The E-3
is a new visa for Australian nationals to work in specialty occupations in the
U.S. It has many advantages over the other types of working visas, including
the ability for spouses of E-3 recipients to apply for work authorization. There
is a maximum of 10,500 E-3 visas issued annually (during the fiscal year, which
runs from 1 October to 30 September). The maximum validity period for E-3 visas
is two years; but may be renewed indefinitely, provided the alien is
able to demonstrate that he/she does not intend to remain or work permanently
in the United States.
To qualify for an E-3 visa, an applicant must
demonstrate the following:
- He or she must have a legitimate offer of employment
in the United States;
- The position he or she is coming to fill qualifies as
specialty occupation employment;
- He or she is an Australian citizen;
- He or she has the necessary academic or other
qualifying credentials;
- His or her stay will be temporary; and
- He or she has the necessary license or other official
permission to practice in the specialty occupation (if required before the
he/she may commence employment in the specialty occupation).
What is a specialty occupation?
The definition of "specialty occupation" is one
that requires:
- 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.
A specialty occupation is one that requires theoretical and practical
application of a body of highly specialized knowledge and a bachelor’s or
higher degree (or its equivalent) in the specific specialty. For example,
architecture, engineering, mathematics, physical sciences, social sciences, medicine
and health, education, business specialties, accounting, law, theology, and the
arts are specialty occupations.
Do I need a license for a
specialty occupation?
An E-3
alien must meet academic and occupational requirements, including licensure
where appropriate, for admission into the U.S. in a specialty occupation. If
the job requires licensure or other official permission to perform the
specialty occupation, the applicant must submit proof of the requisite license
or permission before the E-3 visa may be granted. In certain cases where such a
license or other official permission is not immediately required to perform the
duties described in the visa application, the alien must show that he or she
will obtain such licensure within a reasonable period of time following
admission to the United States.
Do I need a petition by my
employer to the USCIS?
A U.S.
employer of an E-3 principal is not required to submit a petition to the USCIS
as a prerequisite for visa issuance. However, the U.S. employer must obtain a
Labor Condition Application (LCA), ETA Form 9035 or ETA Form 9035E, from the
Department of Labor.
Application Procedures
- If you are outside the U.S. you may apply directly
with the Consulate by submitting Form DS-156, Electronic
Visa Application Form (complete online and print out). Male
applicants between the ages of 16-45, must also submit Form DS-157, Supplemental Application.
If in the U.S., you must file Form
I-129, Petition for Nonimmigrant Worker with the appropriate USCIS Regional
Service Center.
- Form ETA 9035, clearly
annotated as "E-3 - Australia - to be processed", or an ETA 9035E dated after January 4th,
2006, specified for E-3 Australia. Now either form is acceptable. This is
the notification of an approved Labor Condition Application (LCA) that the
U.S. employer obtains from the Department of Labor.
- Evidence of academic or other qualifying credentials
- Submit a job offer letter
from the prospective U.S. based employer establishing that upon
entry into the U.S. the applicant will be engaged in qualifying work in a
specialty occupation and that the alien will be paid at least the actual
or prevailing wage.
- Submit evidence (brochures, articles, website
print-outs) describing the U.S. employer and nature of its business
activities.
- A certified copy of the foreign degree and evidence
that it is equivalent to the required U.S. degree could be used to satisfy
the "qualifying credentials" requirement. Likewise, a certified
copy of a U.S. baccalaureate or higher degree, as required by the
specialty occupation, would meet the minimum evidentiary standard. In the
absence of an academic or other qualifying credential(s), evidence of education
and experience that is equivalent to the required U.S. degree.
- Evidence establishing that the applicant's stay in
the U.S. will be temporary.
- A certified copy of any required license or other
official permission to practice the occupation in the state of intended
employment if so required or, where licensure is not necessary to commence
immediately the intended specialty occupation employment upon admission,
evidence that the alien will be obtaining the required license within a
reasonable time after admission.
- Evidence of payment of the Machine Readable Visa
(MRV) Fee, also known as the application fee. This is payable at Australia
Post, and applicants should bring the post office receipt to the interview
as evidence of payment.
Spouses and dependent children
Spouses
and dependent children may be granted E-3 classification. They do not need to
have the same nationality as the principal and they are not subject to the
numerical limitations.
To
qualify, you must demonstrate that the established relationship exists. Usually
this can be accomplished with a marriage or birth certificate. You must also
show that the principal applicant is the recipient of an E-3 visa. Please note
that the U.S. does not recognize De Facto relationships, and to qualify as a
spouse you will need a marriage certificate from the Department of Births,
Deaths and Marriages.
May spouses work?
E-3
spouses are entitled to work in the U.S. The spouse of a qualified E
nonimmigrant can apply for work authorization upon entering the U.S. by
filing an I-765 Application for Employment Authorization with the appropriate
USCIS Regional Service Center.
The information contained in this web page is intended strictly to be used for information purposes and to educate the public in a general manner. The information contained in this page should not be considered legal advice, legal consultation, expressed or implied representation or a formal or an informal retention of this office. To create a formal attorney-client relationship a retainer must be signed and a fee must be paid to this office. Our response to any of your questions, comments, concerns etc. does not establish an attorney-client relationship. By responding to your questions we do not consider ourselves your attorneys. The response to your questions is strictly informational in nature and should not be considered or used as legal advice in any manner. The information contained on this site is general information on immigration laws and issues. The general information that is included in this web page will not cover the various exceptions and loopholes that are prevalent in the Immigration laws. We hope that our web page will educate you and hopefully enhance your understanding of Immigration laws.
|
