If you go to many other US Visa sites or forums and people talk about the E3 visa, this question is the only question that really seems to get answered. Many people I see get frustrated because they ask questions related to the many other visa posts I have in this blog but all people give them are the visa facts.
Well for the first time, I am going to go through the basic facts of the E3 Visa using the embassy FAQ site as a basis for my post.
- The E3 Visa is a visa exclusively for Australian citizens allowing them to work in the US
- Spouses and Dependent Children (usually under 21) do NOT need to be Australian citizens but the relationship must be a proven marriage between a male and female (the US does not recognize same-sex or common law relationships) They fall under the E3D Visa
- You need to have a job offer from a US company prior to applying at the Consulate
- You can NOT apply for a new E3 Visa from within the US
- You can transfer from certain visas to the E3 Visa within the US but NOT from Tourist Status
- There is nothing specifically stopping you going to the US to search for a job as a tourist, however you must leave the country to then apply for your visa
- You can apply for your E3 visa from most Consulates and Embassies around the world but is always good to check with that particular Embassy first.
- Within Australia you can apply from the Consulates in Melbourne, Perth or Sydney
- E3 Visa is for applicants seeking employment in a specialty occupation.
- A specialty occupation is one defined as required a specialized body of knowledge and the position itself requires a bachelor (or higher degree) degree equivalent at a minimum
- If you have sufficient work experience in lieu of a bachelors degree and can prove it to the US consulate in the field of the job offer you possess then, that will be considered as well
- Generally as Trade positions do not require bachelors degrees they are not considered suitable for this visa
- The only petition required of the employer is to submit Form 9035/9035E to the Department of Labor to receive a Labor Condition Application (LCA) – at the time of writing this is still a free submission
- The visa is valid for 2 years, and able to be renewed indefinitely for periods of 2 years as long as the job position is still valid and not considered permanent
- There are 10,500 E3 Visas issued each year (this quota does not include extensions or spouses) and this quota has yet to be reached in any fiscal year (October – September)
- E3 Visa holders must show they intend to return home when their visa expires
- Spouses may work under the E3D visa and have to file Form I765 AFTER they enter the US to the USCIS (this can take up to 3 months to be approved)
- You can enter the US 10 Days before and leave 10 Days after you start your job
- The E3 visa is a multiple entry visa so as long as your passport and visa are current you can travel
- You can change employers but your new employer must lodge a new LCA within 10 days
- It usually takes 2-3 days within Australia for your visa to be issued back to you after your approval at the Consulate
What requirements and documents are needed for the application and Consulate Interview?– A job offer letter from the prospective United States-based employer
- Electronic Visa Application Form (EVAF) DS-160, completed online (http://evisaforms.state.gov/) and printed out
- Form ETA 9035, clearly annotated as “E-3 – Australia – to be processed,” or an ETA 9035E dated after January 4th, 2006, specified for E-3 Australia. This is the LCA Form
- Your Degree or Proof of Equivalent work experience (often they don’t even look at this)
- To Note: If your degree and higher-level qualifications are from an Australian institution, you do not usually need to provide certified copies or evidence of their U.S. equivalent, but please bring to your visa interview the original certificates, and if possible, transcripts for the course of study. If your qualification(s) are not from an Australian institution, a certified copy of the foreign degree and evidence that it is equivalent to the required U.S. degree could be used to satisfy the “qualifying credentials” requirement, but you may prefer to wait until your visa interview to confirm whether this is necessary. You should take your original certificates and transcripts to your visa interview, and if it is also necessary to produce certified copies of certificates and evidence of U.S. equivalence, you can send these to the Consulate after the interview, although your visa will not be approved until this is received. Likewise, a certified copy of a U.S. baccalaureate or higher degree, as required by the specialty occupation, would meet the minimum evidentiary standard.
- U.S. Regulations, 8 CFR 214.2(h)(4)(iii)(D), describes the kind and amount of experience which can be used to establish the equivalency of a university degree. As a guide, three years of professional experience may generally be used as a substitute for each year of university-level education. During their visa interviews, applicants for U.S. work visas should be prepared to provide documentation outlining their work history, education, and training. A consular officer will determine whether the educational and employment information provided meets the eligibility requirements for a U.S. visa.
