Do I Need A Lawyer For My E3 Visa Process?

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To continue my series as to whether you need a lawyer for your US visa process I will now focus on the E3 Visa.

The Process

I will let you be the judge firstly from how I will briefly describe the process, and then I will give you my own opinion.

In short once a company has agreed to sponsor you with a job offer, you have to file freely either electronically or by mail a form to the Department of Labor. This form is pretty simple to fill out and really just outlines the company, your role, your salary, etc. It is designed so that the Department of Labor determines that the company is legitimate, the job offer is legitimate and is within the visa parameters and also that you will be paid at minimum in accordance with the regulations. (this salry part needs to be the prevailing wage which is basically just at the least the same amount a US worker would get for doing the same job in the same city)

Once you have received this approved form, you can essentially take that, along with the ocmpany offer letter and your regular application forms to the US embassy or consulate for your interview. If there is a spouse or dependents involved they can fill out the relevant application forms as well to take to the consulate at this time.

Now in this process I described above do you think, an attorney was necessary?

You can probably gather from the tone of my language that I think an attorney is a waste of time and money.

The US Government even admit as much when they stated when this visa was conceived in 2005, that is was designed to be simple for both the employer and the applicant and without all the extra fees involved.

Look many companies will hire an attorney anyway as that is their policy. However if it is you who is dictating the process and whom has to make the decision then I would say unless you are completely incapable of anything like filling out a form and understanding basic language (which would make me wonder how you got your job offer in the first place) then say NO to lawyers.

Lawyers are expensive, even moreso in the US, and for something they could do in less than half a day’s work (similar work for you) will set you back at minimum $2,000 USD but probably more. I don’t know about you but I would rather keep that myself!

I will admit I did use a lawyer 2 years before I first got my E3 visa so I could understand the process and legal requirements around the US visa system better. However if there were resources on the Internet then I certainly wouldn’t have. Hey in your case you have this blog here for FREE to understand all that 🙂

In my case a lawyer was used by my company but that was completely their decision as I told them it wasn’t necessary and I know the lawyers (although very professional and friendly) found me slightly odd as they wanted to fill out my applications for me that I would take to the consulate. I said I would do that myself since it is easy to know my own name, address, past history, etc.

It was obvious that there was little legal stuff for them to do so they wanted to handle anything they could 🙂

Also to note the spousal and dependent applications, know as the E3D visa is very simple as it just depends on you having a valid E3 application

So again NO to lawyers for E3 if you are the one who are going to have to pay the lawyer’s bill!

The Counter Opinion

Many people will tell you that you do need an attorney for this process because of issues they have had mainly centered around 2 issues;

1. The nature of their job and their salary
2. The so called “no dual intent” part of the visa

With the first issue, yes there are many jobs that are not allowed but essentially I think many more are given the job you apply for must have a minimum criteria of requiring a bachelors degree. To note, this does not necessarily mean you need a bachelors degree as if you qualify as having enough practical work experience (and possibly other certifications) in this certain field that you can prove then you will be fine.

So this is a just a matter about having common sense and not putting down things like receptionist, janitorial, burger flipper in your application as job title and description. However the categories are so broad with business, finance, legal, marketing, medical, engineering, IT, Architecture, etc. that you could easily fit your job description under any one of those categories I am sure.

The salary part is just ensuring you are paid a decent wage (equivalent to what a US worker would get in the same situation in the same city). I am not sure why you would work for much less that what you deserve anyway but this again is just common sense for both you and the company to ensure they are not exploiting cheap foreign labor.

The second issue relates to the “no dual intent” aspect of the E3 visa which basically means that you should have ties to home and intend to return whenever your entire visa period is over. Now again you have to remember it is in law that this visa can be renewed/extended indefinitely and there is no limit to the amount of times you can apply for it. So already even though your status in the US will never be permanent, there is already a contradiction here unlike the H1B visa which states can only be renewed once for another 3 year period.

The second part to this is that additionally it states, the application or pending petition to any immigrant (thus permanent status) does not automatically disqualify you from having your visa extended, renewed or getting another one.

So say for example you are on a E3 visa and your company does sponsor you for a Green Card/Permanent Residency but that application is still pending and you need to re-apply or renew your current E3 Visa, you wont be automatically denied based on permanent residency application. Again this also seems to contradict the “no dual intent” condition.

