South Dakota E3 Visa Lawyer

Immigration law can be an intricate subject. If you require help navigating it, an E3 visa attorney in South Dakota could provide invaluable assistance.

The E-3 visa is available to nationals of Australia who wish to pursue speciality occupations and has been valid for two years with renewal options indefinitely. Furthermore, dependent spouses and children of Australian nationals may work under its auspices.

What is an E-3 visa?

An E-3 visa is an employment-based nonimmigrant visa which allows Australian citizens to work in the US for specific employers. It typically lasts two years but may be extended indefinitely, and spouses and children of visa holders may also be included on it.

As opposed to H-1B visas, E-3 visas do not have any caps placed upon them each fiscal year; however, their recipients must meet specific criteria such as having jobs that require at least a bachelor’s degree for eligibility. Part of “E” category established by Immigration Reform and Control Act of 1986.

Visa holders must be sponsored by an employer who agrees to pay them the prevailing wage for their position and be engaged in a specialty occupation, defined by regulations as one requiring “theoretical and practical application of highly specialized knowledge in an area of endeavor”.

Employers must submit Form I-129 on behalf of employees requesting immigrating to the US. Once approved, once their petition has been granted they can travel with valid passport and I-94 Arrival/Departure Record to enter.

What are the requirements for an E-3 visa?

The E-3 visa is a nonimmigrant work visa available to Australian professionals who have received employment offers in specialty occupations in the US. Similar to H-1B, its eligibility requirements and allocation limit is 10 500 each fiscal year; workers seeking such an E-3 visa must possess either a bachelor’s degree in their specific specialty area, equivalent education and experience or be sponsored by their employer as sponsors for visa application.

Visa applicants must submit an I-129 to USCIS with a labor condition application (LCA), signed off by the Department of Labor. The LCA must demonstrate that a specialty occupation will be performed and paid at least the prevailing wage; applications may be submitted either within or from Australia.

One of the main benefits of an E-3 visa is its family-oriented nature; spouses and children may be included on one visa, making the transition easier for families moving together to the US. Furthermore, E-3 holders can easily switch jobs without leaving or filing new petitions if desired.

How do I apply for an E-3 visa?

The E-3 visa is offered to Australian nationals with at least a bachelor’s degree and work experience in a specialty occupation that pays at or above the prevailing wage. Furthermore, this visa entitles spouses and children of its holders to gain employment authorization. Annual numerical restrictions have never been reached on this visa.

E-3 visa applications are fast and simple compared to other nonimmigrant employment-based visas, making them an attractive option for companies looking for top Australian talent. Candidates can submit their direct applications directly to a US Consulate rather than filing an I-129 petition first with USCIS; making this visa the perfect solution.

Other advantages of the E-3 visa include fast processing times and unlimited renewals; applicants who use premium processing can receive their visa in as few as five to seven days, while holders benefit from flexible transition between employers; in case their paid employment ends they have up to 60 days during which time they can find new work opportunities.

If you are interested in applying for an E-3 visa, our firm offers expert legal guidance. We can prepare and file all the required documentation on your behalf; review your circumstances to suggest an effective strategy; explain the process so you can make an informed decision; and assist with answering questions about what documents may be needed from other government departments.

What are the benefits of an E-3 visa?

The E3 visa provides many advantages to both US companies and Australian workers, such as reduced application fees, fast processing time and unlimited renewals. Unlike its H1B counterpart which requires employers to compete annually for lottery spots, the E-3 does not have a cap and approval is determined case-by-case.

The visa also makes for smooth transitions between employers, an important advantage for employees already living in the U.S. If an employee changes jobs within 10 days, he or she can file a Labor Condition Application (LCA) and amend their existing petition – simplifying relocation efforts from Australia.

E-3 visa holders also enjoy an additional advantage: their spouses and children may obtain work authorization in the US more easily, speeding up family relocating processes significantly. This benefit is especially welcome given how difficult obtaining employment authorization for dependents of H1B visa holders can be.

Australian employees seeking an E-3 visa may either file their request within the US or at one of its consulates abroad, depending on their particular circumstance. Filing at a consulate abroad typically offers significantly faster processing as this route doesn’t require filing with government offices within US borders.