E3 visa for Australians
Our primary goal is to offer our clients the personalized attention they deserve to insure that they obtain the maximum possible freedom to pursue their career goals in the U.S. We represent many Australians from average persons wishing to live and work in the USA to some of Australia's most famous actors, artists and musicians as well as Australia's leading business executives working at the US offices of Australia's most prominent firms.
About the E-3 Visa
The E-3 Visa is basically a gift to Australians wishing to live and work in the USA---as long as they have the equivalent of a four-year US college degree with a major in the field that they will be working in. Those who do not clearly appear to have the requisite degree can still obtain the E-3 visa if they have the equivalent of a US college degree based on significant work experience alone or some work experience combined with some college or university education.
Although it is a kind of gift, like H1-b, there are critical requirements that must be met.
The E-3 job requirements must fulfill the relevant H1-b Immigration laws and regulations
& case law in regards to professional specialty occupations and The LCA Regulations
(US Department of Labor Guidelines as far as meeting the salary requirements for the specific position and insuring that the LCAs public inspection file is properly maintained).
Citizens of every other country in the world (other than Australia) must choose the more limited H1-b visa (or other visas that are likely to be more difficult to obtain).
- H1-bs spouses and children cannot obtain work authorization
- H1bs and their family members must normally return to their home country after six years.
- H1-b applicants must pay some $1570 to $3320 in US government filing fees alone -- that an E-3 need not pay.
- H1-b applicants usually cannot begin working until October 1st of any given year---yet they must apply for the visa on April 1st-- a rather inconvenient six months before the start date of their H1-b job.
In contrast to the H1-b Visa, for E-3 Visa holders:
- There is no limit as to how long an Aussie can continue applying for and obtaining E-3 Visas.
- The spouses and children may obtain work permission---but only AFTER entering the USA--and this must be well planned as it can take 1-3 months to obtain spousal work permission and there is no expedite process for work authorization for spouses and children seeking employment authorization.
- An E-3 application can be made on any date and the E-3 can begin working upon approval at any time of the year.
Unlike other visas---even for the very first application---E-3 applicants may apply at just about ANY US consulate in the world. So instead of applying with USCIS--and spending a few hundred dollars in filing fees--and more in legal fees and then waiting for 2-4 months --they can apply DIRECTLY at a US Consulate. *Applying at the USCIS (inside the USA) often takes 1-4 months for the case to be approved. Moreover, in order to travel in and out of the USA---the E-3 Aussie still needs to obtain an E-3 visa stamp in their passport. Therefore, in most cases (other than those who are extremely busy and already working in the USA who need an extension and have no time to leave the USA)---- it makes no sense to apply for E-3 in the USA.
We believe that common errors are being made by E-3 applicants, causing unnecessary delays, fees and worries for Australian nationals. It is critical that Australian nationals receive qualified legal representation when applying for an E-3 visa.