I am aware of people who have done through the example above and are now on their Green Card.

So to sum up this second issue, if you have family in the US and no family in Australia and are applying for an E3 visa, don’t sell up your entire life in Australia (house, car, etc.), trasnfer all your money to the US and then tell your interview officer at the consulate about all this as what are they meant to think.

Of course never lie to your Interview officer as they will be aware of any family you have in the US from their checks but showing you have bank accounts with money here as well as explaining you have people ties and roots in the community should not be that hard.

There is nothing a lawyer can do for you about all this except explain this same thing to you and emphasize common sense to you in the interview as he/she can’t be there with you. Only difference being that a lawyer will charge you thousands of dollars for the pleasure!

I hope this helps answer your questions about the E3 Visa and Lawyers….

CJ

55 thoughts on “Do I Need A Lawyer For My E3 Visa Process?”

  1. Hi CJ

    What a great website – well done! Unfortunately I still have a couple of unanswered questions and I apologize if they have already been answered elsewhere on the site.

    Firstly, are there any restrictions on the E-3 visa in relation to contract work? e.g. contract finance roles with a bank, where I would be paid a ‘per-hour’ rate. I have searched the web extensively and cannot find any reference to this point… so I presume it is not an issue. The details required on Form ETA 9035 also seems to reflect this viewpoint.

    My second question relates to the application process itself, i.e. once I have a job offer. I understand that the employer is to lodge (electronically) the ETA 9035 with the Dept of Labor. What exactly do I need to do prior to making an appointment with the US Consulate? i.e. will the Department of Labor process the ETA 9035 and then post it back to the employer, and then I take a copy of this with me to the Consulate?

    Many thanks
    Brendan

  2. Hi Brendon,
    Your contract work question is a bit of grey area as it depends what you means by contract work. If you will have a number of different people/companies paying your salary and you essentially actuing like an independent contractor or small business then that is NOT allowed. If you are just being paid an hourly wage and it is about the prevailing wage for the role and the region as specified by the DOL then you should be fine.
    As for your second question, you don’t need to do anything other than may your appointment with the system (online in Australia and Canada) of the US Consulate, Yes you just have to take a copy of the approved 9035 form called now the LCA along with the application forms and other required docs like photos, etc. and you are set.
    Good Luck,
    CJ

  3. Hi CJ,

    I have paid the MRV in the australia post. when i fill up the ds 160 form online there was another application fee for $131,00 to be paid via scotia bank.

    Going to have the interview in Vancouver but am not sure about this $131.00 since I already paid $131.00 in australia which is non-migrant visa application fee. can you please tell me if this is the same fee?

    thanks

  4. Hi Rob,
    I apologize for the delay as I only just returned to the US now from overseas and am working my way through all the messages.
    Sorry as I understand what you did you paid the application fee in Australia but are doing your interview in Canada. This could be a problem as you are meant to pay in the country you do the interview in. Yes the two fees are the same and you probably better check with the consulate in Vancouver as they may not accept the fact you paid in Australia. Hopefully you don’t have to pay twice.
    Good Luck,
    CJ

  5. Hi CJ,

    Thanks, I got my E3 Visa yesterday Woot Woot!! going to pick up the passport thursday afternoon… your right about the non-migrant fee you pay the application fee in which country you do the interview which in my case in Canada Vancouver $131.00 payable to Scotia Bank.

    I paid the MRV in Australia post a couple of months ago, but I end travelling around North America and decided not to go back to Aust. for the interview and I don’t think i can get the refund from the post office …LOL

    Anyway, E3 Visa is very straight forward to get if you have all the proper documents i.e.
    LCA, Letter of Offer from the company and University evaluation.

    Here is the link for those still un-clear of what need to be done for E3 Visa… http://canberra.usembassy.gov/consular/visas/niv/e3.html

    Thanks again CJ for the reply….

