Experienced Legal Guidance For Australians Seeking To Work In The U.S.
The E3 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 following is some of the basic requirements that an E-3 applicant should be familiar with before considering this visa.
Who Is Eligible for the 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 which is so specialized and complex that it cannot be performed by a layperson or/and requires a higher degree or/and specialized training.
The Two Steps Of The E-3 Process
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 a 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.
Learn More In A Free Initial Consultation
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 us online or by phone today at 408-389-4764 for a free E-3 visa immigration evaluation.