E-3 Visa

E-3 VISA – AUSTRALIAN PROFESSIONALS

The E-3 visa is for nationals of the Commonwealth of Australia who wish to enter the US to perform services in a “specialty occupation.” There are only 10,500 E-3 visas issued each fiscal year. The time limits on these type of visas are the same as E-1 and E-2 visas (as opposed to H-1Bs), or between two and five years. More significant, however, is that they can be renewed indefinitely.

The new E-3 visa classification currently applies only to Australian nationals, their spouses and children. E-3 principal applicants must be going to the United States solely to work in a specialty occupation. The spouse and children need not be Australian citizens. It has many advantages over the other types of working visas, including the ability for spouses of E-3 recipients to apply for work authorization.

Eligibility

  1. that he or she must have a legitimate offer of employment in the US.
  2. that the position he or she is coming to fill qualifies as specialty occupation employment.
  3. that he or she is an Australian citizen.
  4. that he or she has the necessary academic or other qualifying credentials.
  5. that his or her stay will be temporary, and.
  6. if required before the alien may commence employment in the specialty occupation, that he or she has the necessary license or other official permission to practice in the specialty occupation. 

Requirements

In order to meet the U.S. Department of State’s E-3 visa requirements, the following must be presented to the consular office as part of your application:

  1. A detailed job description for the U.S. position which meets the above specifications;
  2. All credentials of the applicant including diploma and professional license indicating eligibility for the position to be worked in the U.S.;
  3. Often letters from prior or current employers exhibiting experience in the same or similar role will be required;
  4. Resume or curriculum vitae;
  5. Rudimentary information about the employer company;
  6. Proof or explanation of intent to depart the U.S. upon completion of the job assignment.

Application & Documents

Applying within the United States

The Form I-129, Petition for Non immigrant Worker is used to apply for a change of status to obtain E-3 non immigrant temporary worker classification.

Supporting Documents

Your Form I-129 must include the following documents:

  1. A Labor Condition Application (LCA) which cannot be the same application used in a previous H-1B application. Until the Department of Labor develops a new LCA for an E-3, the applicant should use the standard ETA-9035 and ask that it be annotated as an E-3 LCA.
  2. Academic or other credentials demonstrating qualifications for the position.
  3. Job offer letter or other documentation from the employer establishing that you will be engaged in a specialty occupation and that you will be paid the higher of the actual or prevailing wage.
  4. If required, before you may commence employment in the specialty occupation, you must have the necessary license or other official permission to practice in the specialty occupation.

Applying for a Visa With a U.S. Embassy or Consulate

If your petition Form I-129 is approved, we will forward a Form I-797, Notice of Action/Approval to the employer, who in turn will forward it to you. A Form I-797 approval notice is not a U.S. visa, as the visa must be obtained at a U.S. embassy or consulate abroad. After Form I-129 is approved by USCIS, the next step is to apply for a U.S. visa at a U.S. embassy or consulate, generally in your country of residence abroad. Please visit the Department of State, Travel.state.gov Temporary Workers webpage for visa information, how-to-apply procedures, and U.S. embassy web contact information to learn more.

How We Can Help Obtain Your E-3 Visa

For citizens of Australia, E-3 visas are a great alternative to H-1B Visas, and the E-3 Visa process is generally faster and cheaper than traditional H-1B Visas. Rai Law attorneys understands the importance of successfully obtaining an E-3 Visa and will help you navigate the USCIS E-3 Visa process. Although the E-3 Visa process is relatively simple, successfully obtaining an E-3 visa requires a strong strategy, careful attention to detail, and strong communication. With these elements in place, the process is often easier and less stressful than many of our clients expect.

We use our vast experience to walk clients through the E-3 Visa process step-by-step. We listen. We address your concerns. We help you gather the required information and documentation. And then we carefully prepare all the documents needed to obtain your E-3 Visa. We’ll communicate with both the employer and the employee throughout the process, and with USCIS or the Consulate while the application is pending.

Our E-3 visa attorneys experience benefits you in several key areas. We:

  • Clarify options and potential scenarios surrounding your case.
  • Assist you in collecting the proper documentation.
  • Correctly classify the application and ensure requirements are met.
  • Prepare and submit all forms and documentation.
  • Communicate with the DOL, USCIS, and the Consulate.
  • Monitor the entire E-3 visa immigration application process.

E-3 Visa Attorney Experience & Responsiveness that Makes a Difference. Our E-3 Attorney Pledge:

  • 100% focused on processing your E-3 Visa quickly & successfully.
  • Strong E-3 Visa lawyer experience & deep knowledge of E-3 Visas, consular processing, & USCIS.
  • Best in class service and a commitment to open, responsive communication.
  • Outstanding level of E-3 Visa Lawyer service at an affordable FLAT rate.
  • E-3 Visa applications can be submitted in as little as one week.
  • To discuss your case call: (415)-693-9131 or Mail Us.

Something very important you may want to know

Frequently Asked Questions

  1. 1
    How Long is the E-3 Visa Valid?

    Each E-3 visa is USUALLY valid for a period of 2 years. Unlike with other visas, an E-3 visa may be renewed indefinitely.

  2. 2
    Can My Spouse Accompany Me and Work in the USA?

    Yes. Unlike with other visa types, the spouse of an E-3 visa holder may accompany the E-3 visa holder and apply for an Employment Authorization Document that allows them to work anywhere in the U.S.

  3. 3
    Does my Spouse Have to be an Australian?

    No. Your spouse does not have to be an Australian.

  4. 4
    What do I Need to Know as an Employer?

    As the petitioning employer, you will need to file a Labor Condition Application (“LCA”) with the Department of Labor. The process is similar to that for the H1-B visa. As a part of the LCA process, employers make assertions regarding, amongst other things: paying the prevailing and actual wages; not breaking up strikes; and maintaining public access files. Before you can file the LCA you must comply with specific notice requirements. And after filing you are required to make certain information related to the job and LCA available to the public and you must keep those records for several years. We guide our clients through these notice and record keeping steps of this process. The burden is very minimal on the employer, but it is important to comply because the monetary penalties for violations can be high.

LOOKING FOR IMMIGRATIONH1-B VISA L-1A/L-1B VISA E-1/E-2/E-3 VISA EB-5 VISA B-1/B-2 VISITOR VISA K-1 FIANCE VISA K-3/K-4 VISA TN VISA OUTBOUND VISA FAMILY BASED GREEN CARDS EMPLOYMENT BASED GREEN CARDS INVESTMENT BASED GREEN CARDS CITIZENSHIP DEPORTATION/REMOVAL DEFENCE CUSTODY/BOND HEARINGS ATTORNEY?

Please provide your quick information.

E-3 Visa Attorney Consultation

    This website is meant solely for the purpose of information and not for the purpose of advertising. The rules of Indian Bar Council prohibits lawyers from advertising & soliciting work through communication in the public domain. The website owners do not claim any copy right on any article, documents or judgement posted in this site.

    PHONE

    Fremont: 510-791-1111
    San Francisco: 415-693-9131

    EMAIL

    law@railaw.com