- Evidence establishing that the applicant’s stay in the United States will be temporary. (this could be bank accounts, mortgages, car/business ownership, family ties)
- A certified copy of any required license or other official permission to practice the occupation in the state of intended employment
- Evidence of payment of the Machine Readable Visa (MRV) Fee, also known as the application fee. This is payable at Australia Post in Australia or if other embassy/consulate, their local procedure , and applicants should bring the receipt to the interview as evidence of payment.
What Does An E-3 Visa Look Like?
In terms of eventually getting a Green Card there is nothing specifically precluding you from applying for one via your employer however technically the E-3 visa is not a dual intent visa like the H-1B visa. The actual regulations state;
“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 this basically means they can’t deny an E-3 visa application just because you have an open Green Card application
I hope this all helps.
CJ
Hi there
I am a Personal Assistant and have approximately 10 years experience. I am currently undertaking an Australian Bachelors degree which I will be doing via correspondence while in the US.
Is a Personal Assistant considered a specialty occupation? And is part time work sufficient to be sponsored?
Thanks
Carmen
Hi Carmen,
A Personal Assistant would most likely not be considered a specialty occupation as the qualifying criteria is that that the position in the US must require a bachelors degree as a minimum hiring requirement. You don’t have to necessarily have a bachelors degree yourself if you can prove enough work experience in that exact field. The best thing you can do is if you have found a US company willing to hire you is that ask them to modify the position title so it fits in with the visa criteria. You can be sponsored for part time work on the E-3 Visa.
CJ
Hi CJ
Thanks for your reply. Would a part time marketing assistant qualify? Or is this still not considered specialty? The role would most likely entail assisting the marketing department with administrative duties and coordinating projects. If it does qualify, how do I prove I have marketing assistant experience? Do I simply hand the embassy my resume with my background on it? The thing is I have only had a couple of years experience assisting in marketing – would that be enough? I don’t really have any other experience except for assistant work, except that I have completed a 2 year fashion diploma and worked in the fashion industry for about 3 years as an assistant. Would this help in any way?
Many thanks
Carmen
P.S. I have also completed a 6 month marketing course. It was not part of a degree but was undertaken at an accredited institution. In addition, the bachelors degree I am currently undertaking is a business marketing degree. I have just completed my first year and have two more full time years to go.
Thanks again
Carmen
Hi Carmen,
The truth is that whenver there is no bachelors degree it up to the consular official’s individual discretion as to whether enough experience and relevant experience a person has qualifies them in spite of no degree. They also have the power for all people to question the role specifically. If they see “assistant” in a title and administrative duties listed as tasks they may become skeptical as to why a bachelor degree would be a pre-requisite for that role.
In terms of proof yes you would show them all you have certificates, job history, resume, etc.
In the end the role title and duties that are on the offer letter and your approved LCA that you need from the US Department of Labor that your company has to file is where a lot of this proof is going to reside for the Consular officials when you go for an interview.
Given all the info you have mentioned, it would be risky but you never know.
CJ
Hey CJ,
Is it possible to apply for an E-3 outside of Australia? I’m currently working in the US on a J1 and my company is now lodging all the paperwork for the E3 application. My lawyer has said that I have to go back to Australia to get the visa, but all the documentation I’m reading online says that I just need to leave the States and go to any US embassy that processes the E3.
Do you know for sure either way?
Thanks so much, huge help.
Hi Lexi,
It certainly is possible to do your E-3 visa application in Canada for example. You don’t need to go back to Australia. Your lawyer like many lawyers just thinks they know everything.
CJ
Hi Admin,
Firstly, i appriciate your work and giving valuable information to all of us. In the last few lines of the above artical it says that On E-3 a person can apply for Green card. If yes can you please provide more information on that topic also.
Regards
Kiran.
Hi Kiran,
Thanks for the kind words as it does make it all worth while.
I did a post about the Green Card process here; https://visacoach.org/2009/03/06/what-is-a-green-card-how-do-i-get-one/. The E-3 visa to Green Card process in practical terms works just like the H-1B, even though it is not really documented as much. The British Expat Forum also has a great thread on some people’s personal experiences with this exact process in the USA section.
CJ
Hi
thanks very much for all the info.. I am currently on an E3 work visa.. how do i renew the visa, and also do i need to renew the LCA or just get my employer to do a new one?? thanks very much
Alluria
Hi Alluria,
Thanks for the complements, it really is appreciated.
