Visa-Faq.com

what is an e3 visa to the us

by Joel Schoen Published 2 years ago Updated 2 years ago
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E-3 Visa. The E3 visa is a particular type of US visa that allows Australian professionals to enter the United States to take a professional position relevant to their specialty.

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

More items...

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.

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How long can I stay in US with E-3 visa?

There is no limitation on the number of years you remain in E-3 status as long as you can prove that you do not intend to remain in the US permanently. Extensions of an E-3 visa will not be counted against the annual E-3 visa cap. Spouses of E-3 visa holders can apply for employment authorization and work in the US.

Is E-3 visa permanent resident?

The E-3 visa is a temporary work visa. You must show that you are only in the United States temporarily. Therefore, you are not a Legal Permanent Resident (LPR) if you have E-3 status or an E-3 visa.

How do I go from E-3 to green card?

One can pursue a marriage green card via the immigrant visa route or an employment based green card. The immigrant visa route ultimately requires the E-3 visa holder at the end of the green card process to attend an immigrant visa interview at a US Consulate abroad in their home country.

What jobs qualify for E-3 visa?

E-3 visa is a temporary US visa that allows Australian citizens with a specialty occupation such as fields in architecture, finance, computer programming, education, engineering, science, medicine, health, modelling, research, law and so on to enter US to take the job relevant to their profession.

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.

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 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:

How to Change the Employer or Status?

Additionally, you are eligible to change employers if you find a job that suits you better. Your new employer must file and have a new approved LCA. You must start your new job within 10 days of leaving your previous one. If you do not, then your visa status is at risk.

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 an E3 visa?

For Australians, the E3 visa is a truly incredible visa. It allows an Australian to move to the United States with the right to work with an employer, without too much work at all.

How many years of college do you need to get an E3?

The requirement to move to the US with an E3 is to hold the equivalent of a 4 Year Bachelor Degree (or greater). In some cases you may be told to seek equivalency from an evaluation company in order to prove this (or at the very least, use it as a precaution). As a general rule of thumb, three years work equates to one year of education (who knows how that rule was come to).

How much does it cost to write an equivalency statement?

Prices will vary but at the very least you’ll be looking around $250USD for the full document.

What happens if you are rejected for a visa?

Here’s the most important bit: If you are rejected for a visa, and you didn’t have a lawyer for the process, it can be INCREDIBLY difficult to get a visa in the future. A rejection looks very bad, and will only make your life more difficult if you really want to move to the US. So do it right the first time, seek professional legal help, ...

Is the E3 visa a visa?

No restrictions. The E3 is a multiple entry visa.

What is EW-3 visa?

Since the U.S is known for its skilled labor base, there are many employers looking for unskilled workers. Unskilled workers are those who have less than two years of experience or training in a particular job position.

What are the requirements for EW-3 visa?

To qualify for the EW-3 visa, there are a few requirements which a worker must meet, such as the following:

How long is the EW-3 visa processing time?

If you are within the cap for that year, your visa might be processed in a few months. However, since the cap is reached very quickly, many applicants end up waiting for a few years until their visa is processed and they can go to the U.S to work.

Can my spouse and children accompany me to the U.S with an EW-3 visa?

Yes, after the EW-3 visa is processed and approved for you, your spouse and unmarried children under 21 years old can also apply for the family visa. Your spouse will be eligible for an EW-4 visa, while your children will have to apply for an EW-5 visa. Your spouse will be allowed to work in the U.S after getting the Employment Authorization Document (EAD).

How to get ETA certification?

To get the certification, the U.S employer must file ETA Form 9089 to the DOL with a description of the job positions, its requirements, qualifications of the foreign workers and other documents which prove that they could not find a U.S worker.

What is the next step for an employer to take to hire a foreign worker?

This can be done by filing Form I-140, Immigrant Petition for Alien Worker to the U.S Citizenship and Immigration Services (USCIS). The form is used to evaluate whether the employer is able to meet the employment conditions. The Form I-140 will require the employer to attach detailed financial documents and statements, audit documents, as well as tax returns.

What documents do I need to file an I-140?

The Form I-140 will require the employer to attach detailed financial documents and statements, audit documents, as well as tax returns. If the employer meets the conditions and USCIS determines that they are able to hire the employee and pay a prevailing wage as per U.S standards, they will approve the petition.

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.

How long does it take to get an I-797?

or transferring to an E3 visa from another visa status within the U.S., you will need to file form I-129 and assuming it gets approved, you will have the resultant form I-797 within the next 2-3 months.

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.

What is a U.S. Visa?

A citizen of a foreign country who seeks to enter the United States generally must first obtain a U.S. visa, which is placed in the traveler’s passport, a travel document issued by the traveler’s country of citizenship.

Find out what visa type is appropriate for you

The type of visa you must obtain is defined by U.S. immigration law, and relates to the purpose of your travel.

Visa Appointment Wait Time

A wait time listed as "999 calendar days" indicates that the Consular Section is only providing that service to emergency cases. Please check the Embassy or Consulate website for further information.

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