If you are new to the world of the E3 visa or only just beginning to embark upon the idea of living and working in the US and finding a job then this question may puzzle you a little.
As you will no doubt find soon enough and as both all those who are well into their US job search know as well as the lucky ones who have successfully found and been sponsored for a position, it is a question you will have to address at some point if you want success.
I have discussed in numerous other posts and will continue to again talk about the challenges of finding a position all visa holders but the Australian E3 aspirants do have a unique case. To note the E3 Visa only applies to Australian Citizens as a follow on part of the Australian-United States Free Trade Agreement (AUSFTA).
Your challenges in finding a position is not only to find an employer willing to hire you but one willing to sponsor you as well. As in the US System you must have a job lined up prior to arriving in the US unlike many other working visas for other countries.
Now the Australian looking for sponsorship under the E3 class is no different in this regard, except that they do have many advantages and a couple of challenges compared to the other visa class aspirants. The good news is that the challenges can all be addressed by you simply and the benefits are very helpful to employers compared to other visas.
BENEFITS:
- Potentially no cost to the employer as the only form they have to file is a Labor Condition Application (LCA) on form 9035/9035E to the Department of Labor (DOL). It is no cost to file this form and approval can be received very quickly in a matter of a few days or less. This form is also very short and simple to fill out
- This application can be made at any time of the year and your able to commence work at any time of the year
- Your visa rolls potentially rollsover indefinitely** With the H1B visa, the costs are heavy for filing a petition, you can only do it at certain times of the year and you can only commence work at a certain time each year.
CHALLENGES:
- The E3 is virtually unknown by employers, many Immigration attorneys and even people who work for the Immigration Departments in the US
- Employers may assume it is like H1B and thus costly and with many conditions attached to filing
As you can maybe gather from reading the challenges, they could be overcome easily if you have a ready and confident explanation at hand.
There are many ways to approach this as well as times to bring it up as I have discussed in other posts. I think I will leave the a long discussion into the timing issue for other posts as it a talking point unto itself.
Many people believe you can bring this up later in the Interview process and be successful by not eliminating many employers at the beginning. I am of the school of belief and practiced the approach of being upfront with a short paragraph in my cover letter so it was there upfront. I did this so I could not be accused of hiding anything nor cause heartache at the end by being disqualified after going through a long process just because someone was reluctant to sponsor. (in future posts I will discuss the cover letter and resume for the US employer audience)
So leaving aside when you tell a potential employer, two of the most common approaches candidates use are to compare to 2 other visas, to highlight the positives and counter the challenges I raised above.
More employers are aware much more of the general H1B visa as well as the TN visa which is available for Canadian and Mexican professionals as part of NAFTA (North American Free Trade Agreement). It is the Canadian part of this visa I will focus on.
So when you are at the point of explaining sponsorship and the E3 visa take into account the employer will probably have pre-conceived notions about difficulty, long times and excessive cost or they may be completely clueless.
Assuming they are now sold on you as a candidate, mention that the E3 visa works a lot like the TN visa for Canadians in that there is no cost to the employer, it can be filed and approved quickly at any time (including online here) and is renewable indefinitely. Thus it works practically exactly like the H1B visa just without all the regulations, fixed dates and excessive costs. If the employer is truly sold on you already, this is usually music to their ears.
Point them to online and government resources if the are unsure but it tends not to be a difficult sell if they want you as a candidate. The challenge of making them love you as candidate of course where you need to shine too 🙂
As a side note for Form 9035 in you send via regular mail or 9035E if you file electronically, you should note Form ETA 9035, at the top “E-3 – Australia – to be processed”, or mark ETA 9035E for E-3 Australia. Either form is acceptable.
Good Luck and I look forward to your comments as always….
CJ
Hey Chris,
Thanks so much for the tips and info. It’s good to know the E3 is similar to the Canadian TN when explaining to prospective employers!
I’m in NY at the moment looking for work, so your blog is very handy.
I applied for a job yesterday and the online form included the question “are you a US citizen or eligible to work in the US? yes/no” i wasn’t sure what to reply, as the E3 comes after the job offer, but i want to be considered for the job as well!