I have documented the renewing of E-3 visa here; https://visacoach.org/2009/03/02/extending-renewing-or-changing-employers-on-your-e3-visa/
Essentially a lot of people just go through the same process again and get new E-3 visa as the approval process for renewal can take a few months (particularly while they are processing all the recent H-1B applications). Additionally if you leave the country for a holiday, etc. after your current visa expiry date having renewed within the US, you have to get an new E-3 visa anyway.
Hope this helps.
CJ
Hi CJ,
I’m an Australian national currently in the US on the Visa Waiver Program, and am interested in applying for an E-3. I recently had my Australian Bachelor’s degree assessed for education equivalency and was told that due to the degree’s 3 year timeframe, it isn’t considered equivalent to the US’ 4 year degree (even though there is no such thing as an Australian 4 year degree in my field, unless you go on to do an Honour’s year).
I have 2 years and 10 months post-study relevant work experience to supplement this missing year, however I understand that there’s a “3 to 1” rule in place (i.e 3 years of work experience for every year you’re short of the 4 year study period).
I’m interested to know how rigid this rule is, given that I’m only 2 months shy of the specified 3 year requirement.
I’d also like to know how the education equivalency is ultimately assessed, given the information presented on the US Embassy’s website in Canberra which states –
“If your degree and higher-level qualifications are from an Australian institution, you do not usually need to provide certified copies or evidence of their U.S. equivalent, but please bring to your visa interview the original certificates, and if possible, transcripts for the course of study.”
Thank you for the assistance.
Maurice.
Hi Maurice,
Your last statement is correct. The fact you have a bachelors degree from an Australian university is fine enough. The work experience is really only for people who have no degree. You will be fine with your qualifications. Good luck in your search 🙂
CJ
Thanks CJ.
It is interesting to note the wording of the statement from the US Embassy’s website though – “If your degree AND higher-level qualifications are from an Australian institution….”
Could the reference to higher-level qualifications relate to post-graduate study, i.e a Masters/Doctorate? In other words, could the implication be that if you hold an Australian Bachelors degree plus a post-graduate qualification in the same field, there is no need to show proof of their US equivalent?
I just want to be sure about this! 😉
Thanks again.
Maurice.
Hi Maurice,
I am on an E-3 visa, have a bachelors degree (and no post grad qulaification) and never had to show it. They can check if you have a degree easily. I know of no-one who has a bachelors degree of any type who has been rejected based on the fact it was a 3 year degree. That is more just the way Australian courses are stuructured which of course is slowly changing to match the US system as Europe has already done.
CJ
Okay thanks CJ. Could you just give me a quick run down on what you had to show/present at the US Consulate when you attended the interview to have your E-3 approved?
Maurice.
Hi Maurice,
You need to take as many documents as possible but there is a good chance you wont need a lot them.
The things you definitely need; Approved LCA from Department of Labor, Company Employment Letter, DS-156 form filled, DS-157 filled for you I assume, Machine Readable Visa Fee Receipt from Australia Post, Paid Return Express Post Envelope, US sized passport photo
The things you should take as well to help: Bachelors Degree original, bank statements, prooof of ownership of home/car/business, etc.
Also recommend taking a book in there so you have something to read and do as they can take a while and no electronics of any type are allowed in there.
CJ
Great, thanks for your comprehensive knowledge and recommendations CJ.
Maurice.
Hi CJ,
Like others who have posted I would also like to pass on my thanks as this has given me a much better understanding of complex definition especially on what a “specialised occupation” entails.
I have a commerce bachelors degree and also 5 years experience in my current job and I am looking to transfer to the US with the same company (or change if I cant find a role). Although I am in sales all of the job roles state you must have a university degree to qualify for a position. From what I understand this means I would qualify (I am australian as well). Is the correct?
If so, the only other thing I am concerned about is the intent to stay part. It is actually my genuine intention to want to only stay for a few years however…..I am currently living in the UK and have been for the past 5 years. I moved here when I was 21 and sold all of my assets so I do not have a home/car/business. I also have some aunts in the US and an American girlfriend. I think when I went for the interview I may fail the test here based on these facts. Is there anything else I can bring to prove that I do not intend to stay?
Your further help would be greatly appreciated.
Hi Ross,
Thanks also for the kind words.
Yes your background and degrees more than qualify you for the E-3 visa. Don’t worry in the US, Sales is a huge thing, and most reputable jobs for Sales wil say a degree is required.
