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
Hi,
If you enter the US on a tourist visa and you are lucky enough to get a company to sponsor you an E3 visa do you have to organise the interiew with the US embassy OUTSIDE the US (e.g. Canada)?
I’ve been told that I can not simply change visa status while I’m in the US.
Hi Gerard,
Yes you have to do it outside the US like Canada if you are on the Visa Waiver Program. If you are on the B1 tourist visa you can theoretically transfer to the E3 visa but you have to apply for the B1 visa and attend an interview.
Cj
Help please!!
I need to draft a comment about this – “Don’t have to prove that an “American can’t do this job””. Is this correct? or do I have to get my employer to explain why they would employ me over an american citizen?
I have a bachelors degree and 4 years experience in a specialized area, and have a job lined up but they think they have to prove that an american can’t do it!!!
Please help
Cheers
Hi Verity,
The letter of the law states that but it doesn’t happen almost always in practice. If it did, there would be virtually no foreigners working in the US which is clearly not the case. Your employer is fine to hire you.
Cj
hi there, this is a great website, well done.
i have a questions in regard to an initial e3 visa application. i am currently in the US on a b1 visa and have been offered a job.
can the US embassy in Nassau process initial e3 visa applications? and if so, do they refer to this as an e3 renewal? or just as an initial e3 application?
many thanks
You have a great info here.
I’m a primary school teacher and am thinking of teaching in the USA with the E-3 visa. I have found some states who will visa sponsor if there is a teacher shortage. Does anyone know of any success storiesfor teachers?
Also, the process looks straight forward. Should I do it myself or use an immigration lawyer?
Karen
Hi!
Great website! I thought everything was to go smoothly but I’ve hit a unique snag… I hope someone can help with some guidance.
My husband is Australian and is currently working in the US on an E3 visa. We got married when he already had his visa and I am now working on getting my E3-D visa. Since the Spouse of the E3 recipient doesn’t need to also be Australian, everything seemed straight forward… but here is the snag… I am Canadian. (You wouldn’t think that would be an issue would you?)
Because I’m Canadian, I couldn’t book my Consular appointment online through NVARS (visas for Canadians who need them are usually issued at POE) so I had to call the (1-900) visa info-line. (They are not very useful for this type of visa)
They told me that because i was Canadian, I had to go to the POE to get it, she thought… (I made an appointment at the US consulate anyway, just in case) – so I went to the border and explained everything to the CBP officer (who was very nice) but he explained that all “E” class visas can only be issued at the Consulate but that they would be happy to process my I-94 once i have my Visa. So I travel to the Consulate and meet with the consular officer who tells me that I’m Canadian, so I have to get it at a land border. I asked him to pretend for a moment that I am Australian as “my” citizenship is irrelevant for the purpose of the E3D – he said “that would be different” but he was stuck in a loop over the fact that I was Canadian. (His position was supported by his supervisor) He said if CBP officers have questions they can call the consulate.
I called the POE and explained the situation with them – supervisor looked into it again and said they cannot issue E visas at the border. He called the Consulate and spoke to the supervisor and he asked her to send the documentation supporting her claim to him and that he would process it but he is confident that she is wrong and won’t find anything.
In the meantime, I have movers on standby and I’m paying huge storage fees for my belongings (lease ended July so staying with a friend until I can move).
Please help! Has anyone heard of this situation before?? Even with a different type of visa….
Thank you in advance!
Hi,
I am an australia citizen looking to study and work in the US. Is it possible to study while on a E3 visa? Is it hard to get a E3 visa for part time work?
Where can i find out about job requirements?
I have worked as a winemarker in a US winery, with my BSc and we are trying to get you part time work there again on a E3 while studying in a different field.
Would this be hard? Just means i would qualify for in-state fees after 12 months to make things cheaper.
Thanks in advance.
I had a question: I am an Australian who set-up an LLC in the US back in July 2010. Could this LLC act as a US employer for an E3 visa? I would like to work for my LLC, as this is something I have put a lot of work into. Please advise.
jones84.
