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San Jose E-3 Visa Attorney Providing Experienced Legal Guidance For Australians Seeking To Work In The U.S.

The E-3 visa is one of the more difficult visa types to obtain based on its strict requirements; however, it may very well be an Australian citizen’s ticket to work and live within the United States. The E-3 is also known as the Certain Specialty Occupation Professionals from Australian visa. The attorneys at Yew Immigration Law Group have experience in assisting Australians who seek an E-3 visa to enter the United States. The application process can be complex and time-consuming, and the skilled and experienced E-3 visa lawyers at Yew Immigration Law Group can help streamline the process and increase your chances of success.

Attorney Alison Yew is board-certified in immigration law and has brought together a team of legal professionals to focus on immigration law and immigration law only. Call our San Jose offices today at (408) 740-3474 to schedule an initial consultation and start on the path to obtaining your E-3 visa.

Who Is Eligible For An E-3 Visa?

The E-3 visa is specifically designed for Australian citizens who want to live and work in the United States. In addition to being an Australian citizen, a visa applicant must also demonstrate he or she has the following:

  • an offer of employment within the United States;
  • adequate academic (or equivalent) credentials; and
  • a position that is considered to be a “specialty occupation.”

Typically, a specialty occupation is one that is so specialized and complex that it cannot be performed by a layperson or/and requires a higher degree or/and specialized training. The following occupations are examples of occupations that would likely qualify, among others, though there is no definitive list:

  • Data and computer scientists
  • Writers and editors
  • Digital, communications, and computer-related professionals
  • Accountants and auditors
  • Finance and administrative occupations
  • Social and welfare workers
  • Architects
  • Lawyers and judges
  • Arts professionals
  • Medical and health professionals
  • Business managers
  • Clergy
  • Education and research professionals at all levels
  • Engineers
  • Mathematicians
  • Music
  • Scientists

How Do I Apply For An E-3 Visa?

The U.S. employer who wishes to employ the qualifying Australian citizen in a specialty occupation must first submit a Labor Condition Application with the Department of Labor. Upon its certification, the U.S employer then submits a completed I-129 Petition for Alien Worker with the United States Citizenship and Immigration Service (or “USCIS”), an agency of the Department of Homeland Security (or “DHS”), complete with evidence that the job is one for specialty occupation and that the Australian worker qualifies for the position.

When the I-129 petition is approved, the approval notice is sent to the employer. With the approval, the Australian citizen applies at his/her local consulate in Australia for the E-3 visa to travel to the U.S. (If the Australian is already in the U.S. lawfully on another non-immigrant status, it may be possible to apply for a “change of status” while in the U.S. and upon approval the Australian’s status is changed to the E-3 and he/she may be employed by the U.S. employer without first returning to Australia for the visa.)

The term of employment is granted for up to two years. The principal employee’s family members (spouse, children under 21, and unmarried) may obtain a dependent visa to live in the U.S. The spouse may obtain work authorization to work in the U.S.

What Kinds of Documentation Do I Need to Obtain an E-3 Visa?

As with any application for a visa to the United States, there is documentation required. The documentation needed for an E-3 visa application includes:

  • A UW H Visa Request Form
  • A Prevailing Wage Intake Form.
  • A signed Actual Wage Memorandum
  • A copy of the offer letter that describes the terms and duration of the employment
  • A copy of the diploma/degree with transcripts, if available.
  • A curriculum vitae or resumé
  • Any U.S. professional license that is necessary for the position
  • A signed employer’s letter on official letterhead addressed to USCIS
  • Any current and previous I-797 Approval Notices
  • The most recent I-94 record
  • The most recent pay stub or salary record
  • Your passport pages showing the expiration date

Why Should I Hire an Attorney to Help Me Apply For An E-3 Visa?

The immigration process in the United States is complex and ever-changing. The E-3 visa attorneys at Yew Immigration Law Group are up-to-date on all changes that may occur due to a changing political landscape. Immigration law is all we do, and we do it well.

The E-3 visa application process is complicated and time-consuming, and any error could lead to a lengthy and costly appeal process. Get it right the first time with the assistance of our skilled and knowledgeable legal professionals.

If you are in the process of seeking an E3 visa or seeking a visa for your spouse or children, our experienced California immigration attorney can help. We understand how complicated the visa application process can be, as well as how important an approved visa is for your future. To learn more about the E3 visa for Australians and how we can help to simplify the process of obtaining a visa, contact Yes Immigration Law Group, a P.C., today at (408) 740-3474 for an E-3 visa immigration evaluation.