The intend to leave part means leaving the US anywhere. So if you are a UK passport holder you can use things you own there as proof. I wouldn’t mention the girlfriend necessarily but the don’t lie about the aunts on the application form if they are direct relatives as they will see that in there system anyway. (usually relatives only come up as a line of questions if like very close or if you are from a some parts of the world where they are more worried by overstay).
Essentially the fact that you have strong family ties and bank statements with accounts in the home country (Aus or UK) are also good proof that you intend to leave.
I think you will be fine…Good Luck in your search….and if all alse fails just marry the girlfriend 🙂
CJ
Thanks CJ, would like to avoid the getting married peice if possible 🙂
I dont really have assets here either, my car is leased through my work and I rent. I do have some money in the bank but nothing incredibly massive. Would it be best if I chose 1 account either US or AUS and put it all in 1 account to show I am moving to one or the other? Thanks again for your help.
Hi Ross,
Touche about the marriage thing 🙂
In the end it is one of those questions that may or may not be pressed. You just have to stick to your story in that you intend to return to Australia as that is where all your family is after your work experience in the US. In terms of an account statement, having it in an Australian account would be ideal but again you probably wont have to show this.
Chris
Thank you so much for your excellent info’ on obtaining an e-3 visa!
I have an employer who wishes to hire me for the position as an underwater photographer and also underwater photography instructor and dive instructor.
I’ve been an instructor (P.A.D.I.) for almost 7 years, and have worked the GBR (Great Barrier Reef) and the Netherlands Antilles….I’m pretty sure this falls into the category of “specialty occupation”, but unfortunately there are no underwater photography bachelors degrees!! Would you think that I am still elligible for this visa? (I understand you can only give advice on this matter as a guide, but I’d love to know your opinion on my circumstance!!
Many thanks!!!! Paul.
Hi Paul,
Thanks for the kind words it helps keep me writing!|
Now the E3 Visa rule basically states this job you are applying for must have a bachelor degree as a requirement for hire as its advertised. If that’s the case then I am sure you will be fine as you should qualify even if you didn’t have a bachelors degree of any type based on your vast experience.
With the bachelors degree it doesn’t have to exactly match the job you are going for but has to be in the same body of knowledge or your work experience following the degree has to match the position.
Now you don’t have to have a degree yourself to get an E3 Visa but like I said 1.) the advertised job must have it as a requirement and 2) if you don’t have a degree must have demonstratable work experience for enough years in place of a degree.
Hope this helps.
CJ
Hey there CJ!! Thanks so much Mate!!! (I’m sorry…I don’t know if you are a bloke or not…I usually don’t call the fairer sex “Mate”….even though most of my mates in Cairns do!!! ) I didn’t mean to give you extra work, but as you can see all of us on here are very much indebted to you for your time and knowledge!! THANK-YOU!!!! If you have any kids/nephews etc feel free to email me and I can send some pics of anemone fish (just like nemo!!) and octopus/sharks/turtles/fish etc from my portfolio….kids seem to love ’em!!! I would just like to pay back some of your wonderful help!
One last question.. (Haahaa..famous last words eh!), Do I need to take along to my interview a copy of the advertised job, and does said job need to be advertised in a paper/local paper etc in the States? Please don’t bust a blood vessel answering this..only if or when you can!!
Sincerely, Pauly.
Hi Paul,
Haha….I am a male and no problems for the answers as I always wish when I was first researching this in 2006 there was more resources about the E3 visa. I don’t have any kids and appreciate the kind offer. Maybe one day when I do, I will ping you 🙂
As for your question you shouldn’t have to take that as your employer has to submit a form to the US Department of Labor prior to you being able to go to a US consulate and apply for the E3 visa. That form confirms the job and the salary as meeting requirements. You may get asked about the job but it is easy to make any job sound fancy and with your credentials you mentioned, if you are at that stage there should be no issues at all.
CJ
Hi CJ – Excellent site!
On the surface I seem to meet all the criteria of the E3. I have a bachelor of Commerce with Accounting and Finance majors and have worked as an accountant for 5 years so I have my fingers crossed of securing a job as an accountant in the US. One concern/thought is the processing time at the American consulate. I would either go to Sydney or Melbourne and I have generally heard that it’s quite efficient and quick. What was your experience at the consulate interview stage? My thought was that if I have all my documents ready and present at the interview I should be ok. A delay would possibly cause you to lose your job in the US. Through my research on the internet I’ve heard of people obtaining their visa on the same day as their appointment but I can’t help but think it can’t always be that easy! I wonder if the current recession has an impact on the processing?? Have you heard of any average wait times?
