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E-3 Visas for Australians

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E-3 VISA ATTORNEY IN NEW JERSEY

E-3 Visa for Australians

This employment visa is specifically for Australian nationals who wish to work in a specialized occupation in the United States. It began in 2005 when President Bush signed a bill authorizing this visa.

Eligibility depends on your ability to fit that “specialized occupation” definition, meaning the following:

  • It requires the theoretical and practical application of a body of highly specialized knowledge;
  • The specialized occupation you are able to fill is needed by a United States employer; and
  • You have the necessary Australian Bachelor’s degree and/or work experience in the occupation.
  • Note: the Australian three (3) year BA degree is may be deemed equivalent to the U.S. four (4) year degree but the degree should be evaluated by a professional.

Conditions & Limitations of the E-3 Visa

There are two ways to obtain a E-3 visa. After an employer applies through the Department of Labor for a Labor Certification and has an approval an Australian citizen can apply at the U.S consulate abroad, either in Australian or another country or they can submit a change of status application to the USCIS while in the U.S. in another valid visa status. Most Australians choose to obtain, change or extend the visa from their Consulates abroad, as the wait times are significantly less. In 2021 USCIS decided to allow E-3 visa holders to take advantage of premium processing which guarantees a response from USCIS within 15 days of receipt for those who do not wish to travel. Without premium processing the delays could be several months.

E-3 Visa Facts

  • There is an annual cap of 10,500 visas per year, but the caps have never been reached.
  • The visa is a dual-intent visa, which means that visa holders cannot pursue green cards while in E-3 status.
  • A Labor Certification must be submitted and approved by the U.S. Department of Labor before applying.
  • Upon visa approval, the visa holder can enter the U.S. and work for two (2) years.
  • Spouses can enter under the same classification and work along with children under 21 years old (children cannot work).
  • The E-3 Visa can be extended for two-year periods an unlimited number of times with some exceptions.
  • If you wish to change jobs while in the United States, your new employer must submit a new Labor Condition Application and a new E-3 Visa application must be approved.
  • Upon loss of job there is a 60-day grace period to change status and obtain a new visa or leave the U.S.
  • New employment cannot start until the visa is approved.
  • Visa extensions will enable continued work while the application is processed.
  • Australian ties must be maintained.
    • Ties can be satisfied by maintaining Australian bank accounts, Australian tax returns, driver’s license, credit cards, voter cards, pension report or asset ownership.

Get Immigration Assistance in New Jersey Today!

When looking to obtain an E-3 visa for the United States, The Law Offices of Lloyd E. Bennett, Esq., P.C. has the skill and knowledge needed in order to properly prepare your application for approval by the USCIS. Founded in 1987, we have since helped over 10,000 entities and individuals with their immigration issues. When clients hire us, we get to work on their cases immediately to provide fast, efficient solutions—allowing us to get their case on the best possible track to achieve their goals.

During an initial consultation, our firm looks at your exhaustive immigration history and your family’s history, allowing us to lay out all your options. Our staff will determine if you qualify for an E-3 visa, how to prepare your application, and what we can do in the event that you do not qualify for an E-3 visa.

Our office has helped thousands of people obtain visas since 1987 and has the immigration law experience to help you. Please contact us today for assistance.