Anyway thanks again, keep up the great work. Fingers crossed i will be an E3 veteran soon enough.
N
Hi Nadine,
I am glad to provide a little bit of help to you in your quest. NY is a great city to live in so I wish you luck. Please stay tuned, as I will continually update this every couple of days with all the tips I can give. That question in online questionnaires is very common….for the most part those employers tend to be reluctant to sponsor. However in general I would answer No as you may have read in other posts there is nothing worse then going down a process, getting your hopes up, and then them rejecting you based on this issue.
On the other hand it is an unknown visa so when people realize it is simple and no cost to them unlike H1B then they do become more open. Keep at it, looking for a job becomes a job in itself in a way…and some days you will go without any response…and then you get a lot in a row!
All the best,
CJ
I got some feedback from an IT recruiter, who said that he thinks the time it takes to obtain a visa is probably the biggest barrier. Not to say that the advice above isn’t helpful, only that it’s not all there is.
In my case, I calculated that the total time in the best case is around 10 days, which is fine, but if there is “administrative processing” involved, it could be around 2 months. The problem is I don’t really know when this processing is required, and so when asked what sort of lead time they’re facing, I feel I ought to mention the worst-case time, as any diligent manager will have to allow for this.
Of course, if anyone has any information to share on this issue, I would be most appreciative!
Hi George,
Don’t believe recruiters as they really don’t know what they are talking about as they never had to go through the process themselves.
The E-3 visa is one of the most straight forward administrative US visa of any type there is. As the employer part of submitting the Form 9035E online is so quick, approval comes very quickly.
The visa interview at the consulate is most often so straightforward and in many cases it will be mailed back to you the following day.
It is rare you will require additional processing unless there was something unusual in your background or strange about your job offer.
You can do it in Canada or Mexico as well after an interview in the US so cuts down travel time as well.
Employer are so used to the long approval times and strict dates and conditions with the H-1B visa that the E-3 visa seems like a dream 🙂
Good Luck,
CJ
Hi,
Thanks for the great info that I’ve been looking for it for soooooo long!
would u know of any database like list that I can find the potential employers that have issued working visa in past?
by the way, I’ve heard due to the US economical crisis, the employers must first look for us resident employees & prove it to the government! then if were successful, need to submit their names to the government demanding oversees employees!
man, that’s too hard!
any light?
Hi SR,
If you are talking about the E3 visa, there is no list of past employer sponsors I am aware of but as soon as I am you can be assured I will do a post about it. If you are interested in the E3 visa employers or indeed other work visas like the H-1B visa look at these lists below as it your best guide as the prior US work visa sponsors for any visa will be your best guide.
1. https://visacoach.org/2009/02/26/the-top-100-companies-that-sponsored-us-visas/ – detailed information about the 2008 top H-1B visa sponsors
2. https://visacoach.org/us-visa-employers/ – list of top 200 us visa sponsors last year
3. http://www.geocities.com/ResearchTriangle/6663/visa.html – a database type list of H-1B visa sponsors
4. http://www.computerworld.com/action/article.do?command=viewArticleBasic&articleId=9128436 – a full list of the top H-1B visa sponsors from 2008
As for the second part of your questing, the TARP or Bailout companies are almost prohibited for hiring foreigners for 2 years (you can find a list of these here: https://visacoach.org/listTARPcomp.pdf.
However most companies have the process as normal and if you have a legitimate job offer from a legitimate company you should almost be certainly be fine.
Good Luck,
CJ
Hey mate!
ur guides r fabulous!
Thanks heaps!
I am currently on an E3visa but am looking at changing agencies. I understand that a new employer can apply for a transfer E3. How long does this take, and, I was told yesterday that immigration has now made it harder to renew E3 visa’s and the majority that apply for renewals wont get them. Have you heard anything about this. I think I really need legal help
Thanks alot for this site, just leeing you know that the LCA) on form 9035/9035E to the Department of Labor link that you had has changed a little and there is a portal to another page, may be more confusing to employers if I gave them this link
Hi Irene,
A new employer can apply for transfer of the E3 visa although is not a quick process or simple like the H1B visa.
