Immigration Policies and Procedures: E-3 Skilled Workers, Professionals, and Unskilled Workers
An E-3 Visa is a service and specialty occupational visa that applies to only nationals of Australia, their spouses and unmarried children under the age of 21. The E-3 visa applicant is expected to go into the United States to solely work in a specialty occupation. This Visa classification was created by an Act of the United States Congress resultantly from the Australian United States Free Trade Agreement (AUSFTA). It was originally introduced into the US Immigration System in 2005 to help Australian business men/women and professionals benefit from the opportunities provided by the Australia-United States Free Trade Agreement (AUSFTA). This Visa classification has made it easier and cheaper for qualified Australians who wish to live and work in the United States to obtain a Visa compared to the traditional H1B work Visa. How does one determine whether they are qualified for an E-3 Visa? This article has taken the opportunity to give you the general policies and procedures of the E-3 visa application process courtesy of RunRex.com .
Policies
Eligibility Requirements for an E-3 Work Visa
An E-3 Visa applicant is expected to demonstrate the following to become legible for this Visa classification;
- They are Australian nationals.
- They have a legitimate employment offer with the US.
- They possess the necessary academic certification and credentials that qualify them for the job offered in the United States.
- They will take up the position offered to them within the US that qualifies as a specialty occupation employment.
- Possess what is considered as a US equivalent of a Bachelor’s degree and a significant amount of experience in the relevant specialty occupation.
- A show that their stay will be temporary and that they intend to depart from the United States once their E-3 status is terminated.
- That the E-3 visa applicant possesses the necessary licensing or permission to practice their intended specialty occupation.
The family members of an E-3 visa applicant that are allowed to accompany them to the US include; their spouse and under 21 year old unmarried children. The family members are allowed to accompany the E-3 work Visa applicant to the US through derivative Visas and get to stay for as long the applicant stays.
However, the E-3 visa applicant’s family have a privilege compared to the family members of other work Visa applicants (H1B Visa and TN1 Visa). That is because the spouse of the E-3 Visa applicant, unlike the alternatives, is allowed to seek employment within the United States. The spouse will nonetheless, need to file an I-765 application petition for employment authorization by the USCIS, before applying for employment within the US.
E-3 Work Visa Reservations
Every year the United States Immigration system reserves an exact 10,500 E-3 Visas specifically for Australian nationals which has recently been efficiently utilized given its merits compared to alternative work Visas. These benefits include; the significantly lower application fee and E-3 visa holder’s spouse ability to seek employment in the US.
Period of Stay
The E-3 Visa, upon approval, allows the holder a maximum stay of two years within the United States. After the expiration of this initial stay period, the E-3 work visa holder is expected to depart from the US. However, you are allowed to request an extension of your stay period which if granted will remain at a maximum of two years. Nonetheless, there is no limit to the number of extension requests a particular E-3 visa holder can make as long certain USCIS expectations are met.
Change in Employment
As an E-3 visa holder, if you are to change your employment, your new employer is expected to file a new Labor Condition Application to the USCIS and a new E-3 Visa application. This application is made through the I-129 form within a gap of at most ten days between the jobs.
Procedure
To apply for an E-3 Visa from the United States, you are expected to go through the following procedure:
You should file an I-129 petition form, which is also used to apply for change of status and in the event of an employment change. In this petition form you are expected to provide the following documents;
- A Labor Condition Application (LCA), which for now the standard is expected to be an ETA-9035 that is to be annotated as an E-3 LCA given that the department of labor has not developed an E-3 LCA yet, and
- the H-1B visa LCA cannot be used.
- Academic certifications and relevant credentials that qualify you for the specialty occupation.
- Documentation from the relevant employer showing that you will be engaged in a specialty occupation that will get you paid higher than the actual or prevailing wage.
- Necessary licensing or official permission to practice your specialty occupation where relevant.
For E-3 applicants residing from outside the US, upon approval of your I-129 petition by the USCIS, they will forward an I-797 form to your employer who will forward it to you so that you can apply for your Visa from the consulate or Embassy abroad.
All in all, the E-3 work visa application process is quite extensive despite the guidance provided in this article. Thus, seeking relevant professional advice and assistance is mandatory, and RunRex.com is the best place to offer these services.