than filing such petitions with USCIS.

E-3 Visas Can Be Renewed

The E-3 visa can last for two years and may be renewed indefinitely – providing that its holder remains non-immigrant in intent (i.e. they do not intend to pursue permanent residency or a green card). There is no maximum annual allocation of E-3 visas.

Before applying for an E-3 visa, your sponsoring employer must submit a Labor Condition Application (LCA) with the Department of Labor to demonstrate that all requirements have been fulfilled for your visa – which include paying you at either your prevailing wage or your actual wage, not taking away jobs from current employees, not interfering or using your position to break strikes or lockouts, and being publicly posted at work sites for sufficient amounts of time.

Once your LCA has been approved, the remainder of your visa application can be submitted with a US Consulate in your country of residence. An interview may be necessary depending on each consulate and their individual workload due to the coronavirus pandemic.

E-3 visa applicants typically must present their sponsoring employer with an official letterhead on which to write a support letter outlining background information about them, your specialty occupation and salary details as well as qualifications that distinguish you as uniquely suited for the position. They also require copies of passport and supporting documents (i.e. biographic pages of spouse and children if applicable).

E-3 Visas Are Not Subject to the H-1B Cap

E-3 Visas do not fall under an annual cap, providing those seeking employment in IT specialization, elementary and secondary school teaching positions, college professoriship or any related field a way to enter the US for two years with no more than one employer as sponsors for this nonimmigrant visa.

An E-3 visa applicant must hold a bachelor’s degree and possess relevant work experience in either education, IT, or research fields. With only 10,500 being available each year (of which half is taken up), repeat applicants and their families do not count against this quota.

Individuals seeking an E-3 visa should submit an LCA to the Department of Labor along with either an I-129 or DS-160 form depending on whether filing within or abroad from US consulates; premium processing is available for these visas; those in F-1 status can submit a change of status request on this visa too. Congress determines an annual H-1B quota starting on October 1 and it can be affected by random lotteries; some positions, like those at public institutions are exempt from it altogether.

E-3 Visas Can Be Extended

An E-3 visa can last for two years and may be extended indefinitely, making it an attractive choice for individuals planning on staying in the U.S. for long periods. However, keep in mind that an E-3 visa only applies to specialty occupation workers – should their employment status change, an amended petition and new LCA will need to be filed with USCIS for consideration.

E-3 visa holders cannot transfer into another visa category while within the US, meaning that to extend it before its expiration. Furthermore, should they wish to travel outside the country they must submit both a petition and LCA with each consulate they visit.

USCIS now provides premium processing for E-3 petitions, which can help speed up the process significantly. However, it should be remembered that an E-3 visa does not permit dual intent; individuals should always intend on leaving when their visa expires; filing an immigration petition or permanent labor certification application while in E-3 status will constitute violating their visa status.