I am not sure who told you that renewal is harder but that is certainly not true. As long as everything is in order, it will be the same process as before.
As for legal help, that is of course your decision but my suggestion is don’t waste your money as I am not sure what extra you will get of them. Just as when you originally got your E3 visa, as long as the same documents are in order, you should be fine.
Good Luck,
CJ
Thanks Adam for the update and prior to me making this change, your note is great clarification for readers 🙂
CJ
Thank you for your advice. My agency have told my prospective new employer that they need to file a new LCA which takes 10 days to certify then after that a visa transfer for the I-129 for the E3 classification would need to be filed. This takes another 14 days and cost $320. They also sugest they employ an immigration lawyer
Hi Irene,
Just be careful about the USCIS I-129 filing as 14 days is an optimistic time frame. This can take a lot longer. If they are paying for the lawyers then great, it is yourself, then you can always do it on your own.
Good Luck,
CJ
I have been trying to find information on USCIS but can not find any. I am so confused about the whole issue
Hi Irene,
Information on what? On how long processing takes…in the end even if it was on there it would be a vague answer. You can call USCIS and ask them what the avergae processing times are currently but they might say it might be anywhere from 2 weeks to 10 weeks which isn’t helpful unfortunately. The best advice is just do things in advance as much as possible.
CJ
Hi,
Would I being an Aus Citz and Real estate agent have the E3 Visa avail to me or would my profession not qualify?
Sorry, forgot to mention I have 5+ years exp, cert etc. IF not ht e/3 what work visa would best suit?
Hi Empyre,
A real estate agent regardless of experience would find it tough to qualify for the E3 visa for this sole reason (https://visacoach.org/2009/05/22/e3-visa-the-bachelors-degree-specialty-occupation-conditions/). Basically what that post explains is that while you don’t need a Bachelors Degree minimum yourself if your experience is enough to suffice, the job you are applying for must have as one of its criteria that the candidate have a Bachelors Degree. Few Real Estate agent jobs meet this criteria.
If you have a university degree then you could possibly apply for other positions and if you secure a role then go under the E3 Visa. If you don’t, then it becomes very difficult and probably your best option is the J1 Visa either Work and Travel visa (https://visacoach.org/2009/02/11/j1-visa-work-and-travel-program-background/) where they have a special 1 year option for Australians.
Good Luck,
CJ
This sounds very encouraging to me. I’m currently in Australia looking for work in the US but worried about the visa being a deterrent. I will use this blod with my cover letter thank you!
My one concern is…is the E3 like other visas where they have to prove an American can’t do the same job? And also…have they clamped down on who gets approved with the current economy and so many US citizens out of work? Or is it a simple matter of job offer = visa?
Hi Richard,
It’s not quite a matter of job offer equals a visa but as long as your qualifications and/or experience are legitimate and relevant and then match the job you are applying for. Then as long as your company is a legitimate company then you should have no issue if they extend and offer to you and agree to sponsor you. Because it doesn’t have the scrutiny of the H1B visa in the public, it is less of an issue with all the hoopla about foreigners in recent economic times. I have heard of no E3 visa denials during this time due to the issue of the employer needing to find a US worker instead.
Good Luck,
CJ
WOW that IS good news. I’ve recently added a paragraph in my cover letters stating the differences between the H1B and the E3 and comparing it to the Canadian one (as you advised). My whole resume is finance related at the investment banks and I’m applying for jobs in the US investment banks (I have a degree). SO many times though they say “we can’t prove an American can’t do this job”. The fact that this is void is good news to me! Just reading this blog has been a huge relief so thank you! Are there age restrictions on the E3? You think given my experience and degree and the jobs I’m going for, really the visa is now a non-issue?
Hi Richard,
Well it is not all good news in your industry. There is a separate issue as many companies in all parts of the banking industry received TARP funds and therefore have a 2 year restriction on hiring foreign labor unless there is no one available. Practically this really has referred to the H1B and L1 visas rather than the E3 visa or TN visa for Canadians, however these companies are so afraid of the bad PR they have put a hiring freeze on foreign labor. This actual restriction lasts for 2 years.