    Rob

  6. Hi Rob,
    Congratulations and enjoy your life in the US 🙂
    Sorry about not being able to get a refund..but in the grand scheme of things you will be fine of course!
    CJ

  7. I’d just like to share my experience in applying for an E3 visa and wanted to know if anybody out there had the same problems; At my consulate interview I was asked for documents explaining the nature of my work and why it requires a bachelors degree- the position being a curator for an media arts organisation. I only had my job offer letter, so the officer kept my passport and suspended my visa under section 221g. A couple of days later I faxed through the missing documents (job contract, a letter from employer explaining the nature of my work and a job description) and my case is currently undergoing administrative processing. Three weeks later, I am still waiting for approval. I suggest to anyone attending an interview that they supply as much information about the position as possible, especially if it’s an arts job. Has anyone out there experienced the same thing, if so, how long did the ‘administrative processing’ take?
    SM

  8. Hi CJ, love this website! It’s a great resource. Can you recommend the best process that one can take to move from an E3 to a Green Card with the lowest risk of rejection? I have been in the States for 9 years – started with an L1 visa then moved to the E3 in 2005 which I have now renewed for the 3rd time (2011 expiration). I have now decided to stay in the States as a Permanent Resident. I have been employed with the same company for all those 9 years and am currently the CTO and an integral part of this company. The company that I work for do not want to run the risk of a visa rejection and would support my application for Permanent Residency. I do not fit into the EB1/2/4/5 category for immigration. Any suggestions? How about concurrently also applying through the Diversity Lottery? Or does that jeapordize the standard application process?
    Thanks for your help with this
    AS

  9. Hi AS,
    Thanks for your enthusiastic support!
    You can definitely apply for Permanent Residency if on the E3 Visa and many people have done this successfully. Read this document if you have not already (http://www.uscis.gov/files/pressrelease/E3PolGdnc_121505.pdf) with the part near top of page 4 being most relevant where it states “An application for initial admission, change of status or extension of stay in E-3 classification, however, may not be denied solely on the basis of an approved request for permanent labor certification or a filed or approved immigrant visa preference petition.” So basically while the E3 visa is not a dual intent visa like the H1B visa, unlike say the F1 visa or J1 visa, it does not prohibit you from applying for Permanent Residency status from it and nor can a future E3 visa application be denied because of this ongoing petition.
    I would think given your Experience and the fact you are the CTO, that the EB3 category would seem suitable for you (https://visacoach.org/2009/04/14/how-to-apply-for-a-green-card-under-eb-3-eb-2-category-most-common-for-h-1b-and-e-3-visa-holders/).
    The Green Card Lottery is completely separate and does not effect anything with your current non-immigrant visa status so you may as well apply there not it is open again given it is free and you have nothing to lose.
    Good Luck,
    CJ

  10. Hi CJ,
    Wow I am so glad I found this site it is the best! I have a question about the LCA – does the employer have to fill this in and submit it or can the applicant? I’m heading to NYC in June hoping to get onto the E3 band wagon but want to make it as easy as possible for anyone clever enough to hire me!! Thanks so much, you’re a legend! Clare

  11. Hi Clare,
    Thanks for the kind words. I mean in theory you can fill out the form on the employer’s behalf as it is not complicated apart from ensuring the job description sections and slary requirements meet the relevant standards. However it has to come from the employer and not from the employee applicant
    Good Luck,
    CJ

  12. Hello CJ,

    Really impressed with your site and quality content all around!

    I was wondering, could you please provide (and possibly update the article?) the E3 online visa application URL please?

    Your suggestions and experience shared will surely arm me for a succesful interview 🙂

    Looking forward to hear from you.

    Cheers, Nick

  14. Hello again,

    A bit confused after reading all the comments 🙂

    In the 3rd paragraph of your post (“The Process” part), you mention bringing forms to the interview. Does that include the ETA 9035 form (priorly filled by employer)? Where does this form take a role in all this please?

    Also my BIG QUESTION is, what does the letter of offer specifically have to state, besies emphasizing the specialization that the skills are. Would that matter much since allthese skills woul be scanned in the main form process (which I cannot fin a link for 🙂 –

    Many thanks for your assistance. This is very helpful.

    Best,

    Nicolas Baron

  15. Howdi!
    Your website has been extremely helpful.
    I have a quick question- I was planning on going to Montreal to renew my visa but some told me you can’t renew an E3 in Canada or Mexico (they said you have to actually leave the country). Is this true?
    Also, does anyone know if Montreal offers passport pickups the day after your visa interview (assuming it is approved)?

