How Long To Receive Form 797 After Filing For E3 Visa?

Australian professionals looking to work in the United States may want to consider E-3 visas as an attractive solution. Valid for two years and extendable indefinitely, these visas also permit spouses and children to work within the US – unlike H1B visas which have strict quota restrictions – they can be obtained at any US Consulate or Embassy worldwide.

Step One in the E3 Process for Employers involves filing a Labor Condition Application (LCA) with the Department of Labor (DOL). Your LCA must first be approved before proceeding further with your application – typically this takes 5 to 10 business days to process.

Once your LCA has been approved, you should gather all required documents and schedule an interview at an Embassy or Consulate abroad. However, please bear in mind that due to pandemic induced delays with application processing it may take longer than usual for you to get an interview slot. It is advised to seek professional immigration legal advice prior to starting this process in order to ensure all paperwork is submitted accurately.

At your interview with the US Embassy official, they will evaluate your case and ask you questions regarding your work history and qualifications. In addition, they may inquire as to your plans to return back home once your time in America has expired – ensure all answers provided by them are honest as this could lead to being denied a visa!

After your interview, the US Embassy will notify you of their decision regarding your E3 visa application. If approved, your passport can then be submitted for stamping – usually taking around two months. Afterward, it is wise to check all pages in your passport for accuracy regarding dates, names of employers and personal data such as dates.

Switching employers is possible when in E-3 status, though this should only be done if the new job requires higher educational credentials or specialty occupation requirements. Before making such changes, an extension/change of status from USCIS should first be obtained before altering your employment situation.

Travel outside of the United States while your E-3 petition is still pending is generally discouraged; if necessary, contact your supervisor and FSIS prior to travelling to discuss whether an extension of employment authorization or change of status might be needed.