Additionally many other companies like Microsoft, traditionally a Top 5 employer in terms of annual numbers of foreign labor and huge advocate of increased skilled migration, have dramatically reduced their intake this year not because of any legal reason but purely because of PR with the American public due to the overall high unemployment.
So the battle in this current economic climate, especially in your field, has a lot to do with PR and thus it is certainly a challenge. It is not impossible as I know foreigners who have started roles in your industry in 2009 but it is not easy as it is not easy for many US citizens who lost jobs in your industry to find work. Areas like Philadelphia and Boston have seemingly the better prospects for finance right now that traditional centers like NY where a majority of the job losses occurred.
There is no age restriction for the E3 visa.
So it really is the economy that is the biggest challenge to overcome now to find an employer and not so much the process itself which remains the same.
Good Luck,
CJ
Hi,
I am trying to find out if i would qualify for this visa. I hold an Advanced Diploma of Interior Design (3 year full time tafe course) and have been working in the industry for 5 years. The Diploma teachings are pretty much on par with the university degree.
Do you have any info as to whether i would qualify? I have been wanting to work in and move to america for the past 3 years now and im so hoping i can this way.
Thanks heaps
SOrry i should have also mentioned i am an australian citizen living here since 1995, i am 29. originally born and live in the UK until i moved to Oz
Hi Holly,
To be honest, sadly I think you would struggle for 2 main reasons covered more fully here (https://visacoach.org/2009/05/22/e3-visa-the-bachelors-degree-specialty-occupation-conditions/)
1. The job you apply to must have a bachelors degree as a pre-requisite even if you don’t have one so to find such a job in your industry, in the US where that said employer would agree to sponsor you would be tough given you don’t have a degree.
2. Even if you can satisfy Point 1, your experience must be deemed the equivalent of a US bachelors degree which is usually 4 years in length. So the general rule of thumb (but not written) is 3 yrs of relevant experience for every 1 year of a degree which equates to about 12 yrs of experience which you don’t seem to meet even if you include your Diploma study.
It is a crazy system, US Immigration and even people who have 15 yrs of experience and other types of qualifications still struggle with this and other US visas because of the above 2 points.
The J1 visa PCT program (https://visacoach.org/2009/03/14/j-1-visa-internship-int-professional-career-training-pct-programs/) or the H2B visa may be something to consider if you can find a willing employer in your field as you would fit those criteria seemingly.
Good Luck,
CJ
Thank you for your quick response. Although not the good news I was hoping for. So even though my qualification deems me on par with the equivalent uni degree, I will struggle to do this? I am desperate to move and work in america. Do I have any other options? I don’t think the traineeship route will be the way to go? And as an UK born citizen, I am unable do apply for the green card lottery. Do you know anything about UK citizens and the visa options?
Thank you in advance for your reply
Holly
Also, do you know how it view TAFE equivalent diplomas? by the time i would be wanting to apply i would have 6 years revelant work experience.
(SOrry for all the questions, i am desperate to figure out if there is a way i can move there and work)
thank you so much
Hi Holly,
Yes because it is the US Government’s determination essentially of what a Bachelor’s Degree and not any Australian interpretation. Your TAFE diploma would probably viewed similarly to an Associate Degree or Certificate qualification in the US which are the tertiary qualification just below the Bachelor’s Degree in the US system. So like I said it becomes up to them how they view that 3 yrs and how much of it counts. There is no real set visible rules around this I am aware of but am sure they follow some internal guidelines.
Also when they talk about equivalency like I said, they may or may not view your TAFE diploma as part of it or just take a portion of it. So with that 3 to 1 rule which judging by people’s feedback on here seems to be more strictly enforced than ever, particularly when the job someone is taking is not super specialized in the sense that a small fraction of people would be qualified to do it, it seems to become more necessary to meet that level of experience which means something in the order of 12 years in your field.
