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E-3 Visa (Australians)

#10: You are a Citizen of Australia

If you are a Citizen of Australia, you may be able to qualify for the E-3 visa which is a kind of special "Australian H-1B". Under current law, 10,500 E-3s are set aside each year for nationals of Australia.

Does the 240 Day Automatic Extension rule apply to E3 (for Australians)?

As of the writing of this note (October 19, 2007), the 240 Day Automatic Extension rule set forth in 8 CFR 274a.12(b)(20) does not apply to the E3 (for Australians) category since it is not explicitly set for in the regulation.

Is USCIS Premium Processing available for E3 (for Australians)?

As of the writing of this note (October 19, 2007), E3 (for Australians) is not one of the categories of immigration petitions/applications for which USCIS Premium Processing is available.

What is a specialty occupation for E-3 visa purposes?

A "specialty occupation" for E-3 visa purposes is generally an occupation which requires a bachelor's or higher degree in a specific specialty, such as a teacher, physician, computer programmer, engineer, accountant, etc. The more technical definition of a "specialty occupation" is an occupation which requires:

  1. A theoretical and practical application of a body of specialized knowledge, and
  2. The attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.

Is there a QUOTA applicable to the number of E-3 visas issued each year?

Yes, there is a maximum of 10,500 E-3 visas issued annually. Spouses and children of principal applicants do not count against the numerical limitations.

Do E-3 visa applicants need to demonstrate a "residence abroad?"

The E-3 must satisfy the consular officer that s/he intends to depart from the U.S. upon termination of status because E-3 status provides for entry on a non-permanent basis into the US.

Will YouTube Sponsor H-1B Workers after its acquisition by Google?

Many foreign programmers, and other professionals, who would like to work for YouTube and Google wonder whether YouTube and Google sponsor individuals for H-1B visas. As you can see from the following chart, Google does indeed sponsor H-1B workers. Therefore, after the acquisition of YouTube by Google, Google will likely continue to sponsor individuals for H-1B visas provided that the H-1B quota, established by the U.S. government, has not run out.

Does an E-3 (for Australians) visa applicant need a license for the specialty occupation?

An E-3 visa applicant must meet the academic and occupational requirements, including licensure where appropriate, for admission into the United States in a specialty occupation. If the job requires licensure or other official permission to perform the specialty occupation, the applicant must submit proof of the requisite license or permission before the E-3 visa may be granted. In certain cases, where such a license or other official permission is not immediately required to perform the duties described in the visa application, the applicant must show that he or she will obtain such licensure within a reasonable period of time following admission to the United States.

How can you obtain an Extension of Stay (e.g., for an H-1B, O, L, etc.) when your extension of stay application is filed LATE?

Under the general U.S. immigration rule, you must file an EXTENSION OF STAY application for a non-immigrant status (e.g., H-1B, O, L, etc.) BEFORE your original status expires. For example, if your H-1B status expires on November 29, 2006, then you must file your extension of stay application before November 29, 2006. What happens, however, if you fail to file your extension before your original status expires, or you otherwise fail to maintain the previously accorded status? Normally, this means that your extension of stay application will be DENIED. There is an exception however.

Extension of Stay

"Extension of Stay" refers to the process of extending a non-immigrant status, e.g., H-1B, L, O, etc. It really refers to the extension of the Form I-94, which states a foreign national's STATUS in the U.S. It should not be confused with extending a "visa".

E-3 Special "Australian H-1B"

The E-3 is a visa category for Australians only who are going to the U.S. to work temporarily in a "specialty occupation". A key advantage is that it allows Austrialians to avoid the H-1B quota which often runs out quickly.

May the spouses of E-3 visa holders work in the U.S.?

E-3 spouses are entitled to work in the United States and may apply for an Employment Authorization Document through U.S. Citizenship and Immigration Service (USCIS). The spouse of a qualified E nonimmigrant may, upon admission to the United States, apply with the Department of Homeland Security for an employment authorization document, which an employer could use to verify the spouse's employment eligibility. Note that such spousal employment may be in a position other than a specialty occupation.

Is there a special fee for E-3 visas?

No. There is no special fee for an E-3 visa. Instead, E-3 visa applicants are subject to the normal visa application fee.

How long is an E-3 visa valid?

The maximum validity period for an E-3 visa is 24-month. In addition, the validity of an E-3 visa can not exceed the validity period of the LCA.

Can an E-3 visa holder's Spouse and Children accompany him or her to the U.S.?

Yes. An E-3 visa holder's Spouse and Children can accompany him or her to the U.S.
The spouse and children need not be Australian citizens.

 

 

What are the requirements for an E-3 visa?

The requirements for an E-3 visa are as follows:

1. The applicant must have a legitimate offer of employment in the United States.

2. The position the applicant is coming to fill must qualify as specialty occupation employment.

3. The applicant must be an Australian citizen.

4. The applicant must have the necessary academic or other qualifying credentials.

5. The applicant must intend to stay only temporarily in the U.S.

6. If required in the specialty occupation, the applicant must have any necessary license or other official permission to practice in the specialty occupation.

7. The employer must have obtained an approved Labor Condition Application.

Search for H1B Visa Employers

You can search for "H1B Visa Employers" using this database, which was compiled by Antao & Chuang, Attorneys at Law from government sources. This database identifies those U.S. employers who have filed for H-1B visas in the past, or who have at least started the process by filing for the LCA. If you find an employer you are interested in, you can then contact them to inquire as to whether they have any current job openings in your field. Please tell your friends about this valuable resource.

Use this form to search for H1B Visa employers.

"FMG Friendly" Employers

Foreign Medical Graduates ("FMGs") should be aware that there are "FMG Friendly" employers, and "FMG Unfriendly" employers. This database (compiled by Antao & Chuang, Attorneys at Law from government sources) identifies those U.S. employers who have filed for H-1B visas for foreign medical graduates in the past (or at least started the process by filing for the LCA), and who can therefore be deemed "FMG Friendly". Please tell your colleagues about this valuable resource.

Use this form to search for "FMG Friendly" employers in a given state.

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