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E-3 Visa for Australian Citizens

E-3 Visa for Australian Citizens - Warren Law Firm

What Is An E-3 Visa?

Angela Warren and her team at Warren Law Firm have over 20 years of experience obtaining E visas for those who qualify, like the E-3 visa for Australian citizens. For example:

  • Engineers
  • Computer Programmers
  • Business management professionals

A San Francisco immigration attorney like Angela Warren can be a great advantage for Australians who want to get an E-3 visa to live and work in San Francisco, or for San Francisco companies wishing to get an E-3 visa for one of their potential employees.

The E-3 visa is an employment visa that’s similar to an H-1B visa. Some significant differences between the two are that:

  • The application for the E-3 is much faster
  • There is no visa limit for E-3 visas, unlike the 65,000 annual visa limit for H-1B visas

Who is Eligible for an E-3 Visa?

The E-3 visa is available to Australian citizens who come to the U.S. to perform a specialty occupation.

The occupation requires the theoretical and practical application of a body of knowledge in professional fields, and at least the attainment of a bachelor’s degree, or its equivalent, as a minimum for entry into the occupation in the United States.

What Documentation and Evidence Do You Need to Apply for an E-3 Visa?

Before a potential employer hires you, they will file a Labor Condition Application (LCA) with the U.S. Department of Labor (DOL).

To apply for an E-3 visa, you will need to provide U.S. Citizenship and Immigration Services (USCIS) with documentation and evidence that show the nature of your new job opportunity, your work experience, and education. This can include:

  • A letter from your potential employer indicating that they’ve offered you a job, the details of your job description, and your salary
  • Documents that prove you work in a specialty occupation. This can include your degree(s), professional certifications and licenses, and documents from previous employers that show your work experience

Other documents you’ll need to submit include:

  • Proof of your Australian citizenship
  • A valid passport
    • You will need to furnish a copy of the biographic page in your passport. Also, be sure that your passport is valid for six months beyond the expiration of your petition.
  • DS-160, Nonimmigrant Visa Application (completed online)
    • After you’ve submitted your application online, you need to reach out to your embassy to determine if you need to interview with a consular officer, and when to schedule it, if needed.
  • A photo of you that complies with U.S. visa photo requirements (upload this with your DS-160 form)

(You may also need to furnish evidence that you plan to return to Australia after your work contract ends. This can include proof of a property deed, or a lease).

How Long Does an E-3 Visa Last? Can You Renew It?

An E-3 visa may last for up to two years, and when it’s due for renewal it can be extended for two years at a time—indefinitely. That means there’s no limit on how many times you can renew an E-3 visa—as long as you remain eligible, and as long as your ultimate intent is to return to Australia. There are two key actions that must be performed by your employer in order to renew your E-3 visa.

Your employer must:

  • Obtain an LCA that has a new validity date
  • File Form I-129, Petition for Nonimmigrant Worker, with USCIS

The submission and management of these documents and required supporting evidence can become quite complex for a busy employer, and a potential employee. A skilled immigration attorney can guide you throughout the entire process to help ensure that things go smoothly.

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Angela D. Warren

With more than 20 years of immigration and business immigration experience, Angela Warren has helped hundreds of individuals, families and businesses.

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Get The Immigration Help You Deserve

Angela Warren and her team at Warren Law Firm have over 20 years of experience obtaining E visas for those who qualify, like the E-3 visa for Australian citizens, for example:
  • Engineers
  • Computer Programmers
  • Business management professionals
A San Francisco immigration attorney like Angela Warren can be a great advantage for Australians who want to an E-3 visa to live and work in San Francisco, or for San Francisco companies wishing to get an E-3 visa for one of their potential employees.

About the E-3 Visa for Australian Citizens

The E-3 visa is available to Australian citizens who are coming to the US to perform a specialty occupation. This specialty occupation requires theoretical and practical application of a body of knowledge in professional fields and at least the attainment of a bachelor’s degree, or its equivalent, as a minimum for entry into the occupation in the United States. To qualify for an E-3 visa, you must:
  • Be a citizen of Australia
  • Have an offer of employment from a company in the US
  • The position must qualify as a “specialty occupation”
  • Have the necessary degree, academic or other qualifying credentials for the position
  • Fill a position that qualifies as a specialty occupation
The E-3 visa is an employment visa similar to an H-1B visa, except:
  • E-3 holders’ spouses may work in the US without restriction
  • The E-3 is renewable in two year increments indefinitely
  • The application for the E-3 is much faster
  • There is no visa limit for E-3 visas, unlike the 65,000 annual visa limit for H-1B visas

How to Get an E-3 Visa (Australian Visa)

To start the process of obtaining an E-3 visa, contact Warren Law Firm to schedule a consultation. By preparing your documentation that shows your Australian citizenship, US employment offer, and degree / credential information, you will make the most of your consultation. The E-3 visa process starts with filing a “Labor Condition Application” (LCA) by the potential employer. Assuming no complications, the E-3 visa can take between a few days to a few weeks to complete. To take the first steps in obtaining an E-3 visa, contact Warren Law Firm to schedule a consultation.

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Can Your Family Travel With You On an E-3 Visa?

Your family is allowed to travel with you on your E-3 visa. This includes your spouse and unmarried kids who are under 21 (they obtain E3D status). Your children are allowed to study in the United States, and your spouse is permitted to work full-time or part-time, but he or she must first obtain an Employment Authorization Document (EAD) by submitting the necessary paperwork to USCIS.

What if You Want to Change Employers?

If you find a different job that interests you more than the one you’re currently working using your E-3 visa, you can change employers. Your new potential employer will need to get an approved LCA. You’re required to begin working in your new position within 10 days of having left your old job. If you don’t, your visa status will be in jeopardy.

Can You Get a Green Card With an E-3 Visa?

When you apply for an E-3 visa, and each time you renew it, you must prove that you will return to Australia. So, if you think that you may want to become a permanent resident in the United States, you might consider seeking other avenues for getting your green card. Perhaps if you’ve got family in the U.S., their sponsorship can be an ideal option.

If during your work experiences in the U.S. you encounter an employer who sponsors you for an EB visa, you may be able to adjust your status and set out on a path to be able to apply for permanent residency in the U.S., if you so choose.

Do You Need Help Obtaining an E-3 Visa?

The E-3 visa process starts with filing an LCA by the potential employer. Assuming no complications, the E-3 visa can take between a few days to a few weeks to complete.

To start the process of obtaining an E-3 visa, contact Warren Law Firm to schedule a consultation. By preparing your documentation that shows your Australian citizenship, US employment offer, and degree / credential information, you will make the most of your consultation.

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