An E-3 visa is specifically designed for Australian nationals credentialed to work in a specialty occupation and have been offered a job in the U.S. While this visa will only apply to a select group of people and is only valid on a temporary basis, Australian nationals who are eligible to apply will be pleased to learn that the process is usually timely and straightforward compared to other types of work visas.
However, that doesn’t mean you should throw all caution to the wind. While the application process may have fewer steps and take less time to complete, there is still a standard protocol you’ll need to follow, documentation you’ll need to gather, and paperwork you’ll need to submit at scheduled intervals to ensure that your entry into the U.S. goes uninterrupted.
If you’re planning to enter the U.S. on an E-3 visa, don’t risk your job opportunity over a simple mistake. Our law firm has years of experience helping with legal matters like E-3 applications, and we’re familiar with the typical issues that may arise during the process. Give us a call today. We’re ready to give you the support you need.
Understanding the E-3 Visa
The E-3 visa is a non-immigrant visa specifically designed for Australian nationals who wish to work temporarily in the United States in a specialty occupation. This visa category was established as part of the Australia-United States Free Trade Agreement, offering a streamlined pathway for Australian professionals to contribute their expertise to the U.S. labor market.
But how can you determine whether you’re eligible for the E-3 visa? While it’s clear that the applicant must be an Australian national, what is meant by “specialty occupation”? U.S. Citizenship and Immigration Services (USCIS) highlights this specific definition:
- A theoretical and practical application of a body of specialized knowledge; and
- The 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.
While the USCIS doesn’t provide a specific list of qualifying occupations, you can generally assume that the USCIS will be looking for applicants working in professional specialized fields, versus skilled trades or the service industry.
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Requirements for the E-3 Visa
Now that we have a better idea of the occupational requirements of the E-3, let’s look at a few other eligibility requirements expected of applicants. In addition to being in a specialty occupation and being an Australian national, you’ll also need to have at least a bachelor’s degree and a legitimate job offer, which also requires a minimum qualification of a bachelor’s degree. Once you’ve determined your eligibility, the next step is to gather documentation and submit your application.
Documentation Required for the E-3 Visa
Because an E-3 visa is considered a temporary work visa, the responsibilities of applying and submitting documentation will be split between you and your employer. As the applicant, you will be responsible for supplying:
- Educational Credentials: Evidence of your educational qualifications, demonstrating that you possess the necessary skills and knowledge for the specialty occupation.
- Proof of Citizenship: A valid Australian passport is required as proof of citizenship.
- Job Offer Letter: A formal job offer from a U.S. employer specifying the position, salary, and other relevant details of your position.
- Visa Application Forms: Completion of the DS-160 form and payment of the associated visa application fee.
Your employer, on the other hand, will need to confirm the information on your job offer letter and the eligibility of the job as a specialty occupation through the Labor Condition Application. This document also ensures that the employment of the E-3 visa holder will not negatively impact the wages and working conditions of U.S. workers.
Your employer will also need to submit Form I-129 (Petition for Nonimmigrant Worker) along with the E supplement and supporting documents.
Embassy or Consulate Interview
Once you and your employer have submitted all of the necessary forms, you’ve paid the required fees, and you’ve gathered all of the necessary documents, the final step is to schedule an interview with an officer at a U.S. embassy or consulate located in Australia.
The officer will go over the documentation, confirm the accuracy of the information given in the application, and address any other unfinished steps in the visa process. If there’s nothing else pending in the application, you should be issued your E-3 visa in a matter of weeks or months.
Is Premium Processing Available for the E-3 Visa?
E-3 visa applicants are able to pay an extra fee to have their application processed more quickly through USCIS’ Premium Processing service.
Benefits of an E-3 Visa
The E-3 visa offers several advantages for Australian professionals seeking employment in the United States. Some key benefits include:
- Specialty Occupation Opportunities: The E-3 visa allows Australian citizens to engage in specialty occupations, providing access to a wide range of professional opportunities.
- Spouse and Children Eligibility: E-3 visa holders can bring their spouses and unmarried children under the age of 21 to the United States (the same E-3 application applies to all dependents). Spouses are eligible to apply for work authorization, through Form I-765
- Renewable Status: The E-3 visa is initially granted for up to two years, with the option to renew indefinitely, as long as the applicant continues to meet the eligibility criteria.
Another notable benefit is the timeliness of the application itself in comparison to other temporary work visa applications. You and your employer can save time by simultaneously filling out the necessary paperwork, and the level of proof needed to confirm eligibility is much lower.
An E-3 Visa Lawyer Can Help
Navigating the U.S. immigration system can be harrowing, and the assistance of an experienced immigration lawyer can be invaluable. E-3 visa lawyers deeply know immigration law and can guide applicants through the entire process, ensuring that all requirements are met and documentation is submitted accurately.
Additionally, qualified and experienced lawyers can provide counsel on any legal matters that may arise during the visa application process.
If you’re feeling hesitant about your application, working with or even consulting with an E-3 attorney can help give you the peace of mind knowing that you will be accurately and fairly represented through the visa application process. Want your E-3 application covered? Contact Naya Immigration today.
Disclaimer
The information on this website is for general information purposes only and does not constitute solicitation or provision of legal advice. Viewing information on this website and/or contacting Naya Law Group, PC does not establish an attorney-client relationship. This blog should not be used as a substitute for obtaining legal advice for any individual case or situation from an attorney licensed or authorized to practice in your jurisdiction.
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