Hi Karen,
Good luck in your journey. I haven’t heard many primary/elementary school teacher stories but it does fulfil the technical criteria of the E3 visa. There is no real need to use a lawyer and you can find all the information here.
Good Luck,
Cj
Hi Virginia,
Thanks for the kind words.
Your situations sounds terrible and showing the stupidity and illogical nature of many aspects of US Immigration law. I have no idea how to advise you other than to say I hope everything worked out and that at the very least the consulate and CBP officer learned something from the experience. Personally I think your US consulate is in the wrong but what do I know.
All the best,
Cj
Hi there,
Great website, very helpfull.
I have a degree in Commerce \ Human Resources and have been looking into a position as a Bussiness \ Human Resources Manager for a very small company that is looking to expand. How would the employer prove that a minimum of a bachelors degree is needed for this position? and where can I direct the employer to find info on wages needed for the Form ETA 9035?
Many Thanks
Hi,
Good information. Quick query; my partner is currently in the process of obtaining her E3 visa. She has a Post-Doc position at UCSF. There Immigration Department is handling a lot of the paperwork, so my partner is not having to deal with it.
We have been lead to believe though, that they (the immigrations department of UCSF) have paid fees of like $900 US so far. Also the process is dragging a bit (it’s been 2 months since my partner first passed on information to the immigration department that they requested). She is not overly concerned per se, as she still has over a month before her position starts, but from my point of view, I had thought that the process could/usually only takes around the month mark to complete, and that there were no fees for the US employers.
Has the process changed recently? When I get my position, I do not want to be waiting 3 months for my visa to go through. Can you shed some light on this situation? I am sorry I could not provide more information.
p.s. They did ask her (not sure it was a requirement) to send her Degree’s to get an American equivalency (I know it’s an option, but it’s not a visa requirement per se is it?).
Regards,
Derek.
Hi Chris,
Quick question. I’m an Oz citizen but got my degree outside of Oz (In Philippines, originally from there). I’ve got about 11yrs work experience here in Oz and about 4yrs in the Philippines. Will my degree be qualified? (+ experience). I’m in IT if that’s any help.
Thanks.
Hi,
I’ve been finding this info really helpful. I have just run into problems with my E3 application. The company that wants to sponsor me has spoken to an immigration attorney who is saying I’m not eligible. I have a bachelor degree however in the US this is a four year degree, and I am at just under three years experience. Can you please let me know if there are any avenues I can go through to justify to them that this wouldn’t matter, as as yet I haven’t heard of this regulation regarding the E3,
Many thanks
Hi! I have done a lot of research on the E3 visa and this is by far the best website I have found.
I am travelling to the US in March this year under the VWP to look for a job in accounting. I have nine years’ experience in audit at a Big 4 chartered firm as well as one year working as a finance manager in a large ASX listed company. I am looking for a job at manager level as an accountant and am pretty flexible in terms of where in the USA I go. I would really appreciate advice as to:
1) Where in the USA I would have the most luck finding an accounting job at manager level, especially as a non-US citizen; and
2) The best way to go about finding a job in this field, given I have very few contacts / limited network in the USA.
Thanks in advance for your help!
Hi,
Firstly, thanks a million for positing this valuable information. I have a question, I am currently working in the US on a L1 visa for a technology firm. I have been thinking of finding a new job and switch to E3 visa. Wondering, if the L1 to E3 switch is a difficult one? Is it viable as per the USCIS laws? If it is, and if my E3 application is approved, do I have to leave the country to activate E3?
Please advise.
Thanks in advance.
Hi Amy,
1. You could find work in most places but often you find it easier in locations where foreigners tend to go in lesser numbers with great employment situations and large cities. So the major cities in Texas, North Carolina or even Florida could be a good option.
2. The best way is to make great use of LinkedIn, use sites like Meetup.com to attend as many networking events you can and otherwise just apply, apply, apply.
Good Luck,
Cj
Hi
Great website!
