E3 Visa Professionals from Australia
E-3 Visa for citizens of Australia is a nonimmigrant visa program of the US government that allows nationals of Australia to come and work in the United States in a specialty occupation. In order to qualify for an E-3 Visa, a U.S. company must sponsor the employee from Australia for a position within the company that is available and requires specialized knowledge and at least a bachelor’s degree. The U.S company must offer the qualifying position to the employee and the employee must meet the criteria required for the sponsoring position, including being a national of Australia. The E-3 Visa is generally issued for 2 years, with the possibility to renew or extend the E-3 visa indefinitely without a maximum number of extensions (some exceptions apply).
The E-3 visa is a temporary work permit that allows American companies to hire highly skilled workers from Australia. The foreign employees who can apply for an E-3 Visa are individuals who can work in specialty occupations that require a bachelor’s diploma or a higher degree and who possess theoretical and practical knowledge that is highly specialized and will be utilized to perform the job duties for the US employer. The E-3 Visa is available for positions at a professional level in a number of fields, including without limitation, finance, science, mathematics, information technology (IT), engineering, accounting, architecture, teaching, healthcare and others. The E-3 Visa be available for investors and entrepreneurs and may support self-employment under specific circumstances.
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The E-3 Visa is an attractive alternative to the H-1B visa for Australian professionals only and is not a dual intent visa. Before applying for an E-3 Visa, the U.S. sponsoring company must first apply for a Labor Condition Application (LCA) for the proposed position with the U.S. Department of Labor. The LCA describes the job in the United States, the job title, the duties, location, employment period, wage and method of determining the prevailing wage for the position. After the LCA is approved, the employee must apply for an E-3 Visa with the US Embassy or Consulate in Australia or somewhere else and attend the visa interview. Generally, to apply for the E-3 Visa, the applicant employee must submit an E-3 application package to the US Embassy or Consulate prior to the interview consisting of visa application and supporting documents. However, each US Consulate and Embassy processes E-3 visa differently and before applying the applicant should check the application process and procedure at the consulate or embassy he or she intends to apply.
The US sponsoring employer can employ the professional in E-3 status only after the employee received the E-3 visa abroad or the employee successfully changes to an E-3 status while present in the United States. If the E-3 employee is in the United States on another visa, he or she can apply for a change of status to E-3 with USCIS and include with the application an LCA and supporting documents. Once the E-3 Visa petition is approved with the USCIS, the US company can employ the Australian national on the sponsored position.
There are 10,500 E-3 Visas available each fiscal year but the cap is generally not reached. In addition, the number does not apply to US employers seeking an extension of previously granted E-3 visa petitions or reissuance of E-3 visa for the same employers because of change of position.
The spouse and children of an E-3 visa holder can accompany them in the United States on an E-3 dependent classification. The spouse can file for work authorization and obtain employment while in the US, but the children cannot work.
Contact us, your experienced business immigration lawyers in Miami, Florida, to schedule an appointment for your immigration case and find out more about the E3 Visa immigration and other visa options available to you.
Malescu Law P.A. – Business & Corporate Lawyers
Areas of Practice
- Avocat Viză SUA
- B1/B2 Visa Extension Services
- Complex Business Litigation
- Corporate Law
- Employment Visas
- Family Visas
- International Business Transactions
- Investor Visas
- Mergers and Acquisitions
- Outside General Counsel
- Trademark applications
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