There is no specific visa for UK citizens (and indeed almost all countries) like there is for Australians and the E3 visa. Yes unfortunately as you are considered a UK citizen as far as the Green Card Lottery is concerned and thus ineligible. The only exception to that is at the time of your birth in the UK, at least on of your parents was non permanent resident or citizen of another country that is eligible. If that is the case then you can claim eligibility through that country for the purposes of the Green Card Lottery.
Holly I think you should seriously consider the J1-Visa PCT version as many people in a somewhat similar position to you, do use that to work in the US.
The US Immigration system is very strict and the visa options pretty narrowly defined which is why there are so few options and I mentioned before that the J1 or H2B are ones you could consider at this point.
I am sorry I don’t have the positive news you would like to hear but this is the unfortunate, unfair, crazy reality of US Immigration and people like all of us here have to essentially find a path within that somehow suits us.
Good Luck,
CJ
Hi, I am an Australian citizen with a Bachelor of Management majoring in PR and Events from an Australian university. I have 5 years professional experience in public relations. I am searching for a role in the US and plan to apply for the E3 visa when I find a job.
I was recently in the US for 8 weeks and plan to return to the US again in late January.
Am I able to enter the US on the Visa Waiver Program to continue my search, and then apply for the E3 visa in an approved city outside of the US?
Thanks in advance for your response!
Lucy
Hi Lucy,
Yes you are able to enter the US on the Visa Waiver Program and then leave the US to actually get your US Visa if you successfully find employment and a sponsor. Many people don’t specifically mention they are job searching when they enter the US to ease entry but it is certainly not prohibited and is even mentioned on the US Embassy site for Canberra in the E3 Visa FAQ.
Good Luck and Happy New Year,
CJ
Hi, I have been a resident in the USA since May2007 initially on a L1 Visa and 9 months ago moved to an E3 with a new Australian Start Up Company. Funding has failed and I need to find another sponsoring company with a similar (CFO) position if I am to stay in the USA, which I am wanting to do. I need to know and tell a potential sponsoring USA company that (from what I read in above Irene posts) that it is a matter of process and should all the requirements be met that the E3 visa can be issued with the new USA sponsor. But just to confirm….it is the new company that applies for a transfer….ie not a new E3 application? My original E3 Visa took about 10 weeks and I then had to get to a US Consulate to have my passport updated. So with a successful transfer will I need to head back out of the USA to have my Passport updated? I have used an immigration lawyer on both Visas and whilst expensive found that they will provide more certainty and less document mistakes…so if you or your company have the funds this is a more certain approach. Regards WM
Hi WM,
Yes your new company that applies for the transfer. However in that filing with the USCIS, you need to show pay stubs from your current employer showing continued payment (and thus employment). Reading your post, this sounds like it may be an issue as technically you are only allowed to be out of work on the e3 visa for 10 days, which is never enough time to get this all approved. It doesn’t technically have the same portability that the H1B visa has where you can begin work for a new employer while your case is being assessed. Although that seems to be the intention of the law regarding of the e3 visa, it is not explicitly stated. Honestly it would be quicker if you find a new employer to just leave the US and go to Canada and apply for new e3 visa. This is a common approach for people in your situation.
As for your suggestion about use of a lawyer, I have to disagree with you there on one part in that, you certainly don’t need one with the e3 visa to be certain of anything. In any individual case, if it makes you or the company you work for more comfortable (especially if they are paying the bill), then you should. However there are so many instances of people with lawyers not getting their e3 visa and people without getting their e3 visas. You can read hear of the many individual experiences of document mistakes made by prestigious law firms that are promoted by Australian Professional groups in the US. It is a simple process for most circumstances. In the case of a start up company, particularly if it is foreign owned, then there is a case for using a lawyer as there can be some issues there.
Good Luck in your search,
CJ
Hi CJ,
Thanks for the fast reply….there was more blogs I read on your site that confirms what you say about using lawyers etc….I will look very closely at doing it my self.
