Friday, 21 September 2012

USA E-3 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.

E-3 Visa is nonimmigrant visa for nationals of Australia, coming coming to the United States solely to perform services in a specialty occupation. Similiar to H-1B visa, a Labor Condition Application (LCA) is required for E-3 visa(Certain Specialty Occupation Professionals from Australia). Spouse of E-3 visa holders are allowed to work in United States after filing for appropriate work authorization. Children of E-3 visa holders are not eligible for E-3D visa. The E3D visa holder does NOT need to be an Australian citizen.

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

Applying for an E-3 Visa from Within the United States
The Form I-129, Petition for Nonimmigrant Worker is used to apply for a change of status to obtain E-3 nonimmigrant 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

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, Temporary Workers webpage for visa information, how-to-apply procedures, and U.S. embassy web contact information to learn more.

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.

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.

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 nonimmigrant, your spouse would file a Form I-765, Application for Employment Authorization. For more information on the application procedures, see the “Work Authorization” link to the right.

Er Ashima Patel

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