Overview:
- What is the E3 visa? The E3 visa is a for Australian citizens who will perform a “specialty occupation” in the United States. ...
- What are the benefits of an E3 visa? There are several benefits to getting an E3 visa. ...
- E3 Visa Requirements
Full Answer
What are the requirements of an E-3 visa?
Generally, however, E-3 visa applicants must abide by the following requirements:
- Must be an Australian citizen (E-3 visas are not available to Australian permanent residents)
- Must have a job offer in the United States from a U.S. ...
- The job must be considered a specialty occupation
- You must have the required skills, training, education, and experience to work in that specialty occupation
Does an E3 visa require sponsorship or not?
While there is no formal requirement for “sponsorship” which normally has costs and complications associated for the employer, the E3 visa just requires a job offer. Once the job offer is in place, the rest is up to the applicant (in co-ordination with the employer).
Can an E3 visa holder working in US?
Yes, E-3 visa holder is considered as a resident for tax purposes in the US, just like the status for any visa holders in Australia who are able to work. The only different in the US is that you just need to declare any income you make/receive anywhere in the world.
Do I need a lawyer for my E3 visa process?
Do I need a lawyer for my E3 visa process? You don’t need a lawyer – The E3 visa process was designed so that you do not need a lawyer so unless your company requires it, you should not need legal representation though there are legal options out there for around $10K.
What is an E3 visa?
The E3 visa is a for Australian citizens who will perform a “specialty occupation” in the United States. To get the E3 visa, you must: be a citizen or national of Australia, have a job offer that requires at least a bachelors, have a bachelor’s degree or equivalent, and.
How long is an E3 visa valid?
An E3 visa is valid for up to two years and you can apply for unlimited extensions. These extensions do not count towards the 10,500-visa annual limit. As long as you fulfilled all the E3 conditions, your E3 visa status can be renewed indefinitely.
How long does it take to get an E3 visa in Vermont?
All E3 change of status petitions are filed at the USCIS Vermont Service Center. Here, the processing times can vary between 4 and 8 months. Alternatively, visa applications depend on the consulate’s availability. These can vary from a few days to weeks. Some of the other influential factors is the time of year you submit your application and the documents you provide.
What documents are required for E3?
These documents include, but are not limited to, a support statement from the US company where you will work and the LCA.
Is the E3 visa good?
The E3 is a great visa option for Australian citizens. You should now have a much stronger understanding of the various aspects of the E3, including the benefits, requirements, and process.
Can an E3 visa be granted in Australia?
You will then schedule a meeting with a US consular officer. Consular officers in Australia, as well as many countries particularly in Europe and Canada, can grant E3 visas.
Is E3 faster than E3?
This means you are ineligible to apply for a “change of status” inside the United States. Consular processing is faster than applying for E3 status inside the US. The E3 is not eligible for premium processing. it is much faster than a change of status petition.
When was the E-3 visa enacted?
The E-3 visa was enacted by section 501 of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief on May 11, 2005. (Section 502 of the Act addressed certain visas for nurses.) Although the bill, H.R. 1268, originated in the House of Representatives, the E-3 visa was added in the Senate's amendment to the House bill.
What is an E visa?
The visa was created within the E category of visas. The E-1 and E-2 visas are commonly called the "treaty trader" and "treaty investor" visas. Under the Immigration and Nationality Act, the E category of visas is reserved for aliens who "enter the United States under and in pursuance of the provisions of a treaty of commerce and navigation between the United States and the foreign state of which he is a national." Australia is eligible for E visas pursuant to a process enacted in the Immigration Act of 1990 (Pub. L. No. 101-649). Section 204 of that Act authorized E visas for any country that "extends reciprocal nonimmigrant treatment to nationals of the United States," and is either the largest foreign state in a region or an "adversely affected foreign state for purposes of section 314 of the Immigration Reform and Control Act of 1986 ." The enactment of the E-3 visa within the E category reflects that the E-3 was closely related to the U.S.-Australia Free Trade Agreement. Although the visa is within the E category, its substantive provisions draw on other provisions of the Immigration and Nationality Act, including the definitions of a "specialty occupation" and the labor attestation process used for H-1B visas.
How many E-3s were issued in 2019?
In U.S. Fiscal Year 2019, there were 5807 E-3 Visas issued, along with an additional 4177 of E-3D Visas issued (for "Spouse or child of Australian specialty occupation professional")
What is the purpose of Section 204 of the Immigration Reform and Control Act?
Section 204 of that Act authorized E visas for any country that "extends reciprocal nonimmigrant treatment to nationals of the United States," and is either the largest foreign state in a region or an "adversely affected foreign state for purposes of section 314 of the Immigration Reform and Control Act of 1986 .".
What Is an E3 Visa?
If you are a citizen of Australia and want to live and work in the United States, you need to apply for the E3 visa. Originally introduced into the U.S. Immigration system in 2005, the E3 visa provides a wonderful opportunity to the business professionals and people of Australia to make the most out of brighter prospects available in the U.S. as a part of AUSFTA (the Australia-United States Free Trade Agreement).