I am currently looking at changing employers in the US and I am currently on an E3 visa. I am looking at obtaining my new E3 visa in Costa Rica and I wanted to ask if you know of anyone who has renewed their visa there? if yes how long did it take to process? Also the US embassy website for Costa Rica states once your visa has been approved , your passport can be picked up via a DHL office. Do you know if there is another method that can be used to retrieve your passport? I have emailed the consulate and to date have not received a direct answer.
Please advise and thanks in advance!
Lisa
Hi,
I’m so glad I found your website, it is extremely useful!! It has finally answered most of my questions!
I am currently applying for jobs in New York from Sydney and would like to know what I should write on my CV in terms of visa status.
I am eligible for both the E3 visa, J1 Summer work & Travel visa and J1 12 month working visa. What should I then write on my resume? What would look more appealing to employers? should I write that no visa requirements (as J1 visa is pretty much supplied by myself) considering that I would eventually have to be on an E3 visa later on?
Also, would I be able to transfer from a J1 work and travel summer visa to an E3 visa whilst im in the USA?
If I have a double degree in Business (majoring in economics) and Law can I apply for finance positions in the fashion industry?
thanks!
Hi,
I am currently here in New York, halfway through my J1 visa and have just been promoted to Assistant Manager in a retail store. I am looking to potentially organise to be on the E3 visa so that I can stay longer to work here for this employer in New York. I have a feeling this position would not qualify as a ‘specialty occupation,’ although the nature of the retail store relates to the Bachelor major I studied in Health and Nutrition. Would it be worth pursuing the E-3 and is there a way I can apply for more chance of success in this situation? My employer seems to be quite keen for me to stay on longer, I think the biggest barrier would be getting around the ‘specialty occupation’ requirement. Or is there another visa I could apply for so that I can stay employed with this company?
Thank you
Hi,
I was so happy to find out about the E-3 Visa Program and I have a few questions to ask.
I am an Australian National and I have been on a F-1 Visa for the past 5 years living here in Chicago. I have completed and passed my Associate Degree at college and I have just graduated from Northeastern University Chicago with my Bachelors Degree in Social Work; I also have my TAFE Degree from Australia as a CNA. Also I am on OPT (Occupational Practical Training) for a year and I have received my Work Authorization Document Card from the INS. I am in legal status and currently looking for work in my chosen field.
My questions are can I apply for the E-3 Visa while I am living here in Chicago and do I have to look for a job just in Social Work or can I also apply for CNA jobs?
Is the switch from F1 to E1 visa a difficult and problematic one? Should I still persue a H1B visa as that is a duel intent visa. Also are there any travel restrictions placed on E1 Visa holders…I haven’t been home in such a long time and I would like to go visit family for a few weeks.
Hi there,
Thank you for a wonderfully helpful site!
I am an Australian citizen desperate to obtain an E-3 visa to be with my partner in the US. I am a personal trainer and have been offered a corporate contract with a real estate company to provide my services to it’s employees (personal training).
I own a personal training business in Australia and have 12 years experience in the industry. My qualifications include Cerc. II (sport & rec). Cerc. III (fitness instructor) and Cerc, IV (Master Trainer). I will also be completing my bachelor’s degree in health science in 3 months time.
My questions are as follows:
1. a personal training position does not require a bachelor’s degree; does this mean that my occupation is not considered a “specialty field.”
2. Could I apply for the position despite not having completed my degree?
3. What if I decided to transfer my business across? Would this add weight to my application?
4. What do you think my chances are?
5. What are the best agencies to go through in order to put my best case forward/receive consultation and help. It’s so confusing!
Thank you so much 🙂
My Bachelor is a general degree, which is not related to my profession. My Masters degree is related to my profession. Would this be an issue for me, for getting to E3 ?
Thanks !
Hi Amy,
In general you will find the best prospects in states with the lower unemployment rates and ones which are not already full of thousands of foreigners like yourself and foreign students seeking work in the US. So while there is more raw amount of jobs say in the states of New York, Florida and California, their respective high unemployment rates and huge demand makes it a lot tougher. So would suggest states like North Carolina, Texas, Colorado, Pennsylvania and Massachusetts.
