E3 Visa Lawyer – How to Find an E3 Visa Lawyer in Orange County

e3 visa lawyer orange county

The E-3 visa is a temporary employment-based visa category designed for nationals of Australia that allows foreign workers to come and work in specialty occupations in the US.

Immigration attorneys specialize in immigration law and can guide you through the arduous process of applying for an E-3 visa, or other employment-based or family visas.

Specialty Occupations

No longer restricted solely to tech workers, H1B visas enable US employers to hire foreign nationals in an array of specialty occupations requiring theoretical and practical application of specialized knowledge, with at least a bachelor’s degree as a minimum entry requirement for entry.

Employers hiring foreign nationals for specialty occupations must file an H1B nonimmigrant visa petition with the Department of Labor (DOL). Once approved, DOL will send back both copies of petition and an RFE (Request for Evidence) notice; RFE notices request proof from DOL that job satisfies specialty occupation criteria.

If an employer receives an RFE, it’s essential that they consult a specialist. Consulting with an US immigration attorney will allow them to assess whether meeting specialty occupation requirements is possible and identify any obstacles in completing the visa application correctly from the start, which will save both time and money in terms of time wasted submitting incorrect visa applications.

Prior Work Experience

US sponsoring companies must file a Labor Condition Application (LCA) for each proposed position with the Department of Labor, detailing job details such as description, location, employment period and wage. Once submitted for USCIS consideration with an E3 visa petition submitted for approval. Once this approval has been given the Australian employee can begin working in America.

An experienced E3 Visa lawyer will explain that the E3 visa offers an attractive alternative to H-1B status as it grants 2-year work authorization with no quota restrictions or requirements. Each US Consulate or Embassy processes this visa differently so it’s imperative that Australian citizens consult with the one they plan on applying at prior to applying for this type of visa.

E3 visa holders and their spouses may apply for employment authorization incident to status, which if approved would allow them to work full time in the US. Furthermore, their dependent children can study at US schools as well as become US citizens at age 21 – but USCIS may extend the visa beyond two years if compelling reasons arise.

Educational Qualifications

US Citizenship and Immigration Services (USCIS) requires foreign nationals applying for a work visa with them to possess either at least a four-year university degree, or 12 years of progressive work experience equivalent to that of a bachelor’s degree. They are also required to submit a Labor Condition Application, known as LCA, from their employers in order to pay them at least the higher of either actual wage or prevailing wage. Spouses or unmarried children of professionals holding E3 visas can obtain Employment Authorization Documents (EADs), which allow them legal work permit indefinitely within US borders. E3 status lasts up to two years per renewal cycle allowing legal work within US borders allowing legal employment rights within US law.

The E3 visa is a nonimmigrant work visa available to Australian citizens entering the US to perform services in specialty occupations, such as engineering, architecture, computer science or information technology. Each year USCIS limits the number of E3 visas issued.

If you are seeking an E3 visa, it is advisable to consult with a knowledgeable immigration attorney first. An experienced attorney can help determine the employment preference category you fall under before helping prepare the necessary documents for your application. A knowledgeable immigration attorney will also guide the entire application process from start to finish so your submission will be accurate and error-free.

Employer Requirements

The E3 visa was specifically created for Australian citizens. To apply, one needs a job offer from a US employer in a specialty occupation as well as proof of education and work experience that meet E3 visa criteria, in addition to several benefits extended to spouse and children of applicants. Although temporary, an E3 can be renewed indefinitely; its holder can even apply for an Employment Authorization Document that would allow legal working in the United States.

An E-3 visa involves an intricate application process with multiple supporting documents. The initial step requires filing a Labor Condition Application (LCA) with the Department of Labor; this document confirms that your US company could not find qualified American workers to fill your position and that any foreign national will receive at least the prevailing wage rate.

Additionally, applicants must fill out and file a nonimmigrant visa application form and pay any applicable fees. They may file this application either inside or outside of the US; those filing at consulates must secure an interview appointment first (this could take several weeks depending on current processing times); it’s wise for applicants to consult their attorney to ensure they possess all required documentation before filing their visa application.