Who Is Eligible for an E3 Visa?
In order to qualify for an E3 visa, you must meet a certain set of requirements:
How Much Does an E3 Visa Cost?
Currently, E3 visa fees cost $270. This fee is non-refundable. You are not required to pay anything else apart from this. Further, your employer bears no cost as well as there not being a filing fee associated with an LCA. Furthermore, AWCIA and USCIS fees are eliminated.
What are the requirements to get an E3 visa?
In order to qualify for an E3 visa , you must meet a certain set of requirements: You must be an Australian citizen. You must be in possession of a legitimate offer of employment in the U.S. You must fill a position that qualifies as a specialty occupation. You must possess the required academic qualifications.
How long does it take to get an E3 visa?
It might be immediate or it might be as long as two months to get a date for an interview.
What is an envelope with address?
An envelope with your address. A copy of your documents related to qualifications and degree. Supporting documents which illustrate that you have ties with your country and you don’t intend to settle in the U.S. permanently. This could be anything like owning property in your name.
When did the E3 visa start?
Originally introduced into the U.S. Immigration system in 2005, the E3 visa provides a wonderful opportunity to the business professionals and people of Australia to make the most out of brighter prospects available in the U.S. as a part of AUSFTA (the Australia-United States Free Trade Agreement). What makes an E3 visa a better choice ...
What is an E3 visa?
The E3 visa or the Specialty Occupation Professionals from Australia is a US work visa dedicated to Australian citizens. In 2005, the US and Australia entered into the Australia – US Free Trade Agreement (AUSFTA). Due to that, they created a specialty visa which only highly qualified Australian citizens can get.
Who Can Apply for the E3 Visa?
The US government does not necessarily specify which professions qualify as specialty occupations, but examples of such jobs include:
Can I Apply for a Green Card With an E3 Visa?
That is why going from an E3 visa to a Green Card is challenging. The E3 visa is not dual intent, so it does not allow permanent residence. However, there are ways to obtain the Green Card.
Can I Bring my Dependents With an E3 Visa?
When you go to the US with an E3 visa, you are allowed to bring your dependents with you. Dependents include your spouse and unmarried children under 21 years old. They can apply for their E3D visa at the same time as you, or afterward. To get a visa, they need to prove that there is a relationship. For children, you must submit their birth certificates, while for your spouse, a marriage certificate is required.
How long does it take to get an ETA 9035?
Your employer must file ETA Form 9035 to the Department of Labor. The LCA is filed at no cost and takes 5 to 10 business days to be processed. If it is rejected, your employer has the right to appeal and amend the application. However, if the LCA is approved, you as the applicant can now start the application procedure for the E3 visa.
What is the form 9035?
The Form ETA 9035, which proves your employer has LCA certification.
What is the interview part of a visa application?
The interview is one of the most important parts of your application. A US Embassy official will evaluate your case, ask you questions about your character, job in the US, previous work experience and qualifications, as well as intentions to return home. If you hint at the fact that you want to stay in the US permanently, you will put your visa application at risk and it might be denied. So try to prove that you will return to Australia once your work is completed in the US.
What is an E visa?
The E visa category includes treaty traders and investors who come to the United States under a treaty of commerce and navigation between the United States and the country of which they are a citizen or national. This category also includes Australian specialty occupation workers.
What is an E-2?
Treaty investors (E-2) invest a substantial amount of money and direct the operations of an enterprise they have invested in, or are actively investing in. Australian specialty occupation workers (E-3) perform services in a specialty occupation. See U.S. Department of State's Treaty Countries for a current list of countries ...
What is E-1 or E-2 classification?
E-1 or E-2 Classification as an Employee of a Treaty Trader or Treaty Investor. To qualify for E-1 or E-2 classification, you must: Be the same nationality as the main alien employer (who must have the nationality of the treaty country); Meet the definition of “employee” under relevant law; and.
What is E-2 investment?
Treaty investors (E-2) invest a substantial amount of money and direct the operations of an enterprise they have invested in, or are actively investing in.
Can an Australian trader get an E-1 visa?
Eligibility. Before entering the United States, treaty traders or investors and Australian specialty occupation workers must apply and receive an E-1, E-2, or E-3 visa from a U.S. consulate or embassy overseas. A U.S. company may also request a change of status to E-1, E-2, or E-3 for a nonimmigrant that is already in the United States.
What is the E-3 Visa?
The E-1 is for treaty traders and the E-2 is reserved for treaty investors. However, the E-3 takes a different approach. It is designed for Australian citizens with specialty positions.
What is the difference between L-1 and E-3?
One of the major differences to take into account is the disparity in price. The L-1 requires a much greater financial investment than the E-3 on the part of your employer.
What is a nonimmigrant visa?
This common nonimmigrant visa is meant for multinational employers to be able to transfer employees from a foreign location to a U.S. location. To be considered a multinational employer, it must have a branch, subsidiary, affiliate, parent, or office located in both the U.S. and the beneficiary’s home country.