Anyway any thoughts/things you’ve heard on this would be greatly appreciated.
Hey CJ
Wow, is this your job to reply to Aussie’s looking for advice for E3? If not you definately should be paid for answering all our questions!! Your information is amazing and so helpful with all the vague and legal definitions that mere mortals are trying to nervously decipher and see if they will be approved. I have been offered a position with a company that may or may not allow me an E3. Its a promotional marketing company specifically packaging of which I have been offered a senior account director position. Sales in the US can often be specialty and requires a Bachelors Degree yet, Im nervous about this one. I have a degree in Tourism and Business (not printing if such one exists!) and need to know how I can provide proof of this being a specialty occupation?
I have 6 years experience in this field and they were particularly interested in my skills of moving them into a new area, but how do I prove this without it just being a sales job?
Hope you can point me in the right direction…
Cheers
Peta
Hi Mike,
Thanks for the complement 🙂
Reading through your post you certainly do meet the criteria easily. The general way the consulate interview works (and I will actually do a post about this soon)..is you find out from the official that day if your visa is accepted and then get mailed your passport port back a couple of days later. If you are prepared with all documents then it is a pretty painless process apart from the waiting around in the actual consulate for your number to be called. The recession if anything speeds up processing as there is less applications for the consulate to process.
Good Luck.
CJ
Hi Peta,
It seems that has become my job but I am glad to do it 🙂 As I always say I wish I had the help in earlier times. Sometimes the kind words are payment enough and little of the expenses for the site maintenance are covered in part by the advertising. However thank you again for the kind words as I say over and over again, it is that feedback that keeps me doing it 🙂
You are right Sales in the US is far more dynamic than elsewhere and reputable Sales position require many qualifications sometimes. So reading your skills you will be fine with a degree and relevant work experience for that side of things you will be OK. Just ensure that your salary+commission meets the required standards when your employer files your form with the Department of Labor to get the LCA. The role itself if it is a genuine sales role should almost certainly be fine…as I am sure the role you are applying for is not just a cold calling job to get people to change their mobile carrier!
Good Luck,
CJ
Hi CJ – I know the E3 has 10,500 spots per year. Is there a site that allows you to check the amount of visas still available for this year? I’ve searched the government sites but can’t seem to find anything.
Many thanks!!
Hi Mike,
On one occasion a couple of years back the US Embassy site of Canberra had a status total but other than that am not aware of any resource that mentions this. You could ring the USCIS in the US to find out as they are responsible for keeping tally. The bottom line is the quota has never even got close to being filled and as far as I am aware has not even made it to 50% in any one year (October – September). So you have little to worry about with the quota. Here is the most recent list of top E3 Visa employers in a post we just did: https://visacoach.org/2009/06/07/e3-visa-employer-database-list/
Good Luck,
CJ
Hi CJ – This is potentially a stupid question but I keep getting mixed responses so I’m hoping you can point me in the right direction. To enter the US with the prospects of finding a job, do I need any other sort of visa to do this or can I enter on the visa waver program? I know the VWP gives 90 days in the country and you cannot work whilst you have this status but can you look for work? If so I would assume you just tick the ‘I’m seeking employment’ box on the green entry form and present that to the customs officer at the airport? I’ve had a few friends say just tick you’re not looking for work on that form but I’d prefer not to lie.
It would be much appreciated if you could point me in the right direction with this!!
Hi,
I have been offered a job at a university for Continuing Education. The offer is just for the fall semester. My F1 status expires July 21. At my interview, they said that they were not sponsoring people. However, I believe this might be to do with fees they have to pay for sponsorship. I’m Australian so I could get an E3 which has only visa issuance fees I believe. Will they just have to submit an LCA and how long does it usually take to get approved?
SS
Hi CJ,
I am an American citizen engaged to be married to an Aussie. He lives and works in Australia for a company whose world headquarters is based in the U.S. He has 24 years and is employed at a very high executive level so the qualifications are not the issue. He travels in and out of the U.S. for short work trips now quite often, as well as many other parts of the world but I couldn’t tell you what type of work visa he carries. His company organizes everything.
My question for you is this. He recently was told he could transfer to the U.S. world headquarters (he has been pushing for this so that we can be together). He wants to make the move as soon as possible. If he comes here on an E-3 visa, would we be allowed to marry? I know that the E-3 requires you to prove you will leave the country upon it’s expiration, but in an earlier post you lightheartedly mentioned that the person could just “marry the girlfriend”.
