Working With an E-3 Visa Lawyer

The E-3 visa is available to Australian nationals and their spouses/dependent children who hold Australian residency status, subject to an annual numerical cap of 10,500; this cap is rarely reached.

Brad provides advice to physicians, teachers, business executives and information technology professionals regarding US immigration matters. In addition, he assists manufacturers, universities and hospitals recruit foreign workers.

Specialty Occupation

E-3 visas are available to Australian nationals who meet certain criteria and may remain for up to two years, being extended easily if needed. They also allow dependent spouses and children to come with them into the United States easily. While application processes for E-3 visas tend to be smooth and straightforward compared with other work visas for Australian citizens, it’s still wise to consult an experienced E-3 lawyer when filing one as they can ensure your application is complete and accurate.

E-3 visa applicants must come solely for the purpose of providing services in a specialty occupation. Such jobs involve both theoretical and practical application of knowledge from different fields into professional practice, while also requiring at least a bachelor’s degree in their area of expertise. Examples of such occupations could include positions such as information technology, architecture, engineering, mathematics science medicine and education.

For your position to meet USCIS’ criteria, proof of education, employment and credentials will need to be presented. A letter of opinion from an external organization such as a law firm or Chief Technology Officer that can attest to its qualifications could also help. Doing this can prevent an RFE being issued by USCIS.

Job Offer

The E-3 visa classification is open to Australian citizens entering the US for work in specialty occupations. It was created under Public Law 109-13 – Emergency Supplemental Appropriations Act for Defense, Global War on Terror and Tsunami Relief 2005.

To qualify for an E-3 visa in the US, you must receive an offer from an employer and meet certain criteria of your position. This could mean full-time work in a specialty occupation requiring your education and qualifications such as teaching or research jobs in fields related to your studies or expertise or any employment where the prevailing wage for that area exists.

Additionally, job offers must include a Labor Condition Application (LCA). A USCIS officer will review this LCA to ascertain that it satisfies all the required elements; an experienced immigration attorney can prepare and submit this application on time.

Your spouse and children, if applicable, can join you in E-3 status. If your job changes, maintaining status can be done by filing a Change of Employer Petitions with USCIS or by changing worksite locations.

Labor Condition Application

The Labor Condition Application is a form that US sponsors file with the Department of Labor (DOL). It includes attestations by employers regarding wages and working conditions for foreign nationals looking to work in the US, which must also include evidence that meets all E-3 visa criteria and has met USCIS requirements. It must be included as part of any E3 petition submission; also included should be evidence that employer has fulfilled any other requirements associated with an E-3 visa petition submission.

Employers in the US are required to disclose the name, address and phone number of a labor dispute resolution officer at their workplace, notify employee bargaining representatives about it and post two notices about it in places employees can see it.

The E3 visa can be renewed up to two years at a time and allows its holders’ dependent spouses and children to live and work in the US with them. Unlike other work visas, such as H-1Bs or L1s, this one can be obtained at US consulates or embassies directly instead of through premium processing, making the process of application for this visa much faster. It is wise to seek advice from an attorney when applying for this type of work visa.

Consulate Interview

An E3 visa consulate interview is the final step to obtain one. This meeting can be scheduled through Form DS-160 and completed anywhere where USCIS maintains consular offices. Once scheduled, bring with you a copy of your approved LCA, along with valid passport and your original appointment letter from National Visa Center (NVC).

On the day of your interview, make sure that you arrive early. Many embassy and consular offices often have long lines outside due to limited capacity or other logistical considerations.

Bring copies of your passport, biographic pages for spouse and children as well as sealed results from medical exams performed by panel physicians, sealed results from any panel physician medical exams performed, police certificates from every place you have lived since age 16, and your police certificates for each place lived since then.

As with any interview, be prepared to answer questions about your background and work history in an honest, straightforward manner. Remember, an officer will be looking for natural responses; do not memorize answers or attempt to sound unnatural as this will erode credibility and undermine trustworthiness. Remain relaxed while answering these questions – the process should go smoother than anticipated!