The best way is really following the advice we try and give you here and that other commenters make. Sart your search before you get to the US to maximize your time. Use LinkedIn and build up your profile and contact recruiters. Utilize sites like meetup.com and local Chambers of Commerce to attend networking type events when you are here to meet others in your field. Get a US number via Skype or Google Voice so you can put that immediately on your Resume you are sending out. Change your resume to a US format immediately as is very different to the Australian style.
Good Luck,
Cj
Hi. Just wanted to say what a FANTASTIC site! All the information and questions, and answers are just perfect! I am a newbie who spent 3 days and a few emails (that they would answer) to US consulate but I have learnt more in half an hours reading above than all previous research!
I have no questions at this point but was just about to draft a letter to a prospective employer very interested in me in the IT industry with a great job so now have all I need to ‘convince’ them my employment would be little more hassle to do than a local.
So..thanks to all who took time to ask, chat and answer above. Awesome!
Sandy
Hi! Great forum. Extremely helpful.
Just a quick question (my apologies if this has been answered already). I have read in your comments above that one is able to travel to Canada to fill out the paperwork. I have also read at US Embassy in Australia website (link below) that first timers need to apply in Australia. To the best of your knowledge do you know if this information still holds true today?
http://canberra.usembassy.gov/e3visa/apply_search.html
Thank you Kindly.
Ben
Hi,
I am an AU citizen and have higher degree qualifications in chemistry, but for over last ten years working in food industry as QA manager with experience in wide variety of product range and international food standards. I am interested in finding a job in US under E-3 category. Any advise? I have tried few years back and no positive responses.
Thanks in advance!
Hello,
Just wanted to thank you for your site ! Such a
great resource and help during the visa process
for me.
I just had a few questions about my particular case
that I was wondering if you could help with.
I am am australian graphic designer who studied in
Chicago for my Bachelor of Fine Art Degree and am
currently working in the US on my OPT. My OPT runs
out in 3 months and my company wants to hire me full-time
and sponsor me on the E-3.
Is there a difference if I am transfering from the F-1 to the
E-3 than the normal E-3 visa process?
I know in the forum, there is mention of the I-129 file for
transfer from the F-1 to the E-3 ?
What is the I-129? Do i need to fill out the I-129?
or just get the employer to send the 9035/9035E
to the Department of Labor…
Is there any additional costs/ paperwork I need to bring
as I am transferring from the F-1 to the E-3 ?
_thanks again !!
Hi Does being on an E-3 visa mean that you have to become a US tax payer?
Hi, A great blog that I have discovered today! I am enquiring for my son a profoundly deaf cinematographer who has worked on an E3 for the last 4 plus years. He is about to change jobs in (hopefully) 4 weeks time. I just need to know if the new employer has filed the LCA for a transfer can my son travel to his new employment to take up the position if the LCA is filed pending approval? Bearing in mind the 10 day between jobs transfer. It is an identical job offer so I figure there should not be glitches?
Thanks,
Hi,
Thanks for your great website, it has been very helpful!
I wanted to ask your advice, I am a 26 year old Australian and have been offered work with a luxury corporate gym chain over in New York.
I have the following:
– Bachelors degree – major in Psychology
– Fitness institute Australia certifications – 3 and 4
– 8+ years of experience in the industry.
If you could possibly let me know what my chances are for obtaining the E3 visa with this line of work and my qualifications that would be fantastic! I understand Pt may not qualify as a specialty occupation but would wording the position differently make a difference?
Thanks so much
Sam
This is an excellent resource. My question is whether there are restrictions on what type of employer can utilise the E3? I am currently in talks with a new non-profit that will soon be incorporated. Are there ‘cooling off times’ for the companies themselves?
The position will be quite senior and require not only Bachelors degree but an MSc (which I am currently completing at the London School of Economics). Regarding that does an MSc help with the process?
Hi CJ,
I hope these questions are not too repetitive:
1. Regarding LCA application:
i) How long does it usually take from the time the US Employer applies for the LCA until approval?
ii) What are the steps involved for the Employer in this application?
iii) And do I need to wait for this approval before I leave the country to attend the E3 visa interview?