What is dual intent visa?
These visas allow the holder to apply for lawful permanent residency (green card) without jeopardizing their status. Some of the more popular visas, such as the H-1B or the O-1, are considered dual intent. The L-1 also fits in this category.
How long do you have to wait to apply for an extension for an L-1A visa?
with the intention of establishing a branch or office where none previously existed. However, in this case, you will only have an initial period of one year before you need to submit a business plan and report to get an extension.
How much is the DS-160 fee?
E-3 Fees. $460 basic I-129 filing fee. $190 DS-160 fee.
Is L-1 or E-3 better for green card?
Ultimately, however, the decision will be dependent on your case. Each person’s immigration situation is unique and the correct choice will vary based on the specifics. For example, if you are interested in getting your green card, the L-1 may be a good choice. Or, if you are a specialized employee, the E-3 may be the best bet.
What is an E-2?
Treaty Trader (E-1), Treaty Investor (E-2), Employee of an E-1 or E-2, Australian Specialty Occupation Worker (E-3) The E category includes treaty traders, treaty investors, and certain nonimmigrant employees of such people (and their spouses and children) who come to the U.S. under a treaty of commerce and navigation between the U.S.
Who is eligible for E-1 or E-2?
In addition, the spouses and children of these people, as well as treaty traders and investors, are also eligible for E-1 or E-2 classification, respectively. E-1 and E-2 spouses are also eligible to apply for employment authorization. Before entering the U.S., treaty traders or investors and their nonimmigrant employees must apply for ...
Can a nonimmigrant file an extension of stay in E-1?
However, a U.S. company may also request a change of status to, or an extension of stay in, E-1 or E-2 classification for a nonimmigrant that is already in the United States. USCIS processes change of status and extensions of stay requests for nonimmigrants whose companies have filed such petitions.
Can a nonimmigrant get an E-1 visa?
Before entering the U.S., treaty traders or investors and their nonimmigrant employees must apply for and receive an E-1 or E-2 visa from a U.S. Consulate or Embassy overseas and subsequently be admitted to this country by CBP. However, a U.S. company may also request a change of status to, or an extension of stay in, E-1 or E-2 classification for a nonimmigrant that is already in the United States. USCIS processes change of status and extensions of stay requests for nonimmigrants whose companies have filed such petitions.
Overview
The E-3 visa is a United States visa for which only citizens of Australia are eligible. It was created by an Act of the United States Congress as a result of the Australia–United States Free Trade Agreement (AUSFTA), although it is not formally a part of the AUSFTA. The legislation creating the E-3 visa was signed into law by U.S. President George W. Bush on May 11, 2005. It is widely believed to have grown out of the negotiation of a trade deal between the US and Australia.
Description
The E-3 visa is similar in many respects to the H-1B visa. Important differences include the fact that spouses of E-3 visa holders may work in the United States without restrictions (unlike other US non-immigrant visas, even the TN visa issued to Canadian and Mexican citizens), even if they are of a different nationality; that the E-3 visa is renewable indefinitely (in two-year increments); and that the application process is much quicker. Australian citizens applying for an E-3 visa are als…
Statistics
Since the introduction of the E-3 visas, between 2,000-3,000 E-3 visas have been issued by US consulates to Australian professionals every year. In addition to this, E-3R visas are issued to the returning Australian professionals whose original visas had expired. The numbers are as follows: 4 new visas in Fiscal Year 2005; 1,918 new visas in FY 2006; 2,572 new and 6 returning in FY 2007; 2,961 new and 1,568 returning in FY 2008; and 2,191 new and 1,421 returning in FY 2009. In addi…
Reciprocity
The Australian subclass 457 long stay business visa provides similar working rights in Australia for U.S. citizens. However this visa is available to any nationality and hence no special work permit for U.S. citizens has been introduced in Australia. Recent legislative changes in Australian skilled worker visas has further narrowed the scope of jobs under which an individual may be granted a visa. Even so, unlike the E-3 program, no degree is necessarily required to obtain a work visa on …
Permanent residence in Canada
Up to 23 August 2010, it was possible to use one year of residence in the United States as a holder of an H-1B, H-1B1, H-1C, or E-3 visa, while employed in an eligible occupation, to obtain provincial nomination from Alberta for permanent residence in Canada. This was withdrawn due to Alberta being limited to a maximum of 5,000 nominations of any type, at all, under Canada's provincial nominee program.
History
The E-3 visa was enacted by section 501 of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief on May 11, 2005. (Section 502 of the Act addressed certain visas for nurses.) Although the bill, H.R. 1268, originated in the House of Representatives, the E-3 visa was added in the Senate's amendment to the House bill.
The visa was created within the E category of visas. The E-1 and E-2 visas are commonly called th…
Future
Consideration is being given to making excess E-3 quota available to Irish citizens in the future.
See also
• Australian nationality law
• United States Permanent Resident Card
• H-1B1 visa, for citizens of Singapore and Chile
• TN status, for citizens of Canada and Mexico