    Thanks!

    Jacquie from New York

  16. Hi Nick,
    Thanks for the kind words but not sure what you are referring too. There is no online E3 visa application as such. There is the Department of Labor filing to get an approved LCA online and then the DS-160 form you file prior to your interview with the US Consulate. For detailed information on the US Consulate interview read this post; https://visacoach.org/2009/11/02/e3-visa-us-consulate-interview/
    Here is the main non-immigrant visa link for the US embassy in Australia; http://canberra.usembassy.gov/nonimmigrant-visas.html as well.
    The offer letter doesn’t have to say anything specific but the more details about the role the better as it never hurts to have more.
    Good Luck,
    CJ

  17. Hi Jacquie,
    Glad your are enjoying NYC and thanks for the kind words.
    Yes you can renew in Canada or Mexico as many have and the best way to find out if a particular US consulate allows pick ups is to pay those high phone rates and call them directly as this would be the best advice. In any case usually processing is 2 days and i day to mail express so not long anyway.
    Good Luck,
    CJ

  18. Hi CJ, love this website! It’s a great resource. Can you recommend the best process that one can take to move from an E3 to a Green Card with the lowest risk of rejection? I have been in the States for 9 years – started with an L1 visa then moved to the E3 in 2005 which I have now renewed for the 3rd time (2011 expiration). I have now decided to stay in the States as a Permanent Resident. I have been employed with the same company for all those 9 years and am currently the CTO and an integral part of this company. The company that I work for do not want to run the risk of a visa rejection and would support my application for Permanent Residency. I do not fit into the EB1/2/4/5 category for immigration. Any suggestions? How about concurrently also applying through the Diversity Lottery? Or does that jeapordize the standard application process?
    Thanks for your help with this
    AS

  19. Hi there,

    Thank you for all of this information. I was about to spend a lot on lawyers to get my E3 sorted.
    I have a question in regards providing reference letters as I have an Advanced diploma with 3 years of work experience in my field. I am wondering what the reference letter needs to say? Obviously my position, length of time I have had my position but does it need to say salary on there? I own my own business so it wouldn’t be for them to say, right?

  20. Hi,

    I’m in the US now looking for work in NYC and my husband (who is also Australian) is a permanent resident here. So i am in the process of obtaining a spouse visa through a US based attorney. Is this a barrier to getting the E3?

    Also my lawyer said the current wait time for an LCA to be approved was 2 months? is this correct?

    Thank you so much I’m having so much trouble wading through all the various info out there!

    -Meg

  21. Dear CJ

    It was great to see ur website and the infroamtion you have provided is excellent. Although I would like to know a couple a things regarding the E3 visa. I am Australian Citizen and an enginner by profession. Unforutnelt I do not hold any house or car in Australia but am a Canadian resident and my wife is in Canada.Is that enough fo the visa and i have got a house and other investment in Canada?
    It would be nice if you could guide me in this direction.
    thanks
    Bhargav

  22. Hi Jacqueline,
    No it doesn’t need to mention your salary in reference letters. You can’t own your business on the E3 visa for work in the US but if you are talking about that being your past experience then yes that is applicable. Your biggest issues will be the lack of a bachelors degree and whether the Advanced Diploma plus your 3 yrs of experience will suffice the US consular officers and the Bachelors Degree condition.
    Cj

  23. Hi CJ, love this website! It’s a great resource! Currently, I am working in US with E3 visa. My company applied for H1B last year with intention of applying for green card. But, I haven’t activated my H1B yet. Now, I am not interested in switching it to H1B visa to get green card. My E3 visa is expiring in Sept 2011. Therefore, can I apply for renewing my E3 visa without activating my H1B visa? Or Should I have to activate my H1B visa in Sept 2011, when E3 expires? Many thanks for your assistance.

    This is very helpful
    Keith

  24. Hi, CJ

    As everybody else has said, thanks for taking the time helping all of us with this visa. Really appreciated.

    I am traveling to NYC in a month’s time and I will try to find a job there. My main question is I cannot find any info re what kind of proof of experience you need if you do not have a bachelors degree. I do not have one, but I have worked in my field as a TV Producer for big companies for almost 15 years. So I do comply with the experience required, but nobody will tell me what proof they need – wage slips, references? This is very important but there is almost no info about it and the US Embassy in Spain (where I live) can offer no assistance either.