Here is more background on my situation….The Australian Start Up incorporatated a USA LLC back in March last year. That entity became the applicant/sponsor. I was aproved in June and went to Australia in July where the US consulate in Melbourne completed the Passport & E3 Visa process. The Australian company advanced some working capital but for the past 6 months I have been using my own funds to stay afloat. So I’m now a bit concerned when you say I will need to show pay slips from by current employer. How strict are the USCIS likely to be looking at a genuine employment intention but due to our unsuccessful fund raising I have not been paid. The current employer is more than happy to assist in any way to ensure I can transitiion to the new employer. New employer is also flexible to ensure that we are compliant with USCIS. So in your opinion is it still best I to apply for a new E3 (and so avoiding the payslip issue) or is there a way through the situation I’m in. If I get up to Vancouver and apply for a new E3….what happens then? Do I have to stay there till I get the E3 approved? What has been the average time frame for the approval? I propably need someone to step me through the process I need to undertake. Maybe I should call the USCIS? WM
Hi,
Ill keep it short and sweet. I am really hoping to work in New York, currently living in Australia, I have a Law degree and a post graduate diploma in legal practice as well. I have been a solicitor in queensland for 3 years and have excellent experience. I want to work in New York in the legal profession, but obv differences in laws etc means i couldnt practice as a solicitor but i would be happy to work as a paralegal or something along those lines. My query is would this classify as a specialty occupation? I note that after looking through many jobs for paralegals they often require a bachelors degree…??
Any help would be greatly appreciated.
-Sarah
Hi WM,
Honestly it seems like it will just be simpler and quicker for you given all you describe to do a new E3 visa with your new company. That would mean less explanation on lack of a salary or the uncertain transfer processing time. Plus a new E3 visa will give you a full 2 years of being able to come and go into the US than doing a transfer within the US.
Many people go to Canada to do their E3 visa and the processing time, all things being equal with the application is the same as if you did it in Australia.
The process is very simple in that your new company has to file Form ETA-9035(e) with the Department of Labor. This can be done online and is so you can get an approved LCA. You then take this document along with an official company offer letter combined with your supporting documents like you did the other times to your interview. You can read this if it will help as well https://visacoach.org/2009/11/02/e3-visa-us-consulate-interview/.
Good Luck,
CJ
Hi Sarah,
Well done in setting yourself this lofty goal and keep at it and you will achieve it.
Yes paralegals tend to require bachelors degrees in the US. However one thing to be careful with is that while your role can be a paralegal, it is probably better to frame it is a different role and possibly with a different title when doing your visa application after finding an employer sponsor (https://visacoach.org/2009/05/22/e3-visa-the-bachelors-degree-specialty-occupation-conditions/). If you read the site you will see cases of people on here where just because someone’s title was paralegal on the application they were denied an E-3 visa at the US Consulate. Probably more because of the perception of the role in the officer’s head more than anything else as otherwise it would certainly meet the definition.
Maybe also consider in house counsel type roles for corporations possibly dealing with companies who do business Internationally.
Good Luck,
CJ
Thanks CJ, I really appreciate you taking the time to provide information in relation to my queries. I’m going to keep at it, am definitely motivated to go through with it all esp now i know I could qualify for one.
Hi CJ,
First of all thank you for providing this information to all of us aspiring E-3 Visa holders. I have a Bachelor of Communication (Business) majoring in PR and Marketing with approximately 3 years experience. I am in a long distance relationship with an American citizen and we are trying to get me over there on the E-3 visa and looking to get married in the next few years. I was wondering three things..
1. Do they make it more difficult for you to obtain an E-3 visa if I mention my partner.. or does it make it easier?
2. Do you think it is realistic for me to be able to find a job here without being able to be interviewed face to face in the USA or do you recommend I make a trip to look for work? (as you said I would enter on the visa waiver).
3. If I initially move to Vancouver (my partner is just down the road in Seattle) and look for work whilst being based there, can I apply for and be issued the E-3 Visa in Vancouver without having to come home to Australia?
Sorry if you have already answered these but I couldn’t see it in the other posts.
Once again thanks for your time!!
