E3 Visa Lawyer NYC – Apply Directly at a US Consulate Abroad

e3 visa lawyer nyc

The E-3 visa is specifically tailored towards Australian nationals looking to work in specialty occupations in the US. Unlike some other visas, E-3 applicants may submit their applications directly at a US Consulate abroad.

Sky Usa Law can assist employers in efficiently completing this step by providing information and advice as necessary.

Specialty Occupation

An E3 visa is a work permit issued by the United States that enables Australian citizens to work in specialty occupations in specialty jobs in specialty occupations. It may be granted indefinitely in two-year increments and is easier to qualify for than H-1B instances, although as with other nonimmigrant visas it requires proof of eligibility and qualification – specifically you must have been classified as working a specialty job when applying.

Specialty occupations are those in which an advanced degree is typically necessary for entry into their field. To demonstrate that your position meets this criterion, USCIS requires evidence demonstrating the nature and complexity of its job duties that often correspond with having earned at least a bachelor’s degree – such as job announcements, industry publications or expert written opinions. Furthermore, USCIS evaluates whether these occupational duties require rare skills that only a few possess.

Many types of jobs qualify as specialty occupations, including architects, engineers, professors, teachers and lawyers/attorneys. Less common professions may also qualify such as animators, film/television directors and other artistic positions. If you are one of few who can operate specialized equipment and get paid to use it then this could qualify as a specialty occupation.

Labor Condition Application

The Labor Condition Application, or LCA, is the initial step in hiring foreign workers formally. This form provides information regarding wages, working conditions and other details of the position being filled; additionally it requires employers to demonstrate they took steps to recruit U.S. workers for it as well. LCAs can be filed online at the Department of Labor website and typically take about a week for approval.

Law requires employers applying for H-1B, H-1B1, and E-3 nonimmigrant visa status to submit a Labor Condition Assessment (LCA), certified by the Department of Labor before filing work visa petitions with USCIS. Most often submitted along with Form I-129 applications or after certification has taken place; sometimes employers make corrections after receiving certification of their LCAs.

Employers must keep copies of LCAs filed for each employee in their public files as well as provide one to them directly. LCAs typically last three years before expiring or being certified, however if an employee changes employers prior to expiration they must file another one and certify it before beginning work with their new employer.

Consulate Interviews

The E-3 visa is a nonimmigrant visa designed specifically to meet Australian citizens seeking employment in specialty occupations in the US. This unique program does not require petition and interview processes that other nonimmigrant visas such as H1B require; applicants still need LCA approval from their employer, complete Form DS-160 and meet with consular officers but with much less stringency than usual.

At an E3 visa interview, the USCIS examiner will conduct an in-depth evaluation of professional credentials to ascertain if the applicant meets all necessary criteria for receiving their visa. They must possess at least a bachelor’s degree or equivalent work experience in their field and often professional licenses will also be necessary in order to be considered eligible. Furthermore, strong links must exist between Australia and the United States in order for this visa application process to proceed successfully.

Immigration lawyers can assist their clients in preparing for E3 visa interviews by making sure all necessary documents and fees have been submitted on time, as well as helping prepare the client for any potential questions that arise during their interview and answer any that arise during it. Though interviews can often be short and fast, remaining calm and confident during each meeting is key.

Petition

Like its H1B counterpart, the E-3 visa does not require employer sponsorship for application. Instead, an individual may file their petition directly with USCIS with evidence of employment within a specialization occupation and provide USCIS with proof thereof. Each year 10500 E-3 visas are made available allowing spouses to work as well.

The E-3 visa program originated as part of a controversial Bush-era immigration bill and remains one of the most unique work visa programs ever since its implementation. The program permits Australian citizens to come to the US and perform any professional specialty occupation for which they hold at least a bachelor’s degree.

While not as widely popular as H-1B visas, E-3 visas still provide many of the same advantages such as shorter application and renewal processes and no cap on number of issued visas; dual intent permanent residency intent; indefinite renewal periods in two year increments as opposed to three renewals (H-1Bs cannot go beyond this limit).

We have extensive experience helping professionals and their families obtain E-3 visas as well as other nonimmigrant statuses such as O-1 Extraordinary Ability status, TN status under the North American Free Trade Agreement (now part of USMCA) and PERM/labor certifications for permanent resident status. Our firm represents employers of all sizes – both large corporations as well as startups.