    Thanks again!

    Liz

  25. Hi
    I am in USA on E3D visa with EAD card. My current employer ready Spencer E3. I would like to know is there premium processing available for change of status from E3D to E3?

  26. Hi CJ, I would like to thank you very much for all of the information that you have provided on the website. Amazing and extremely helpful.
    I am in the process of moving over to the states. A quick question, in your opinion, do you think that there is more of a chance to secure employment when in the US and then applying for the E3 visa, or do you think it is easier/better to secure employment while still in
    Australia?
    Also, I have been requested to explain the E3 visa in my cover letter to employers, what are the maim points that I should include?

    Thank you once again.

    Tina

  27. Hi CJ,

    This is by far the most informative website I have come across about the E3 visa, extremely helpful, so thank you!

    I have two questions for you…

    First question: I am a TV producer planning on moving to LA this year, but I don’t hold a degree. However, I have been working in the industry solidly for the past 12 years, and at a senior/executive level for the past 4 years.

    Do you know what kind of documentation, other than my resume, that I would need to provide as proof of my experience/credentials? Do they require letters of reference etc? Also, I have recently been nominated for a well respected tv industry award – does this kind of thing help?

    Second question: I am planning on going to LA in the hope of securing a job offer. If that happens, I then plan to return to Sydney to apply for the visa. I will need to explain this situation to prospective employers and naturally they will want to know how long the whole process will take until the visa is issued and I can return to LA to begin work. I imagine no-one will offer me a job unless they have the answer to this. Can you help?

    Many thanks for your time,
    Lil

  28. Great resource here. Thanks so much for this great site.
    Do you know if you are applying for your first E-3 Visa, whether you can apply at the Canadian consulate? Also do you need to fill out an I-129?

    Thanks!

    Dominica

  29. Dominica an I-129 form is only required when transferring a visa within the US or extending a current visa. In terms of applying for your first E-3 visa many people have different stories on here abt what they did so the best advice I can give you today is to call the charged hotline of the consulate you plan to attend if it is not Australian and see what they say for now.
    Cj

  30. Can anyone recommend an Immigration attorney based in Sydney that has experience with US Immigration?

    I am planning to move to the USA next month to pursue a job and E3 Visa, then last week i discovered I had won the DV Lottery also! I need some advice as to what my best plan of attack should be as from what I understand it could take a long time to get a Green Cad.

    Thanks All!
    Chantal

  31. Hi CJ,

    Thanks for taking the time to publish such a helpful site. Great work!
    I am currently on a J1 visa and have been offered a position as a full time graphic designer / art director for a Charity organisation. They work as a NGO in Africa providing prosthetic limbs for the poor. I have a Bachelor’s Degree in Applied Design and have heard that they have changed the requirements to equal to 4years study ie; Masters is this true? Also as graphic design is becoming so common in the workforce that it doesn’t seem like a specialty profession. Do you think I will have issues at the Consulate. I am on going to Nicaragua to have the interview with the US Consulate. Is this a safe bet? Sorry for all the questions.

    Thanks a million

  32. Hi Angus,
    In regards to your background and the job, I think you are fine in that regard. It is still a Bachelors degree minimum requirement and as a general rule an Australian bachelors degree is considered and equivalent to the US one. Sometimes getting a degree equivalency done can only help you in interview process particularly if you decide to do it first time in a non Australian based US consulate. I would call the Nicaraguan US consulate just to confirm they are actively processing E3 Visa applications.
    Good Luck,
    Cj

  33. Hi everyone,

    Just wanted to let people know, that you can do this without a lawyer, as long as you do all the necessary research online and follow the e3 visa procedure, you can do this very easily. I had originally commissioned a lawyer for this process, but when I realized how simple it was I decided to continue on my own.
    I am now in possession of an E3 visa and could not be happier.
    By the way, I also read everything on this website in relation to the E3 visa and I can say that this is the best site out there with regards to information. If you follow the process as advised on here, and are honest in your DS160 form, you will be fine!
    Good luck everyone! And thank you CJ for an amazing and informative site!

