Successfully Obtaining Your E-3 Visa (Australian Specialty Occupation): E-3 Visa Lawyer Experience & Responsiveness that Makes a Difference.
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E-3 Visa applications can be submitted in as little as one week.
To discuss your case with an E-3 Visa Lawyer call: 212-643-0985 or
How We Can Help Obtain Your E-3 Visa...
For citizens of Australia, E-3 visas are a great alternative to H-1B Visas, and the E-3 Visa process is generally faster and cheaper than traditional H-1B Visas. Lightman Law Firm understands the importance of successfully obtaining an E-3 Visa and will help you navigate the USCIS E-3 Visa process. Although the E-3 Visa process is relatively simple, successfully obtaining an E-3 visa requires a strong strategy, careful attention to detail, and strong communication. With these elements in place, the process is often easier and less stressful than many of our clients expect.
We use our vast experience to walk clients through the E-3 Visa process step-by-step. We listen. We address your concerns. We help you gather the required information and documentation. And then we carefully prepare all the documents needed to obtain your E-3 Visa. We’ll communicate with both the employer and the employee throughout the process, and with USCIS or the Consulate while the application is pending. Our experience will benefit you as we:
Clarify options and potential scenarios surrounding your case
Assist you in collecting the proper documentation
Correctly classify the application and ensure requirements are met
Prepare and submit all forms and documentation
Communicate with the DOL, USCIS, and the Consulate
Monitor the entire E-3visa immigration application process
Your success is our success. At Lightman Law, that's not just lip service. You'll know it from the first communication through the completion of your case.
Take Advantage of our E-3 Visa Lawyer Evaluation.
Questions? Concerns? We can help. We'll explain the E-3 visa process and time frame, and outline exactly what you need to prepare... and what you can expect.
There's no obligation. Contact us:
* 212-643-0985 * 800-673-1120 *
Common E-3 Visa Questions:
What is an E-3 Visa? The E-3 visa is a relatively new visa category established in 2005 for nationals of the Commonwealth of Australia. With an E-3 Visa, Australian nationals can enter the United States and work in a specialty occupation. E-3 Classification was created as part of Public Law 109-13, “The Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005” which established the category for Australians in specialty occupations. Similar to the H-1B there is a limit to the number of E-3 Visas available to Australian nationals, however most of these numbers go unused each fiscal year. And even with the numerical limitation there are several advantages to opting for an E-3 Visa.
Do I qualify for an E-3 Visa? Although the best way to answer this question is via a free, no-obligation evaluation with an attorney, there are some general requirements that must be met:
The beneficiary must be an Australian national;
The prospective employment must be a specialty occupation;
The beneficiary must have the required academic background for the offered specialty occupation; AND
The employer must be willing to pay the minimum prevailing wage for the position.
What is a specialty occupation? According to the regulations, a "specialty occupation" is a job that requires "theoretical and practical application of a body of highly specialized knowledge to perform the occupation". Generally speaking, a “specialty occupation” must meet at least ONE of the following criteria:
A bachelor's degree or higher or the equivalent to a bachelor's degree is normally the minimum requirement for entry into the position;
This requirement (a bachelor's degree, its equivalent, or higher) is common to the industry (i.e. similar companies offering parallel positions also require a bachelor’s degree or higher) or, in the alternative, the employer may show that its particular position is so complex or unique that it can only be performed by an individual with a bachelor's degree or higher or its equivalent;
The sponsoring employer normally requires a bachelor's degree, or higher, or its equivalent for the position; OR
The job duties are so specialized and complex that knowledge required to perform the job duties is usually associated with the attainment of a bachelor's degree or higher.
The above are guidelines as to what constitutes a specialty occupation. There are numerous occupations that are frequently considered specialty occupations including: architects; engineers; professors; teachers; lawyers/attorneys; other related legal positions; programmers; computer systems analysts; database administrators; computer-related occupations; accountants; financial analysts; budget analysts; economists; management consultants; public relations and communication specialists; doctors; dentists; physical therapists; dietitians; medicine and health related occupations; writers; editors; artists of varying types; librarians; archivists; marketing and advertising positions; social workers...and the list goes on! It is impossible to list each and every job that could be considered a specialty occupation, so please don't panic if you don't see yours here. Just contact us!
What if I don't have a Bachelor's Degree? Will I still qualify for a specialty occupation? It is possible to substitute experience for education. As a general rule of thumb three (3) years of experience in a specific job is equal to one (1) year of education, so the lack of a bachelor’s degree doesn’t automatically disqualify you from E-3 status.