Our long term goal would to be dual citizens of each other’s countries so that we could go back and forth, and live in “summertime” all year round!
Any help would be appreciated!
Hi Mark,
You can enter on the Visa Waiver Program and search for a job. Look ultimately they prefer if you are true to the status you are on but there is nothing against it looking for work on the more tourist orientated status. Having said that on the Green I-94 card it may be easier to tick “tourist” as I assume anyway while you are here you will see some sites as the US Customs official may ask you additional questions at the Airport border if you tick the seeking work status.
Good Luck,
CJ
Hi SS,
Yes for the E3 Visa there is potentially no fees for an employer (unless they decide to use a lawyer) and if you file that form ETA-9035(E) online, you usually get your LCA in a few days if all is correct.
Good Luck,
CJ
Hi Nancy,
The All Year Round Summer lifestyle is something I would aspire to as well 🙂 If your fiancee is on the E-3 visa and indeed any other visa status (and also illegally here for that matter), you can marry. Then you just have to go through the Permanent Residency process. Look if you have strong intentions to get married it may be beneficial to get the K-1 visa for him but I would doubt you are going to have troubles with him being issued an E-3 visa given his background and work status.
Good Luck,
CJ
Thanks so much for your quick response CJ! Keep up the good work!
CJ,
Thanks so much for your help. This is a really helpful website.
SS
Hi CJ, Thanks so much for all this information – i have been surfing this internet for months only to finally find your website the most informative. I cant thank you enough for all this wonderful information.
So, I have been a Chef for the past 20 years in Australia but also worked in Utah for 2 seasons on the H2B. I believe the E-3 is the way to go these days, and understand i need to find a job that will sponsor me first. So thats fine…. however, does being a Chef qualify even though i didnt actually finish my apprenticeship so therefore have no certificate of completion. (just shy of 6 months !) Also – my new passion in life is flority. I have been working in Australia part time for 4 years. Do i have any chance of getting work as a florist in the states or is my best bet as a Chef? I am happy to cook if it means i can live in the states for a while. Thanks so much in advance. selw
Hi Selw,
Thanks for the kind words, they do mean a lot and am glad the intention of this site is ringing true for you versus other information out there.
A florist would be big stretch but certainly Chef give you have seeming 20 years of professional experience that you can prove which can easily substitute for a bachelors degree in certain roles. I think you would want to secure a role in a very good restaurant and not just a diner for example as then it can be justifiable that role is a specialist one and if advertised could specify a bachelors degree is required (read this post if you haven’t already to get more clarity https://visacoach.org/2009/05/22/e3-visa-the-bachelors-degree-specialty-occupation-conditions/.
Look I admire your desire and think it is certainly possible as chefs have got the H1B visa so no reason why they can’t get the E3 visa, I just think you need to find a certain type of higher end role in the industry to make it work.
Good Luck,
CJ
Hi CJ,
Let me add to the growing chorus of thanks and praise 🙂 Your efforts are most appreciated!
My situation is that I’m working in the US with an E3 visa but I’m exploring the idea of quitting my job and going on a period of extended (budget!) international travel.
I’ve read that I only have 10 days to leave the US. Is that 10 business days or just 10 days? And what sort of trouble do I cause if I stay a week or 2 longer than that?
Alternately, I’ve been researching the idea of doing a border hop to re-enter as a tourist, but that seems like it might be problematic without a return ticket.
Basically, what I’d like to do is quit, stay in the US for maybe up to a month or so, then travel to a new country (which won’t be Australia). Is there a simple way to do all that? 🙂
Thanks again!
PR
Hi PR,
I think a lot of people here who were laid off would wish that you pass your position onto them 🙂 since you seem to want to travel.
Thanks for the kind words and I will see what I can do to help.
You are right about the 10 days and that applies from the moment your company notifies the USCIS of a termination date. Of course if they delay notification so your termination date is extended out then you have more time. This is a common think for similar types of situations.
Now the legal reality is you have 10 days but if you went and did your traveling for a month and then left the US, more than like nothing will happen to you as a lot of people do overstay in this type of capacity and within 90 days past the date haven’t heard any bad experiences. (look I am not telling you what to do of course just explaining that people do follow that trail 🙂 ) People from certain countries with certain passports from richer western countries are seen as lower risk seemingly and also seem to have less hassle with these types of things.