2. In general, it seems easier (less time consuming, less paperwork, less cost and less confusion) to apply for a new E3 visa each time you change US jobs than to transfer a E3 Visa. Would you agree? Especially since if you have already successfully received your first E3 Visa, you then have an idea of what’s involved and the timeframe.
Thanks,
JC
JC it usually takes 7-10 business days to process the ETA-9035e form once filed by you/your employer/lawyer. The steps just involve filling in that form with appropriate information including your salary level and how that complies with average salary level with that role in that region. No you don’t need to wait for this approval, however it is usually best to have the original approval doc sent with your application at the Consulate but copies can be fine.
Yes it is cheaper and easier with current processes to do a new E-3 visa with each new employer.
Cj
Rupert, company information like tax and revenue history has to go on the ETA-9035e and if there is no history that is taken into account. It doesn’t mean you will be denied but is at the discretion of the Department of Labor.
Cj
Samantha bear in mind both your degree/certifications and your experience has to match the job to which you apply along with the fact it has to be a role that would normally require a bachelors degree minimum to apply. Wording the position differently could make a difference but your pay level has to also be valid too.
Cj
Helen if your son is within the country he can’t legally work for his new employer until after both the LCA has been received for the new employer and then you have an approved I-129 application with the USCIS containing that LCA (usually takes abt 3 months). The E-3 visa does not have the portability provision that the H-1B visa has and so not as easy to transfer between employers. Now many E-3 visa holders have just gone and worked for new employer following the receipt of the LCA and prior to the subsequent approval with no issues but technically is not legal.
Cj
Hi CJ!
I love this site so much!
I have pretty much the same question as Minchki.
My OPT runs out months before my F1 status ends, so I want to get an E3 asap. But I want to avoid filing I-129 since it appears to require the fraud detection fee of $500 etc. which I would rather help my employer avoid paying. It was my impression, from reading online, that you only need to file I-129 if you are applying for a change of status WITHIN the US. I’m wondering if I were to go to Australia and apply for a new E3 there, I wouldn’t need to bother with the I-129? I called USCIS and they said I do need to file I-129, however they didn’t seem to know much more than me and I’m not sure they understood the question. Just wanted to hear your two cents on the matter before I go ahead with filing this expensive form. Thanks very much for your time.
Hi Boo,
The I-129 filing for the E-3 visa does not require the $500 fraud detection fee as that is applicable for H-1B visa filings just the standard application fee which I think is around $325. If you go to Australia and get and entirely new visa, no I-129 filing is required to the USCIS.
Cj
Hello CJ,
Really appreciate the time and effort you put into responding to people and passing on sensible advice. I have just started on this journey. I desperately want to move to NYC.
I have a B. Social Science (3yrs) + a postgrad diploma Education (1 yr) which qualified me to be a school teacher in Australia (ie considered a 4-year degree). I didn’t go into teaching, but instead have 3+ years of admin work, mainly project coordination/management roles in universities but also in the mining industry.
My question is: do you think my qualifications and experience would be considered eligible for the e3 visa? I am looking to apply for project management/coordination roles.
Also, I am wondering how to get in touch with recruiters who can help me in this process. Would it be best to approach ones directly in the US? I am in Australia right now but as soon as I get a bite with the jobs I’ll jump on a plane.
Thanks so much in advance.
Hi Fi,
Your qualifications would meet a US Bachelors Degree. However your qualifications have to match the job you are applying for in the US in a general area. This can be arbitrary but is at the discretion of the US Consular officer assessing your case. Also the job you are applying for in the US must have a Bachelor’s Degree as a minimum criteria. As for best thing you can do, the two main things I can suggest is read all through this blog and other forums (links on resources page) to learn everything you can about US job environment, interviewing, resumes, job sites, etc. Then secondly actually come here and do it b/c rarely will an employer bother to contact you unless you have a US no. and address on your application. You can get a US no. via Google Voice or Skype but you would also want to put a US address preferably in the city/state where you are applying.