  34. Hi C.J. I have been following your site for a few years from Sydney to the US and have been working on an E3 thanks to you. Your like the E3 Angel!
    I am looking at changing jobs, as the company has been sold and is very unstable. I see that it can take some time to do the internal transfer with the USIC,
    Q: So can I file for another ETA 9035 with the DOL and go up to Canada and get another visa, and can I get the new employer to start that process before leaving the current employer? Thank you so much you are awesome. M

  35. Hi MT,
    Thanks for the kind words but I think E3 Angel goes a little far 🙂 You (i.e. your company) have to file for another ETA-9035 regardless if the transfer is done within or a new visa is issued outside the US. You can get a new employer to start that process immediately.
    Good Luck,
    Cj

  36. Great website, very comprehensive:)
    I am wondering about the quota on the E3 visa. I know the H1B visa has one which is usually filled within weeks or months. Is timing an issue with applying for the E3 visa? Are there any restrictions on the month that you can apply, and then start using it?
    Thanks

  37. Hi Nicole,
    The E-3 visa quota of 10,500 has never been reached in any year and not even got to 50% since introduced since 2005. Also unlike the H-1B visa it can be applied for any time of the year and commenced upon approval and issuance of the visa and successful entry into the US.
    Cj

  38. Hi CJ,
    This website is hugely informative! I have been offered a full-time position and will be starting the E3 application process soon. However, my employer typically gives its employees one-year contracts, which are always revised (and hopefully renewed) at the end of each year. As the E3 is a 2-year visa, will a one-year contract stop me from qualifying? What problems do you think this could cause?

    Cheers

  39. Hi TCS,
    If your contract, ETA-9035e and letter of employment only states one year then your E-3 visa may only be for one year at the discretion of the US consular official who issues your E-3 visa.
    Cj

  40. Hi CJ

    This website is an excellent resource for E3. I would like to know I am working in overseas (Middle East) since 6 years and did not visited Australia as well. Now I would like to go to US on E3, can you please advise me how to apply E3 from overseas, do I need to go to Australia to apply or I can apply from Canada or London. Kindly advise me at your earliest. Thanks a lot.

  41. Hi OS,
    I am assuming you are an Australian citizen to be eligible for the E-3 visa. Also you can’t just get an E-3 visa, it has to sponsored by an employer company and that company is mentioned on the visa stamp itself. They certainly encourage initial E-3 visa application being done at US Consulates in Australia and seem to actively discourage it being done in Canada. However in theory and in practice people have done US visa processing for their first E-3 visa at US Consulates around the world including London.
    Cj

  42. Hi! This site is incredibly helpful! And I am so glad that it is still active. I have recently landed a job in New York with a large firm (so has a visa processing department) and had a few questions that I was hoping you could answer.

    1) I am an Australian Citizen, born and mostly raised. But my family has sold its house and car etc and moved abroad (to Singapore) and as such I am worried about the demonstrating ‘ties back home’ part. I do have ties outside of the US as such and most likely will be returning there. Would that suffice?
    2) I was a student in a US university doing my Bachelors on an F1 and just graduated last week (early). As such I don’t have my certificate yet but need to apply for my E3 asap (next two weeks). What can I use to demonstrate this?
    3) Being my first E3, can I do it from Canada (Halifax etc due to lesser wait time). Or do I need to go to Australia (this will be time consuming and comparatively expensive) Many have prices for E3 on their consulate site but all their phone lines are automated and I can never talk to someone to confirm this. Or is their an embassy number I can call to talk to an actual person?

    Thank you SO much for this. You’re a life saver. One last question: any idea how long the total job offer signed to visa in hand to start working process would take if I act as fast as possible? I really really need to get things sorted by 3rd week of January latest. I am afraid of losing the offer.