Sorry one more thing, a lot of people suggest we just get marriage visa but although we eventually plan to be married we don’t want to have to rush everything and do a vegas wedding just to get me in the country 🙂 So that is why I am trying the E-3 first – just in case you suggested that 🙂 Thanks CJ
Hi there,
Your site has given me so much great info!!! I am a fashion, hair and makeup stylist, I have 1 year of uni in Theatre and costume design (incomplete degree), 1 year makeup diploma, 1 year of a Hairdressing diploma and 4 years of full time experience in various progressive positions. I have a secured job offer from NYC working as a hair and makeup artist on high end and high paying jobs in the fashion industry and my employer is an internationally recognised high profile stylist, with her own salons nd distribution company.
The degree I am waiting to get an equivalency for is a bachelor in fine arts majoring in Wigs and Makeup from North Carolina School of the Arts, this is a US degree but is a 3 year degree . If I get the equivalency and my job offer requires a degree like that, what are the chances of getting an e-3, since the area of the industry I work in is a specialty and does require a specialised body of knowledge and experience???
Any light you can shed would be greatly appreciated.
Regards
Lauren
Hi SJ,
Thanks for the kind words, I certainly appreciate it.
1. It probably does make it possibly more difficult when you do the approval part at the US consulate if you were to mention it, b/c strictly speaking the E3 visa is not a dual intent visa (even though you are able to apply for a green card simulatenously while on it or transfer to other visas) and the expectation is that you would leave at the end of the visa period. It is a real gray area with no definite answer meaning the experiences have been varied depending on who you talk to with people in similar situations.
2. I don’t think it is realistic for most people to hire you without a face to face interview. The only time this tends to happen is ultra specialized positions whereby the skillset a person has is very rare. So yes to increase your chances greatly is definitely worthwhile to make a trip to the US and you can read some of the other posts here for suggestions and others experiences. Remember if you enter on the visa waiver program you have to leave the US to get your actual E3 visa.
3. Yes you can be issued the E3 visa anywhere in Canada there is a US Consulate so Vancouver is certainly a place many people go to do their E3 visa application and interview.
Yes the K1 or K3 visa is an option of course and you can read that about on other posts here in regards to fiancee or marriage. Truth be told it will make things a lot easier for you and a lot more flexible but of course you should follow ultimately the path you both want to take.
Good Luck,
CJ
Hi Lauren,
Thank you for the kind words and I am glad to hear you are pursuing your dream vigorously. New York is certainly a great place to live and certainly for someone in your field.
Your experience and lack of degree certainly isn’t the ideal fit for the E3 visa criteria and your industry is a tougher one to get approved for because it is the job itself that has to say that any candidate applying for it must have a bachelors degree. Thus they then offer you a job and hire you in spite of their own criteria because of your background and experience. At the US consulate interview this will probably be toughest part I am guessing for you when they assess things.
However having said all that, you are certainly doing all the right things by getting a specific US degree equivalency done and that all your academic and professional experience completely matches the career you are pursuing. You are certainly covering all bases.
There is no hard and fast, black and white final criteria in the end, as you can read throughout this site (and as I am aware myself), many people are successful and others are not with a similar situation. All I can say is cover all bases as you are and bring every possible bit of proof to your E3 visa interview and fingers crossed you will be fine and hopefully not even need to even show most of it to them.
Good Luck,
CJ
Hello! First of all, thank you so much for this blog. It takes away a lot of the fear that comes with not having the right information and not knowing where to get it! My brother-in-law pointed me to your blog as I am planning to make the move to the US in a month. I’ve looked at the education requirements and it seems I am eligible for the E3 Visa. My question is about having to file my paperwork outside the US.
1. Do I have to go back to Australia to do this or can I just hop over to Canada? (much cheaper airfare!)
2. If I do return to Australia, approximately how long do I have to stay? Do I just have to file the paperwork and then fly back to the US, or do I have to wait until the visa is ready?
3. When talking to prospective employers, what can I say to reassure them about my having to travel outside of the country to file my papaerwork?
Thank you again for all your help!
Regards,
Jenny
Hi,
Fantastic and informative site.
Both myself and my boyfriend got jobs with the same company and got E3 visa’s last year. We plan on getting married soon and I’d like to go on the E3-D visa(under his E3). I don’t much like my job, and want to be able to leave it and get another- I believe on the E3-D visa you are free to work in any job here in the USA.