Hope you have fun in your travels wherever it leads you!
CJ
Hey CJ!
I have spent hours trawling throught your posts they are great! I have a question, which I am struggling to find the answer to, I have just hung up from the US Embassy as I was on hold for an hour and going around in circles!
I am about to head to the US on the VISA waiver program, I have a job lined up, but just need to pass some tests before they can license me to practice (I need the license for proof of specialty occupation for the E-3 application). My understanding is that I cannot apply for the E-3 VISA from Mexico or Canada if I am in the US on the VISA waiver program, are you aware of this?
If that is the case, do you know of the nearest ‘international US embassy’ where I would be able to apply for the E-3 i.e. El Salvador, or Dominican Republic? I have emailed both of these embassys, and I am awaiting their replies also!
One last thing! Sorry! If I gt a B-2 tourist VISA and travel to America on that instead (with the intention of passing my tests and applying for the E-3), do you think this is VISA fraud? As technically I am not travelling to the states as a tourist, but with the intention of applying for the E-3. I would probably only be in America on the B-2 for about 10 days before laving the country and applying for the E-3?
I am thinking the VISA waiver program, and then applying from another country is my best option, just trying to determine the best country!!
Any assistance would be greatly appreciated!!
Chloe
Hi Chloe,
I have never heard that before as I lnow a few people who come here on Visa WAiver as a toruist and then found a job and sponsor and then got their actual E3 visa in Canada. I mean the 90 days you have on visa waiver program actually applies to all of NOrth America so including Canada and Mexico so you can’t reset the US 90 days just by hopping across the border and coming back again so maybe that is what they were referring too. Similarly with the B2 visa people have done the same thing and the B2 visa and visa waiver program are essentially the same thing in terms of intention.
In my opinion I think you will be fine based on the experiences I am aware of as your route is avery commonly traveled route in terms of VWP to E# visa in Canada.
Good Luck,
CJ
Hi!
I just came across your website and its extremely helpful! I’ve been working on my E-3 visa for about 4 months and just got laid off today.
I really want to stay in the US and find another job here since its become a 2nd home that I’ve made with my current bf. My boss feels bad for me and says he doesn’t want me to have to leave the country so he’s offering to somehow keep me “affiliated” with the company. How can I stay on the E-3 visa without actually being employed? Can my boss just keep me on the payroll and not pay me?
Thanks
Kay
Hi CJ,
Again thank you so much for this website, and for answering all these questions so thoroughly. I have 3 questions. First, I want to give you a run down of where I am in the process. I have now received an approved LCA for 1 of 2 jobs. (My other employer hasn’t applied yet). The job (Job 1) I have the approved LCA for starts on September 1st (although I only really need to be there on September 24th). The other job starts October 6th. I am currently in my grace period for my F1 so I have to leave soon and then come back. (I recently got engaged to a US citizen but I want to be on my E3 not the K1 since the wait times seem better and we may not ready to get married in 90 days from approval). I have made plans to travel to Australia and scheduled a visa appointment on August 27th. My questions are as follows:
1. If I wanted to make my visa appointment on September 1st or later, would there be confusion or questioning or problems since my employment start date is September 1st?
2. In a worst case scenario if I don’t have an approved LCA for my second employment before I leave to go to Australia, what should I do? Assuming I will get my E3 based on Job 1, and start that job in September, what if the other LCA for Job 2 arrives mid-September after I have returned to the US. Do I have to leave the country again to start that job? Can I just submit the LCA to the USCIS and ‘add’ to my E3? I am very unclear about ‘adding’ concurrent employment after getting an E3 based on 1 emplopyment, and my obligations.
3. Will the fact that I am engaged to a US citizen pose a problem?
Thank you so much. Please let me know if this is confusing. I really appreciate your help.
Shaumyika
CJ,
Sorry I have a fourth question. Now that I have the approved LCA, my understanding is that I just take all my documents to the US embassy in Oz and I don’t have to do anything with the USCIS since this is my first E3? Is that correct?
Thanks again
SS
Hi Kay,
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.
I am sorry about the recent events that have happened to you. Thank you for the kind words and then I am sure you have read my posts around being laid off then. Yes what you describe is something I mention that mny nicer employers are doing by delaying notification to USCIS of your termination allowing you more time to find a new role.
Good Luck,
CJ