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

e3 visa lawyer union county

E3 visa holders must only work in their specialty occupation, and their U.S employer must offer enough qualifying assignments for them to support employment in this capacity. Furthermore, their actual wage must meet or surpass local prevailing wages.

The E3 visa process is typically much faster than other nonimmigrant visas; however, numerous factors can affect processing times.

Prevailing Wage

E3 workers qualify for E3 visas if they possess either a bachelor’s degree or its equivalent in their specialty field and have been offered work that pays at or above the prevailing wage in their region of employment. The prevailing wage refers to an average rate for similar jobs in that location and takes into account factors like employer type, location and education/experience requirements when setting it. It is determined by the National Prevailing Wage Center (NPWC).

Employers in the U.S. sponsoring E3 visa workers must also demonstrate that they possess the financial capacity to offer them the prevailing wage, typically through providing evidence that shows they have previously hired and recruited employees with similar educational backgrounds and work experiences as the E3 visa worker in question.

E3 visa workers should understand that their temporary visas only permit limited dual intent, and file their petition for green card before the end of their current employment period. As this can take a considerable amount of time and requires various steps, E3 workers are often advised to hire a professional application assistance service for this process.

Labor Condition Application (LCA)

Foreign nationals employed in specialty occupations as defined by the Department of Labor are eligible for an E-3 visa in the US. This visa caters specifically for workers holding at least a bachelor’s degree in their area of specialization that require both theoretical and practical application of highly specialized knowledge to perform job duties effectively.

Employers wishing to obtain an E-3 visa must submit a Labor Condition Application (LCA) with the Department of Labor. In this document, employers attest that they will pay any foreign workers the prevailing wage determined by the National Prevailing Wage Center and post this LCA in two conspicuous locations for at least ten days after filing it with DOL.

The prevailing wage must be comparable to the average rate of wages for workers employed in the same occupation in the locality where employment takes place, not taking into account factors like an employer’s size or financial health. Furthermore, employers must attest that they will make good faith efforts to recruit U.S. workers for these positions; failure to do so may result in fines as well as disqualifying them from further H-1B visa applications for up to three years if violations occur.

Labor Certification (LC)

Before an E-3 visa can be granted to a foreign national, their employer must submit a labor certification (LC) application with the U.S. Department of Labor demonstrating that admitting the alien will not negatively impact job opportunities, wages or working conditions for domestic workers. Typically this process takes several weeks; however this could vary depending on factors like whether a Request for Evidence was issued as well as caseloads at USCIS service centers and U.S. consulates/embassy locations.

The Labor Certification application must include the prevailing wage data, job duties and qualifications requirements of the position being filled, evidence that reasonable recruitment efforts have been undertaken by the company and attestations by the person filling it. Certain professions may require attainment of a bachelor’s degree; those unable to meet this standard are allowed to substitute other combinations of formal education, training and work experience in place of this requirement.

If the Labor Certification (LC) application is approved, the employer may submit an I-140 petition on behalf of their employee with USCIS. An individual granted an E-3 visa may remain in the United States for up to two years at a time and be extended further in increments of two years; dependent family members can accompanying worker in E-3 status.

Green Card

The E3 visa offers foreign nationals several advantages over its H1B counterpart, including smooth transitions between employers, spouse and child inclusion, low costs and unrestricted employment in the US without restrictions to your family relocation – unlike H1B workers who must remain within specific regions and limit travels. You can also switch occupations if your current one no longer fulfills you.

To qualify for an E3 visa, applicants must possess both a bachelor’s degree and at least five years of post-college progressive work experience in your specialty occupation. You will also require a valid passport and letter from your employer detailing employment terms; minimum education and language requirements must also be met as determined by USCIS review of previous employees in similar roles at sponsoring employers who hold similar positions to you in terms of education background, work experiences, job responsibilities etc.

Though an E3 visa doesn’t permit you to become a green card holder, it may still be possible to petition for immigrant status while on it. Note, however, that its dual intent permits limited dual intent status, meaning your intentions as regards permanent residency will only become known when applying for immigrant status. Thus it’s essential that you strategically plan when you submit your green card application.