What if my degree is unrelated to the specialty occupation? This is where experience matters, and Lightman Law Firm has the experience needed to guide you the E-3 process. A good Immigration lawyer will closely evaluate your unique circumstances and find the connections between specific coursework and your work experience. Using this strategy it may be possible to obtain an evaluation equating your education and work experience (or just education) to the equivalent of a certain degree. What type of documents and information do I need to submit for an E-3 visa application? Documentation requirements vary depending on whether you apply directly at the consulate or go through a USCIS service center. Either way you’ll still need to provide a certified Labor Condition Applicatoin ("LCA" or "ETA-9035"), a letter from the prospective employer or other documentation offering work in a specialty occupation at a salary that meets or exceeds the prevailing wage for that occupation, and proof that the beneficiary’s academic or other credentials meet the requirements for the offered position. For certain professions, you will also need to submit certified copies of licenses or other permission(s) to practice as needed. For a general overview of the specific information and documents needed, please view the following video:
Where do I file an E-3 visa application? An E-3 visa application can always be applied for directly at a U.S. Consulate abroad. If the applicant is in the U.S. in a valid nonimmigrant status, the E-3 may also be applied for by submitting a change of status applicaton to a USCIS Service Center.
Does it matter if I go to a US Consulate abroad or file with USCIS? If you are situated outside of the US, you must apply directly at a US Consulate. If you are in the US in a status that tolerates a change of status (the visa waiver ESTA program does not tolerate a change of status), then you may trigger E-3 status by either applying in the US through the Vermont Service Center or by applying at a US Consulate abroad. It is usually more logical and efficient to apply for an E-3 visa at a US Consulate abroad regardless of your circumstances since it could take 2-3 months to trigger the E-3 status in the US (premium processing is not available for E-3s) and if you ever want to travel internationally you will need to apply for an E-3 visa stamp from abroad anyway. The E-3, like the E-2 and E-1, is one of the few visa statuses that does not require a petition approval in the US through USCIS in order to obtain the status as it allows for applications to be submitted directly at a US Consulate without a prior petition approval. For example, the H-1B and O-1 always require a petition approval in the US no matter where you're situated.
If I'm applying for an E-3 visa at a US Consulate, does it matter which Consulate I go to? If possible, we usually advise clients to apply for their E-3 visas at a US Consulate in Australia. Obviously, if you're in the US or another country, a trip to Australia can be quite lengthy. In some scenarios, you may be able to apply for an E-3 visa at a third country Consulate, such as in Canada or the United Kingdom.
What are the advantages to choosing an E-3 Visa over an H1B visa or L-1Visa? While every case is different, Australian nationals should definitely explore E-3 Visa options. The consular processing option can greatly reduce the turnaround time on visa approval and entrance into the US. Additionally as E-3 visa petitions are not subject to Fraud or ACWIA fees, filing one is less costly than applying for an H or an L visa. Finally, there is no max out date for E-3 visa holders, and an E-3 visa can be extended indefinitely.
How long can I maintain E-3 status? E-3 visas are granted for a period that cannot exceed the validity of the LCA. An LCA for an E-3 can be requested for a time period of up to two (3) years. Extensions of stay in two (2) year increments can be granted indefinitely as long as the LCA is valid. This means that with E-3 status, you never have to worry about “maxing out” of your status.
What if I have a spouse and/or children? The spouse and children of E-3 Visa holders can also apply for E-3 visas. Additionally your dependents do not need to be Australian nationals, and are not subject to the E-3 quota. E-3 status will allow your dependents to enter the US, attend school, and maintain valid legal status. Additionally, the spouses in E-3 status can apply for employment authorization. The spouses of H1B holders (H4) cannot work in the U.S.
What is a Labor Condition Applicatoin and where do I get one? As part of our services, we will prepare and submit a Labor Condition Application ("LCA") online on behalf of your employer. We will work closely with you to identify the right combination of education and experience for your position, determine the prevailing wage, and file the LCA online. You must have a certified LCA in order to apply for an E-3 visa.
What start date can I request for my E-3 visa employment? Since the quota for E-3 visas is rarely reached, E-3 visa holders can start at any date within the calendar year, and are not required to start on October 1st like new H-1B visa holders.
What if I don't live in New York City? Don’t live in New York City? No problem! We take great pride in offering the same stellar level of service to individuals whether they are located across the street, across the country, or across the globe. Whether we meet in person, over the phone, or using the internet, our strong communication will be an asset to your case.
How long does it take? Turnaround time really depends on how long it takes our clients to gather the information required to submit an application. Generally turnaround time is 7 days once we have all the required information. Visa approval time depends on whether you opt for consular processing or file for a change of status with USCIS. Consular processing can generate an approval almost immediately whereas an application filed in the US with USCIS can take up to a couple of months. Premium processing is not currently available with E-3 visas. In most E-3 visa situations, consular processing is advised.
