What is a E-3 visa?
The E-3 visa is a nonimmigrant (temporary) visa that enables foreign nationals from Australia to come and work in the United States. Since the E-3 visa is temporary, it will not lead to a Permanent Resident Card (“Green Card”).
To qualify for the E-3 visa, foreign nationals must be a citizen of Australia.
How can I apply for E-3 classification?
Foreign nationals must provide evidence of the following:
S/he is a national of Australia;
S/he is entering the U.S. to work in a position that requires specialized training or knowledge as defined in the Immigration and Nationality Act (INA) section 214(i)(1);
The position in the U.S. requires at least a Bachelor’s degree (or its foreign equivalent) in the field as a minimal entry-level requirement;
S/he has a prearranged full-time or part-time job with a U.S. employer;
The employer must demonstrate its ability to pay the foreign worker; and
S/he has the qualifications to practice in the profession in question
Do I need a degree?
Yes, the position/job in the U.S. must require, at a minimum, a bachelor’s degree (or its foreign equivalent).
How long can I be employed on a E-3 visa?
E-3 visas are generally given for an initial period of TWO (2) years. Unlike many employment visas, E-3 visas can be theoretically renewed indefinitely.
How do I enter the U.S. on a E-3?
Australian citizens can apply for an E-3 visa at a U.S. consulate or embassy abroad. Additionally, Australian citizens currently in the U.S. can apply for E-3 nonimmigrant status by filing a petition with U.S. Citizenship and Immigration Services (USCIS).
Can my family come with me to the United States?
E-3 visa holders can bring their spouses and unmarried children who are under 21-years-old.
Can my spouse and child work on their E-3D nonimmigrant status?
E-3 spouses can apply for an Employment Authorization Document (“EAD” or “work permit”). Although the E-3 principal must work only for the E-3 petitioner, the E-3 spouse can work for any employer or be self-employed.
Can I apply for an immigrant petition while on E-3 status?
Yes, you can apply for an immigrant petition while you are inside the U.S. However, we recommend that you proceed with extreme caution, since E-3 status does not allow for “dual intent.” This means that if the immigrant petition fails or is unsuccessful, foreign nationals may find it difficult to extend their E-3 classification.
For more information on E-3 nonimmigrant visas, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (281) 777-1236 today.
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