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USA E3 Visa

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USA E3 Visa


About Visa:

E-3 Certain Specialty Occupation Professionals from Australia.

The E-3 classification applies only to nationals of Australia. You must be coming to the United States solely to perform services in a specialty occupation. The specialty occupation requires theoretical and practical application of a body of knowledge in professional fields and at least the attainment of a bachelor's degree, or its equivalent, as a minimum for entry into the occupation in the United States.

Eligibility Criteria:

To qualify for an E-3 visa, you must demonstrate that you:

  • Are a national of Australia
  • Have a legitimate offer of employment in the United States
  • Possess the necessary academic or other qualifying credentials
  • Will fill a position that qualifies as a specialty occupation

Features:

  1. The visa offers some significant advantages when compared to other U.S. non-immigrant work visas. For example, e3 spouses also can work unrestricted in the USA. This alone is a significant difference from work visas like the Tn1 and even the H1B. Both require spouses to obtain separate working permits if they aren't U.S. citizens or permanent residents. e3 work visa spouses and children don't count toward the cap total. Spouses also don't have to be Australian citizens.
  2. The visa is also renewable every two years for an indefinite period of time. So you can basically work on it for as long as you're employed. By contrast, the H1B visa is valid for up to 10 years. However, you should note that the e3 visa is not a dual-intent visa, so applicants must reasonably demonstrate non-immigrant intent before they can get one.
  3. Filing fees for this type of visa are also significantly lower than the ones for the H1B. And while the e3 visa technically is a temporary work permit, it's renewable every two years; meaning you can remain in the U.S. indefinitely so long as you're employed with the sponsoring company.

Requirement:

  • Proof of Australian Citizen
  • Valid Employment Offer Letter
  • Academic or other credentials demonstrating qualifications for the position
  • Labor Condition Application

1. Applying for an E-3 Visa from 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:

  • 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
  • Academic or other credentials demonstrating qualifications for the position
  • 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
  • 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

2. 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 Worker's webpage for visa information, and U.S. embassy web contact information to learn more.

3. Period of Stay/Extension of Stay:

  • Initial Period of Stay --- 2 years.
  • Extension of Stay --- Up to 2 years per extension; no maximum number of extensions, with some exceptions.

4. Change of Employment

Your new employer must file a new Labor Condition Application and a new E-3 visa application. The gap between the jobs must be 10 days or less.

Note: Form I-129 is used to apply for an extension of stay or change of employment.

5. Family of E-3 Visa Holders

Your spouse and unmarried children under 21 years of age are entitled to the same E-3 classification. Your spouse is entitled to work authorization, but not your children. To apply for work authorization as a spouse of an E-3 non-immigrant, your spouse would file a Form I-765, Application for Employment Authorization. For more information on the application procedures, see the "Work Authorization" page.



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