My question is how would we go about changing my E3 to an E3-D? Do we both have to leave the country? Does he have to get a new E3?
Thanks,
Mabel
Hi Mabel,
Thanks for the kind words. There are things to note with the E3-D visa in that it will probably take about 2-3 months to get approval for you to start working after you arrive in the US. It doesn’t give instant work access. Yes you are right you can work in position under the E3-D visa. Given you are not married and you are currently under the E3 visa, transferring to the E3 visa while not disallowed anywhere would probably be highly unusual. It may be beneficial for at least you to leave the country after you get married and apply for the E3-D visa overseas. He should not have to get a new E3 visa but now your expiry period will be shorter than 2 years as it will be tied to his.
Good Luck,
CJ
Hi Jenny,
Thanks for the kind words and glad it is helping you.
1. Yes you can do the visa application at a US Consulate in Canada
2. If you did it in Australia, you can leave as soon as you have the E3 visa stamp in your passport
3. I mean the best advice hear is what is in this article as hiring foreigners always requires a US visa. If you are applying at a company that has never hired a foreigner before then making yourself the best possible candidate and easing them through the process is the best thing you can do to reassure them that hiring you and the lag for you to get your visa is worth it.
Good Luck,
CJ
Fantastic information here. I actually had an appointment with an immigration officer and he had no clue.
My only question is… being on an F1 (OPT status) is it quicker to file the I-129 and transfer to an E3 or should I get a brand new E3? (I sent you an email about this too)…
Hi Jack,
Thanks for the kind words.
It is probably quicker to get a new E3 visa in a place like Canada but if you are on the F1 visa OPT program, often waiting for processing is not really an issue if you OPT is still active and you can still work. There are also extensions for OPT you can read about here if you have not already; https://visacoach.org/2010/02/11/f1-visa-opt-occupational-practical-training-information/
Good Luck,
CJ
When Shakira stated “that I am pretty much undocumented” is absolutely ridiculous. She came to our country with documents. When entering into the United States legitimately you must show your passport, which Shakira certainly did. By challenging Arpaio to come and get her because she left her passport at her 5 star hotel clearly indicates Shakira does not understand the Arizona Senate Bill 1070. By Shakria not carrying her passport or identification does not mean she will be arrested. One must engage in illegal activity to be arrested and asked for identification, which most likely Shakira will not be engaging in illegal activity. For someone to rally other individuals without fully understanding the SB 1070 is irresponsible. People (including Shakira) need to take the time to fully understand the law before grand standing to an audience who expects her to be informed. Shakira should respect the United State’s freedom of speech and should be fully educated on the law before leading an emotional charged crowd. This law is not new, it is enforcing what is already in place by the Federal Government. It is a Federal crime to be an illegal alien thus the term “illegal alien.” Crime has become an increasing problem in Arizona. The law is designed to punish criminals for being criminals not for being illegal immigrants. Which all members of our community should embrace. If the Federal Government would take illegal immigration seriously there could be alternatives for this law. But the Federal Government ignored Arizona’s immigration problem and decided they could not rely on the Federal Government for help. Arizona’s actions are directed against the members of the immigrant community that are criminals. Anyone, citizen or non-citizen, should agree that the increased violence around our boarders needs to be addressed. Immigrants and citizens need to work together to reduce crime. Shame on you Shakria for further inflaming a passionate subject that should be addressed rationally. Shame on you everyone else for not educating yourself on the SB 1070. For those of you that want to be educated you can read the full law here
Hi Arizona Citizen,
It would seem your comment would have been better placed under this post https://visacoach.org/2010/04/24/new-arizona-immigration-laws/. We appreciate your opinion and your thought but the fact is we all engage in illegal activities every day. We j-walk, don’t come to complete stops at stop signs, litter, smoke in prohibited areas, speed, make noise in quiet zones, etc. so it is easy to target (i.e. “profile”) anyone you want to and that is why people are up in arms about the law.
Crime is a problem in Arizona at a far greater proportion that crimes, illegal immigrants commit but this is a law designed for political reasons rather than practical ones.
CJ