  43. AJ congrats on landing the job;
    1. As a natural born Australian citizen in general proving your ties to Australia is a lot less onerous than if you were a foreign born citizen. Just having bank accounts in Australia would probably suffice in your case in terms of proof to bring with you but it may not even be required. As Singapore itself is also a first world country, having ties there is also likely beneficial.
    2. If you have a letter from your US University stating you have passed all requirements for graduation on their letterhead and are really just awaiting your ceremony, that should suffice if proof is asked for during your interview, especially given it is a US institution.
    3. Ultimately it is up to the US Consulate in question as to whether they will process first time E-3 visa applicants. In theory any US consulate abroad should be able to process any non-immigrant visa like the E-3. However anecdotal evidence along with US Embassy FAQs have been advising first time applicants to do it in Australia and discouraging in particular Canada. Plenty of people have got their first E-3 visas in Canada and given you already have been approved for an F-1 visa in the past you would be in the system. However others have been unsuccessful in recent times and have commented here. Often there is pay per minute hotline you can call for each consulate where you could speak to an actual person and an email (although probably has a long response time)
    4. The longest two parts of the process is getting your approved LCA from the Department of Labor and then actually scheduling an appointment with the US Consulate given the demand. The former can take 7-10 days on average and the latter you can check here; http://travel.state.gov/visa/temp/wait/wait_4638.html.
    Cj

  44. Hi Cj,

    Really ur doing a gr8 job by posting this stuff.
    I got a small issue and I am not getting any info.
    I am not having money to spend on lawyers. Pls help
    I applied for E3 visa and was given 221(g) blue form
    I applied for the visa in Chennai, India.
    I was asked to submit few documents and which I couldn’t do.
    Now 1 yr span is lapsed so I would like to reapply E3 visa.
    Will there be any issues now. will embassy people ditch back my old file and reject me again?
    One more thing is in DS160 should I say my visa got rejected as Yes or No.

    Please help me. awaiting your positive reply,

    Raj

  45. Hi Cj,

    I have no properties or any ties in Australia as I came to Australia as a student.
    Got my citizenship and as job market is bad I want to go to USA.
    I will return back to Australia in a span of 4-6 yrs.
    Yet my parents got little property in India.
    Will this help me to produce in embassy.

    Pls help

  46. Raj you will always issues if you have prior applications which were denied or never completed as it is part of your record. How much or little of an issue it becomes is purely up to the individual Consular official at the Consulate assessing your case. You would want to bring new information and lots of what you couldn’t bring before as otherwise they will likely make the same determination. If they said to you last time we are denying your application because you don’t have additional documents then that is a past denial for the DS-160. Ultimately naturalized Australian citizens generally have more scrutiny for the E-3 visa than native born citizens. You probably don’t want to use a comment like the job market is better in US as a whole b/c the unemployment rate in Australia is and has been far lower in recent years.
    Cj

  47. Hi Cj,

    After reading all the comments above I have one question.
    The article was dated in 2009 and you made suggestions that a lawyer isn’t needed.
    Over 5-years later now, can you accurately say this is still true? Do you think the process and form lodgement is still the same that I could do this myself?

    I ask because a lawyer quoted me $5,000 for E3 Visa submission.
    The process you mentioned sounds so easy, I don’t what she could possible want all that money for?

    Additionally, in the case I was offered a job for a start-up company. The lawyer suggested a full business plan of the that business would be required. Is this true? Again, your process didn’t mention the requirement of that sort from the hiring company – so I wonder what’s the go?

    Many thanks in advance. I agree with everyone else so far above, that this was the most helpful site to date. Keep up the good work. Hopefully you’re getting some real good KARMA points 🙂

    Saba

  48. Hi CJ,

    With the “no dual intent” requirement, I have no family in the States (all family and friends are here in Australia) but my wife, who will be coming with me, is a US/Australian dual citizen with cousins in the States. Will her status be likely to help or hurt?

    Adam.

  49. Hi CJ,

    Just letting you know I’ve found your website incredibly useful over the last 6 months as I checked in about getting a job on the E3 – so thank you!

    I’ve been offered a job as a Customer Service Representative (Title is VP of Customer Happiness) at a tech start up, and I haven’t been able to discern if it qualifies for the E-3. When most think of customer service, they don’t imagine it would require a degree, but this employer will only hire people with degrees. Could this inconsistency potentially disqualify me from getting my visa processed?

    Cheers,
    Tara

  50. In reading through the posts and the comments, it’s rather ironic you are advocating against using attorneys to help in something as important as this process where one screw up could cost you down the line. The fact there is so many follow up questions is proof positive you probably shouldn’t be doing stuff like this yourself. You wouldn’t do your own heart or eye surgery would you just cause you can read about how it’s done on the internet somewhere.

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