E3 Visa Lawyer USA | Professionals from Australia
As E3 Visa Lawyers in Miami Florida USA, we have experience on the E3 Visa subject for professionals from Australia and we share our knowledge regarding E3 Visa for all those interested in applying for the E3 visa, with the help of an experienced E3 Visa Lawyer.
Who Is Eligible to Apply for the E3 Visa?
The E3 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 E3 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 E3 Visa is generally issued for 2 years, with the possibility to renew or extend the E3 visa indefinitely without a maximum number of extensions (some exceptions apply). An extension of E3 status may be filed with U.S. Citizenship and Immigration Services (USCIS), or the Australian national may apply for a new E3 visa period at a US Consulate abroad.
The E3 visa is a temporary work permit that allows American companies to hire highly skilled workers from Australia. The foreign employees who are eligible to apply for an E3 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 U.S. employer. The E3 Visa is available for positions at a professional level in a number of fields, including without limitation:
- Information Technology (IT)
- Healthcare and others.
The E3 visa is not appropriate for fashion models of distinguished merit and ability, although such models may be eligible for H-1B status. The E3 Visa can be available for investors and entrepreneurs and may support self-employment under specific circumstances.
What Are the E3 Visa Requirements According to an Experienced E3 Visa Lawyer?
In order to qualify for the E3 visa and have a U.S. employer petition for the E3 visa, the prospective employee must meet the following E3 visa requirements:
- Be a citizen or national of Australia
- Have professional assignment in the United States
- Have a bachelor’s degree or equivalent
- Have a professional license, if a professional license is required by federal, state or local law in the U.S. Where a professional license is not required immediately, the Australian employee must demonstrate that he or she will obtain such licensure within a reasonable period of time following admission to the United States.
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What Is the Best Advice That Our Experienced E3 Visa Lawyer can Give Clients Regarding the E3 Visa Process?
The E3 Visa is an attractive alternative to the H-1B visa for Australian professionals only and is not a dual intent visa. The foreign employee can apply for an E3 visa at a U.S. consulate abroad or request a change of status or change of employer from USCIS.
Before applying for an E3 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 (DOL). 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 E3 Visa with the US Embassy or Consulate in Australia or somewhere else and attend the visa interview. Generally, to apply for the E3 Visa, the applicant employee must submit an E3 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 E3 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 E3 visa status only after the employee received the E3 visa at a U.S. Consulate or Embassy abroad or the employee successfully changes to an E3 status while present in the United States or requests a change of employer with USCIS. If the Australian employee is in the United States on another visa, he or she can apply for a change of status to E3 visa status with USCIS and include with the application an LCA and supporting documents. Once the E3 visa petition is approved with the USCIS, the US company can employ the Australian national on the sponsored position.
If the Australian employee is in the United States working for another employer, he or she can apply for change of employer with USCIS together with an LCA from the Department of Labor but can only start working for the new employer once the new E3 petition was approved. USCIS may consider that the employee is maintaining E3 status, following termination of employment with another company for up to 60 days during the period of E3 visa petition validity (or other authorized validity period).
However, when considering whether to file the E3 visa application at a U.S. Consulate or Embassy or with USCIS, the best E3 visa lawyers will consider and explain to the applicant that premium processing is not available for this petition at USCIS and processing times can vary and may be lengthy.
There are 10,500 E3 Visas available each fiscal year but the cap is generally not reached. In addition, the quota does not apply to US employers seeking an extension of previously granted E3 visa petitions or reissuance of an E3 visa for the same employer because of change of position. Unused E3 visa numbers do not carry over to the next fiscal year.
E3 Visa Benefits
There are many E3 Visa benefits for professionals from Australia, and our E3 visa lawyers explain that the E3 visa benefits include:
- E3 visa is reserved only for citizens of Australia for which a certain number of visas have been set aside and nationals of other countries are not eligible to apply
- Applicant can work in the United States full-time or part-time for more than one US employer
- Applicant can bring along his or her spouse and unmarried children under the age of 21
- Spouse of an E3 visa holder can apply for employment authorization in the U.S. and if approved, work without any restrictions. In other words, the spouse can work part-time or full-time on an E3 visa or even start their own company in the United States and be self-employed.
- Unmarried children can attend private or public U.S. schools and universities, full-time or part-time without the need to apply for a student visa
- Applicant and his or her family can travel internationally without restrictions
- E3 visa is usually granted for 2 years and can be extended or renewed indefinitely as long as legal requirements are met
- Processing of E3 visa can be fairly fast, but it can be longer if the application is filed with USCIS as there is no premium processing available
Period of Stay and Extension Options for E3 visa
The E3 visa is initially granted for 2 years and can be renewed indefinitely as there is no time limit that an individual can stay in E3 visa status in the United States. When the expiration date of the initial period of stay is approaching, applicants have two options to extend or renew the E3 visa:
- File for a new 2-year period at a U.S. consulate abroad, or
- File an extension with USCIS while physically present in the United States
Regarding E3 visa extensions or renewals filed with USCIS, the best E3 visa lawyers will tell you that a timely filed extension will provide the employee an additional 240 days of authorization to work with the petitioning U.S. employer after the initial E3 status has expired and while the E3 visa extension is pending.
Spouses and Children of E3 Visa Holders
The spouse and children of an E3 visa holder can accompany them in the United States on an E3 dependent classification and hold E-3D status. The spouse can file for work authorization and work while in the US, but the children are not authorized to work in the United States. The dependent spouse and children in E3 visa status are not subject to the quota. Moreover, dependents do not need to have Australian citizenship, and even if they have other citizenships, dependents should receive the same reciprocity considerations as the principal E3 visa holder—the same E3 visa validity, number of entries, and reciprocity fee, if any. At this time, Australian applicants for E3 visa receive multiple entry visas valid for 24 months (2 years), and there is no reciprocity fee.
Why Should You Work with An E3 Visa Lawyer in USA?
Contact our experienced business immigration lawyers in Miami, Florida, USA to schedule an appointment for your immigration case and find out more about the E3 Visa and other visa options available to you. Our E3 visa lawyers in Miami, Florida USA can assist with preparing and filing an E3 visa petition with USCIS or the U.S. Consulate or Embassy.
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