E3 Visa 2011 Common Questions Answered

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We have published an exhaustive list of information about the E3 Visa for Australian nationals as referenced again below which covers process, costs, FAQs, employers, interviews, etc. but we still get endless questions every day. I am sorry that over the last 12 months we can’t respond to individual emails anymore but that is solely due to the sheer volume of questions which more often than not are long and detailed.

It was always our hope that this site would turn into an dynamic community where everyone could help each other in their US Immigration journey and that those who have progressed further can help those that are newer to the process. We thought that we would today answer some of the most common questions we have been asked in 2011 here in the hope that it will spur further discussion and aid to those who are looking to live and work in the US.

1. What are the Supporting Documents To Take To the US Consulate Interview?

In most cases if your company has been running for a while or sponsored foreign workers before and/or your job is without question a professional position that requires a bachelors degree, then the minimum required documents will be fine. Although it is always good to have other docs in reserve if you have it. These documents include the approved LCA (labor condition authorization from the Department of Labor), Letter of Offer from the Employer and DS-160 form copy and back up photos. You need an LCA for each company/job you would like E3 authorization for. At times it can also be good to have copies of your University Degrees and if you anticipate issues a transcribed copy of your academic and work qualifications to mark it as an equivalent to a US degree.

2. Can I Work Part Time on the E3 Visa, Do I Need Multiple E3 Visas & What Do I Need To Be Paid?

You can work part-time on the E3 Visa as long as it still meets the other criteria like Specialty Occupation. Each of the employers need to be listed on your E3 Visa stamp in your Passport with an approved LCA for each position. The minimum pay required has to meet the criteria for the position you are applying for in the city in which you are working. This is roughly equivalent to the average salary for a US worker in that role in that area and is checked on the US Government database and Salary Area.

3. Can I Start A Business (or transfer my business) on the E3 Visa?

In short you have to be sponsored by a US employer so you cannot start a sole trader business or transfer your Australia business to the US. There is potential if you US partners and an incorporated US entity that sponsors you as an employee that you could be eligible for the E3 visa but the company will most likely be checked in both LCA phase and US Consulate interview phase to determine its legitimacy and of course the role still has to meet the Bachelors Degree and Specialty Occupation conditions.

4. If I Don’t have a University Degree, Do I Have A Chance To Get The E3 Visa?

This is an interesting question and one which we try to answer below in the Bachelors Degree post. In short it becomes a lot more difficult. Given a US undergraduate Degree is 4 years and the rough equivalent is that 3 years of work experience is deemed to equal one year of study, a rough rule of thumb is you need 12 years of work experience specifically in your eligible profession. This has potential to be somewhat mitigated if you have some other higher education qualifications but ultimately this is at the complete discretion of the US Consulate officer in the location where you apply. Also again the job you are applying too has to have a bachelors degree as a minimum criteria for hiring which precludes many occupations like trades, hospitality, hair/beauty stylists, manual labor, etc. So in summary yes it is possible but is a lot more difficult and is really a route for those who have a significant number of years of work experience and who are applying for the same type of specialty job in the US.

Our E3 Visa Resources:

– E3 Visa General Information
– E3 Visa US Consulate Interview
– Transfer to an E3 Visa from another US Visa
– E3D Visa – spouse and dependent visa for the E3 Visa
– Step by Step Guide to your E3 Visa
– Social Security & Healthcare while on the E3 Visa
– Getting a job on the E3 Visa
– Explaining the E3 Visa to an employer
– Going to a Green Card from the E3 Visa
– How much does the E3 Visa application cost?
– Extending, Renewing or Changing Employers on the E3 Visa
– E3 Visa Renewal without US Consulate Interview
– How Does the E3 Visa Differ from the H1B visa
– E3 Visa Job Information
– E3 Visa Employer Database (exclusive)
– E3 Visa Bachelors Degree and Specialty Occupation conditions explained
– E3 Visa Demonstrate Residence Abroad condition explained
– E3 Visa concepts explained in easy to understand language
– Do I need a lawyer for the E3 Visa process?
– Laid off on the E3 Visa

Good Luck.
CJ

DV-2012 Green Card Lottery Results Announcement July 15 2011

Green Card & Citizenship, , , , , ,

The DV-2012 green card lottery (diversity visa lottery) winners were announced in May for the lottery that was held online from October to November in 2009. As we did last year we thought we do a general announcement post as well answer a couple of common questions we received over the past 12 months.

However soon following the results the State Department announced that due to a technology glitch, the winners would have to be redrawn as the announced winners were not random and purely just the first people who entered. This is obviously very unfortunate for those who thought they had won but of course completely unfair to those that entered properly but never really had a chance.

Ultimately the fair result is happening and every who entered last year still has a chance when the new winners are announced for the 55,000 lucky Green Cards on or around July 15, 2011.

You should note that being selected as a winner does not guarantee you a green card as you must pass some additional criteria as well in the application process. The actual DV-2012 visas will be issued between the period of October 1, 2010, and September 30, 2011. Applicants must obtain the diversity visa or adjust status by the end of the fiscal year.

Unfortunately those who missed out on the green card and permanent residency will NOT receive any notification but for the third year running, you will be able to check the status of their entry through the E-DV website.
You must have kept the confirmation page information from when you entered the DV Lottery between October and December 2010.

The results should be sent out to the lucky applicants with an official letter from the U.S. Department of State Kentucky Consular Center in Williamsburg, Kentucky. All notifications are by mail to your nominated address and you should note that there is NOT any email notification. It seems like already people have started receiving their winning letters so hopefully this will be the case for all of you that read this post and applied!

The notification letters will have additional instructions, including information about additional forms and other documentation required as well as immigrant visa application fees.

The Interviews for the DV-2010 visa lottery program begin in October 2009 and foreigners who applied overseas will receive an appointment letter from the Kentucky Consular Center about 5 weeks before the scheduled appointment.

A couple of additional points to note.

1. Be patient with receiving the 2nd letter if you have received the first as sometime the mail is slow. The only people that you can contact that will give you any insightful information if you are a winner and received the first letter is the KCC.

2. Check the US government websites to see the current dates for your number if you are a winner

3. If you were a child on a winner’s application and since turned 21 after being 20 at the time of application, you are still eligible as your age is frozen. However you must take up the green card within a year as otherwise you will be ineligible

4. High School education or its equivalent as per the requirements of the primary applicant means the successful completion of a twelve year course of elementary/primary and secondary education in the U.S. or successful completion in another county of a formal course of elementary/primary and secondary education that is comparable to the US 12 year education system.

5. If you are currently residing in the US on another non-immigrant visa, you are able to adjust your status within the US if you are a winner

Also FYI, the Green Card Lottery (DV-2012) will begin in October 2009 for those wanting to enter this year with more information about this lottery due by September.

Good Luck

CJ