How much are the E-3 visa application fees? If filing directly at a U.S. Consulate abroad, you will have a visa application fee of $390. If you are filing in the U.S. because you are already in the U.S. in a nonimmigrant status, you will have a petition fee of $325. Keep in mind that if you want to travel internationally, you will have to apply for a visa anyway at a Consulate abroad and therefore incur the $390 fee. Please call use to discuss our legal fee. Rest easy, Lightman Law Firm takes great pride in offering the highest level of service at an affordable FLAT rate, and we will never pressure you to work with us. What are the E-3 Visa Lawyer legal fees for E-3 representation? Give us a call and we will be happy to discuss our fees with you. Rest easy, Lightman Law Firm prides itself in offering the highest level of service at an affordable FLAT rate. You will never experience any pressure or obligation to work with us. Put our E-3 Visa Lawyer experience to work for you.
Contact us to discuss your case:
* 212-643-0985 * 800-673-1120 *
Did You Know?
Some Interesting E-3 Visa Facts that May Help You:
E-3 Visa Quota or Cap
Like the H1B Visa, there is an E-3 visa quota or cap every year of 10,500. While this number could hypothetically be reached in any given year, it has not been reached in many years (we'd go so far as saying it's never been reached, but we don't have the firm data to back up that statement). This is contrary to the H1B visa quota, which is reached every year, sometimes quite early in the year.
Full-time or Part-time for E-3 Status
You may apply for an E-3 visa for a full-time position or a part-time position. Generally speaking, any position requiring less than 35 hours per week would be considered a part-time position.
E-3 Visa Transfer
You can transfer your E-3 Visa from one employer to another. There is no limit on the number of E-3 transfer applications that can be filed. You can either transfer your E-3 to a new employer by submitting an petition in the U.S. or you can apply for the E-3 at a U.S. Consulate abroad. Although we're calling this a "transfer", it's essentially filing a new application. Keep in mind that it typically doesn't make sense to transfer to a new employer by submitting a petition in the US, since it could take approximately 2-3 months until the petition is approved. Unlike with an H1B transfer petition, you cannot begin working for the new employer upon the filing of the petition with USCIS and you cannot file the petition via premium processing, hence the reason that it is typically more efficient to apply for the E-3 with the new employer at a US Consulate abroad .
Spouses of E-3s & Work Authorization
Spouses of E-3 visa holders (they will obtain an E-3D) may apply for work authorization in the U.S. to allow them to work in any capacity. This is a huge advantage as compared to the H4 status (this is what spouses of H1B holders obtain), as the H4 status does not allow work authorization. It's important to note that in order to obtain work authorization in the US, the E-3D visa holder will have to submit a separate application in the US for a work authorization card. In other words, unlike the E-3 visa, merely being in the US in the E-3D status does not give the holder the authority to legally work in the US. Duration of the E-3 Visa
The E-3 is valid for 2 year periods at a time. Unlike the H1B status, there is no limit as to how long you can be in the E-3 status. This is a huge advantage compared to the H1B.
E-3 and Immigrant Intent
The E-3 Visa is not a "dual intent" visa, like the H-1B or L-1 visa. This means that it does not tolerate "immigrant intent", which is the intent to apply for a green card in the US or stay permanently in the US. That being the case, one needs to be careful in navigating the green card process when they are on an E-3 visa. For example, if an individual is in the US in the E-3 visa status and they submit a green card through marriage application, they cannot travel out of the US while the application is pending before receiving advance parole travel authorization or being approved for a green card. By contrast, an individual in the H-1B and L-1 statuses can travel while a green card application is pending since the visas tolerate "immigrant intent". Due to the fact that the E-3 visa does not tolerate immigrant intent, some people prefer to navigate the green card process through the immigrant visa route as opposed to wrapping up the process in the US through the adjustment of status process.
Alternatives to the E-3 Visa
The following are some alternatives to the E-3 visa: the L-1 visa for intracompany transferees or the O-1 visa for extraordinary individuals. Other visas that may be suitable, depending on the nature of the situation, are the J-1 visa, the E-1 treaty trader visa, or the E-2 treaty investor visa. If you happen to also be a Canadian citizen, the TN visa is also a great alternative as long as you qualify under one of the professions. If you don't qualify for an E-3 visa, you will also not qualify for an H-1B visa, as the essential requirements are the same.
Size of Employer
An E-3 petitioning employer can be of any size. We have successfully obtained E-3 visa approvals for companies with 1,000s of employees just as we have obtained successful approvals for company's with as few as 1, 2 or 3 employees. What is important is that the company is a legit operation and that they have a need for an individual of a certain occupation.
Please Contact Us to Discuss Your Case with an E-3 Visa Lawyer!
Call 212-643-0985 or email