E3
Visa
Questions and Answers
(E-3 Visa For
Australians)
E3 visa is
a new category of E treaty visa.
E3 visa
allows for the admission into the
United States of America of an alien who is a national of the Commonwealth
of Australia, and who is entering to perform services in a "specialty
occupation."
This visa category was
created specifically for 10,500
Australian business people and professionals seeking to live and work
temporarily in the United States. The term "specialty occupation" means an
occupation that requires theoretical and practical application of a body of
highly specialized knowledge, and attainment of a bachelor's or higher
degree in the specific specialty (or its equivalent) as a minimum for entry
into the occupation in the United States. The definition is the same as the
Immigration and Nationality Act definition of an H1B “specialty
occupation.”
What is an
E-3 Visa?
The E-3 is a new visa category only for Australians coming to the US to work
temporarily in a specialty occupation.
Who
qualifies for the E-3 visa?
The new E-3 visa classification currently applies only to nationals of
Australia as well as their spouses and children. E-3 principal applicants
must be coming to the United States solely to work in a specialty
occupation. The spouse and children need not be Australian citizens.
Are there other requirements for qualifying
for an E-3 visa?
To qualify, applicants must meet the definition of “specialty occupation”
set forth at INA 214(i)(1). Applicants must also submit job offer letters
from a United States-based employer, evidence of a Department of Labor
attestation (certified ETA 9035 or 9035E), evidence of a bachelor’s degree
and proof of payment of the application fee.
What is a
specialty occupation?
In general, a specialty occupation is one that 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. The Department’s
regulations governing E-3 visas incorporate the definitions contained in
section 214(i)(1) of the Immigration and Nationality Act (INA).
May spouses
work?
E-3 spouses are entitled to work in the United States and may apply for an
Employment Authorization Document through USCIS.
Is there a limit to
the amount of E-3 visas?
Yes, there will be a maximum of 10,500 E-3 visas issued annually. Spouses
and children of principal applicants do not count against the numerical
limitations.
Do I need a petition by my employer to the
Department of Homeland Security?
The United States-based employer of an E-3 principal is not required to
submit a petition to the Department of Homeland Security as a prerequisite
for visa issuance. However, the employer must obtain a Labor Condition
Application, ETA Form 9035 from the Department of Labor.
How long will my
visa be valid?
The validity of the visa should not exceed the validity period of the LCA. The
Department of State and DHS have agreed to a 24-month maximum validity
period for E-3 visas. This validity may be renewed.
What is the fee for an E-3 visa?
Other than the normal application fee, there is no issuance fee.
Is there a new visa for Americans who want
to work in Australia in “specialty occupations?”
The 457 visa will accommodate Americans who wish to work in Australia. We
refer you to the Government of Australia for further comment.
To schedule
an appointment, please refer to the
U.S. Consulate General in
Sydney, Australia website
http://sydney.usconsulate.gov/consular/niv.html
The
LL.M. Law Group can help obtain an E3 visa to the following applicants from
the Commonwealth of Australia:
-
Nationals of the
Commonwealth of Australia
traveling to the United States
to perform services in a "specialty occupation." Examples
include scientists, engineers, research analysts, management consultants,
accountants, and other professionals with a Bachelor's degree or
equivalent
-
Australian business
people and professionals seeking to live and work temporarily in the
United States. Examples include
executives, managers and specialists operating in
the United States
-
Australian Nationals entering the U.S. to carry out
substantial trade
-
Key personnel to manage the U.S. affiliate or branch
-
Family members of E3
visa holders
-
U.S. companies employing qualified foreign professionals
for jobs that require a Bachelor's degree and specialized skills
-
Australian Nationals
seeking change of status from H1B to an E3 visa
-
Australian Nationals
seeking renewal of their current E3 visa status
More information about E Visas:
E1 Treaty Trader Visa
E2 Treaty Investor Visa
Please refer to the
LL.M. Law Group's immigration
consultation procedures to begin.
The LL.M.
Law Group will work with you to arrive at an arrangement that is
fair to all concerned.
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