Category Archives: Visa Info

Information about all types of US Visas and the best ways to obtain one

How To Get Your E3 Visa Indirectly via the F-1 visa

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Judging by the recent comments I am receiving and the regular emails from readers interested in the E-3 visa, the struggle most people are facing, particularly in the economy is finding jobs where employers will sponsor your E-3 visa.

With the above 2 links I have given a lot of background information to the E-3 visa beyond what official and other sites may tell you as well as great tips to finding a job.

Now today I think I will go into one of 2 indirect ways to get your E-3 visa (I will discuss the other in a suture post);

  1. via F-1 visa
  2. via J-1 visa

The F-1 Visa:
This visa is a full time student visa and used mostly by International students from all over the world to study at US college and universities for their undergraduate, masters/graduate and/or PHD programs. I will cover more on the F-1 visa in future posts including all its benefits and pitfalls, requirements as well as how to apply, etc.

It is very popular and historically has been the main way people from all over the world have been able to transfer from student to the H-1B visa. So in essence it is already used extensively as a stepping stone for Internationals to become full working professionals in the United States.

Of course this is not a cheap option, as outside of outstanding students and those in many PHD programs, chances are you will have to pay for your education in full. As you may be aware, college tuition fees in the US are not cheap.

Well short of having a source of funds to be able to attend one of the prestigious universities in the US like the Ivy League Group including Harvard or Yale, you can attend state universities where the tuition is much lower (although still probably expensive by global standards).

The tuition at state universities is subsidized by the Government and is even lower for residents of that state (normally you have to live in a state for 1 year to qualify for this so after a year of study your fees may even go down depending on the regulations of that state and university regarding foreign students).

The fees are generally charged by the amount of credits each subjects gives you and of course you need a certain amount. Without going into too much detail about this in this post, you are looking at up to $5,000 per semester for undergraduates but this depends on a large amount of factors and could vary. Here is a link from Sallie Mae to help you estimate costs. Of course Masters programs can be more but is generally only half the length of a undergraduate degree (2 years vs. 4 years)

Now it is very difficult for International students to get loans in the US, however Sallie Mae does have a program called Tuition Pay allowing to break up payments evenly over the months of a semester.

After all that what the F-1 visa does give you is the ability to do 4 things which greatly enhance your chances of finding an employer to sponsor your E-3 visa easily.

  1. CPT – Curricullum Practical Training which allows you to work for credits to your degree (don’t do more than 12 months as it makes you ineligible for OPT)
  2. OPT – Occupational Practical Training which is 1 year for undergraduates and now possibly up to 2 years for Masters or Higher Degree Holders to work at a US company. This is usually done by a student following graduation
  3. Network via University, Alumni and Above Work Training Programs – The contacts you meet will be invaluable probably for the rest of your life and you will have so much help, support and advantage compared to the average E3 visa hopeful
  4. Time – This may be the most important advantage as say you do a 4 year degree in the US or even transfer here for a part of your degree, you have so much time to do practical things like apply for jobs, build resumes and attend job interviews.

Finally I will give you the 2 final links that will help ensure you get your E3 visa and that is;
– How to explain the E-3 visa to an employer
– How To Change from an F-1 visa to an E-3 visa while in the US

I hope this gives you another option in your quest to obtain your E3 visa and begin your new life working and living in the US.

CJ

The Difference Between A Non-Immigrant and Immigrant Visa

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The US Immigration system has an interesting way of classifying foreigners who enter the country. In fact if you have an E-3 visa, J-1 or H-1B visa and somebody complains that you are just another immigrant taking jobs from US Citizens, you can reply and say “well actually I am not an immigrant….I am a non-immigrant” šŸ™‚

So what is the difference between a non-immigrant and immigrant in the US and thus the immigrant and non-immigrant visa as it is a different classification than most countries’ systems?

The Non-Immigrant Visa

Well a non-immigrant is anyone who had to establish prior to coming to the US that their permanent residence is outside the US and that they intend to return their after their temporary stay is over.

So of course non-immigrants includes tourists, including those on the visa waiver program, but this also includes those on H-1B visas, E-3 visas, J-1 Work and Travel Visas, J-1 Internship Visas, L-1 visas, TN visas, F-1 visas, B1/B2 visas, etc. All of these people in one form or another have to prove to their US consular or embassy officer that they have strong ties to their country of residence and intend to return their at the end of their US stay.

S0me visas like the H-1B and L-1, have what is known as a dual-intent provision which basically means they can apply for permanent status via their employer while on their non-immigrant status. The E-3 visa in practical terms seems to allow this too although it is not explicitly stated like the H-1B visa for example.

So what constitutes Strong Ties?

There is no set definition and the practical workings of this seem to differ greatly by country and also where a person may be born and even their heritage.

For example someone born and raised in Canada or the UK seem to have to prove little to prove they will return home as it assumed as they come from a rich Western country, probably with strong family and property/asset ties to home, they will return.

On the other hand someone who is from a 3rd world country or is a foreign born and raised citizen of say Australia, seems to have a higher burden of proof to prove strong ties and that they will return home as the US views them as a higher risk. Many view this as a racist policy and in some ways it really is but that tends to be the nature of modern immigration systems in Western Countries.

A strong tie can be;
– family members all residing in home resident country
– bank accounts held in country
– property ownership or significant assets like cars, businesses, etc.
– or anything seen as a compelling reason for a person to return home

As I said the burden for someone to prove this at their consular interview is really dependent on where they come from and sometimes how strict their assessing consular officer may be.

Due to way the regulations are written, it is up to the non-immigrant to prove these strong ties at the discretion of the consulateĀ  or otherwise you can be denied a non-immigrant visa under condition 241(b).

You can re-apply for a non-immigrant visa if you are denied for this reason but you have to show further evidence of your strong ties and your compelling reason to return back to your home country of residence.

The Immigrant Visa

There is less to say about these types of visa as in practical terms these are permanent residency visas of some description. They fall under 3 categories being;
– Family Sponsored (direct relatives only)
– Employer Sponsored
– Special Category

You can read about all of these categories further and their defining characteristics at our How Do I Get A Green Card post and of course about the Green Card Lottery which is another way people can obtain permanent status in the United States.

Thus people in this section do not have to prove ties to their home country as their intention is to reside in the US. However you should note there are limited quotas with most of these visas as well as strict criteria to obtain one and long wait periods particularly in the family sponsored section for certain direct relatives.

Many people apply to transfer to an Immigrant Visa from a Non-Immigrant Visa like H-1B but depending on the country of residence this can also be a long wait as well.

I hope this helped clarify the difference between Immigrant and Non-Immigrant status in the US and this confusing part of the US Immigration system!

CJ