Practice Areas​

The E3 visa provides a special window for Australians, to relocate and earn in the United States. This visa, introduced in 2005 is purpose built for Australians in specialty occupation, the second most preferred visa to migrate and work in the U.S. Knowing the details surrounding the E3 visa, is beneficial to both the employers and the applicants by making the process of acquiring immigration easier.

Responsibility and Flexibility of Foreign Nationals with the E3 Visa

• The E3 Visa is a work visa exclusively awarded to natives of Australia that have capacity to work in the specialization.
• Privileges that are comparable to the H-1B visa are extended to holders of the E3 visa although they are not constrained by many limitations and caps.
• This allows the employment of skilled persons and their dependents in the US for a period of up to two years with the possibility of further extensions.
• The process of applying for its acquisition highly depends on the employer, identifying concerned targets for the necessary tasks and making specific requests thereafter.
• Children and spouses of primary E3 holders, who also can work, are included in E-3D.

Historical Context

The E3 visa was first issued in 2005 as a result of the AUSFTA. This meant that the U.S. Immigration authorities acknowledged the bilateral relations with Australia and opened this favorable niche for Australians to seek employment in the U. There are about 10,500 E3s available every year, which are often left untaken, hence providing a winning situation for the rest of the those sources of who wish to meet not less than one E-3 visa requirement.

Introduction to the E3 Visa

The E3 visa program is tailored for Australian citizens that aspire to work in the US. This particular visa category is dedicated to people working in “specialty occupations” that are defined as those requiring both theoretical and practical knowledge of the particular field. Moreover, applicants must have relevant skills in the field (which is usually a college degree level) or the necessary work experience.

Eligibility Requirements for the E3 Visa

• To be granted an E3 visa the applicant must be: Be an Australian citizen.
• Working in a specialty occupation which includes an educational qualification or its equivalent experience.
• Having a bona fide offer of employment from a U.S. employer willing to issue a petition on their behalf.
• Such qualifications must be taken into consideration because the U.S immigration officials examine the position and the applicant in detail looking for the required features.

The Types of Jobs that E3 Visa Holder can Aspects

Jobs in specialty occupations other than E3 visa ones are numerous as per the specifications of E3 Visa provisions around such are not limited to:

• Information technology
• Engineering
• Medical profession
• Banking sector
• Teaching professions
• Law and business services

Most of these professions call for at least a bachelor’s degree or equivalent applied experience. It is the wish of the employer to demonstrate the perspective of the job which is being offered to be a specialty occupation.

Application Process for Employers

Employers function as any participant in the E3 visa application process. In order to sponsor an E3 visa holder, a sponsor must:

• Apply for a Labor Condition Application (LCA) with the U. S. Department of Labor.
• Make an available job offer, and prove that the job is indeed a specialty occupation.
• Filling forms, attaching accompanying documentation, and filing with USCIS and/or the U.S. Consulate.
• This technique helps prevent concerns about foreign applicants displacing American workers and that there is no undercutting of wages.

Filing and Documentation Required

The following are pieces of documents that are commonly submitted under the E3 visa:

• Citizenship status of Australian born.
• Credentials which are educational or any occupational training.
• A copy of the Labor Condition Application.
• Offer letter from the employer in America.

Also, consular interviews are important and any further evidence of support may need to be unsparing by the applicant.

Validity of E3 Visa: Terms and Procedures for Visa Renewal

Every E3 visa is valid for a maximum grant of two years. However, it may be renewed after two years and for periods of up to two years each time as long as the conditions of the visa continue to be satisfied. An E3 visa possesses no restriction in terms of the number of renewals as long as the holder holds a position in a qualifying occupation. The process of extending the E3 visa is quite similar to the procedure of applying for the E3 visa where further evidence and an employment offer must be provided.

Dependent Family Members (E3D Visa)

One of the most notable benefits of the E3 visa is that dependents, including but not limited to spouses and children, may apply for an E3D Visa. Spouses may also file for work authorization and thus, they may be employed in the U.S. without being under any such quagmire of other visa categories. However children of E3D visa holders may not be able to work but are free to go to school in the USA.

Explanation of differences between E3 and H1B Visas various aspects.

In as much as both E3 and H1B visa types apply to persons with specialty occupations, the following differences are worth noting:

Nationality: E3 visa only applies to Australian Nationals while H1B visa can be held by people from any nationality.

Cap: The cap is often underutilized at 10,500 every year for the E3 visa unlike the H-1B that is subject to cap every year because of very high demand.

Duration: While the two visas are non-immigrant and can be renewed numerous times, the H1B is time restrictable than H3.

General Problems Faced During the E3 Visa Application Process

E3 visa has several benefits when one is application or qualifying for it, but the following problems can also be encountered in the process:

• A sluggish Administrative and Regulatory requirements: Labor Condition Application.
• Delays in issuance of the visa at American embassies.
• Possible difficulties involved in the evaluation of specialty occupation requirements.

As mentioned above, some of these problems are avoidable by adequate preparation, collection of reliable evidence, etc.

The E3 Visa Program In The Coming Years

The overall essence of the E3 visa class has proven to be relatively constant favorable over time since the introduction of the program. However, changes within the U.S. immigration framework in the future can certainly affect the program as regards the limits on the number of visa issuances and the principle of employment. Attorneys who handle immigrant-related changes should be ready to understand what changes may happen to be legislatively effective on issues to do with applications or renewal.

Conclusion

Accordingly, an E3 Visa is permission for an Australian citizen seeking employment in the United States that has no equivalent permission, that is it is a special type. With restrictions other than a few work visas and provisions for dependents mostly immigrants are being bounced upon to this particular option by me and sat there by employers better! Candidates are discerning and as such when they understand the rules of engagement and work the system; they maximize their chances with the E3 visa.

FAQs

1. How long can I stay in the U.S. on an E3 visa?
   The initial stay is for 2 years in the first instance though this can be extended provided the E3 visa conditions are still met.
2. May I obtain employment for my spouse when in the U.S. with the E3D visa?
   Yes, an E3 holder’s spouse can obtain the right to work and apply for employment in the United Leave.
3. Is there a specific degree requirement that I need to hold in order to be granted an E3 visa?
   Yes, in a specialized field related to the job, a bachelor’s degree or its equivalent work experience is needed.
4. If I was to lose my job in the U.S. before my visa has expired, what would happen to me?
   If your employment is terminated, you may have to depart from the US unless you secure a new employer who is ready to file a petition on your E3 visa.
5. While holding an E3 visa am I allowed to switch from one employer to another?
   Yes, but upon changing your employer, you will have to file a new Labor Condition Application and Environmental Impact statement.
6. What is the difference between the E3 visa and H-1B?
   E3 is restricted for the Australians, has lower caps on the issuance of the visas, has a thinner market but retains most of the language regarding the specialty occupation.