Cj
Hi CJ – thanks a lot for the response.
Since posting my original question, I’ve started an extensive research on the US job market and taken on a US career coach so I can tackle this job thing with the best foot forward.
It’s really tough out there, particularly since salaries are so much lower than in Australia for equivalent positions. I will post back with my results so I can recommend the coach if he turns out to be helpful.
I am a little concerned about the degree/job matching. Fortunately, because the job market is so tight right now, bachelors degrees seem to be the minimum qualification requirement for even basic professional jobs (such as admin). I’m hoping that because of this, proving a job requires a degree won’t be difficult (fingers crossed anyway).
I have family in NYC and I have a Google Voice phone number (thanks to a really affordable VPN connection. I highly recommend this to anyone who needs a US#) so I’m set with the address/phone combination.
My plan is now to work and save so I can go over there for 2 months to just ‘pound the pavement’, looking for jobs.
Thanks again for your advice!
Hi Fi,
I am not sure what field you are in but for almost all professional roles, US salaries are far higher than Australian salaries for equivalent positions. It is only when you look at roles where Post High School education is not required do US Salaries tend to fall below Australian ones due to the lower minimum wage but these roles would be outside the scope of the E-3 visa. Certainly the US unemployment rate today is far higher than Australia but it is also skewed by certain sectors and areas of the country.
Good Luck,
Cj
Hi CJ,
Thanks for the info. Are you able to give me some examples for where the salaries are higher? I have certainly seen high salaries in IT programming, finance, engineering and accounting roles.
I have a background in coordination/research/project roles in Higher Education and also the mining industry. Those seem to be really poorly paid ($40-$50K) even though they require a bachelors.
I am not sure whether I’m just looking in the wrong places but it seems as though the salaries are 20-30% higher here. Perhaps there are roles there that don’t exist here that would pay much better.
Would love to hear your thoughts. Thanks again.
Fi
hi CJ,
Thanks so much for the great information. Ive been in the states on a j1 visa. My employer is willing to put me on an e3 visa. I am a photographer working in the photo industry for a high profile visual artist. I recently saw a lawyer and she told me that they have a hard time giving visas to photographers because its hard to prove you need a degree??? I have a 4 year degree in photography and my employer says you absolutely need a degree for my position. Any advice for proof of degree ect for my industry and position?
Love to hear your thoughts.
Thanks again,
Jake
Hi Jake,
Well initially the Job needs to get approve by the Department of Labor given your rate of pay, location and job category. Then separately the US Consular official or USCIS internally in the US if you are transferring has to approved the job, employer and you. So there are a lot of risks and points of denial. The best thing you can do is both by the examples of your work, having your Aus degree accredited here by a company who equates foreign degree to US ones, showing numerous job ads by the person advertising for high end professionals with degrees and experience, having your job title being senior and your rate of pay being at such a level that it could not possibly be seen as you just doing a regular job that an local US citizen could do. This post might also help you (https://visacoach.org/2009/05/22/e3-visa-the-bachelors-degree-specialty-occupation-conditions/)
Good Luck,
Cj
Hi Fi,
Given higher education here is far more expensive the compensation that people get working in those industries here are far far higher particularly given so many of them are private rather than almost all public in Australia. However if you are looking at roles in the 40-5k range in that sector they are probably roles that may not even pass the specialty occupation test and be viewed as administrative in nature. Look at Indeed.com, Simplyhired.com, TheLadders.com and LinkedIn as great sources for jobs and Glassdoor and Salary.com for great sources on compensation and employers.
Good Luck,
Cj
Hi CJ
Does the 2 year period for the E3 visa start once the LCA is approved or from the time at which the E3 visa is approved by the consulate? So from the date of the stamp placed in the passport? I have read conflicting stories on some other websites and can’t seem to find any thing that confirms which way it is on here.
Thanks for your time and I love your site!
Cheers
JS
Hi JS,
The 2 years would be from the date the E-3 visa is issued and that will be the date on the visa stamp. That would correspond with a date that is after the approved LCA date.
Cj