When it comes to the E3 Visa one of the most common questions asked is the ‘demonstrate residence abroad’ condition and specifically why does it exist, how you prove it, how does it apply to the no dual intent provision and finally what are the risk it will affect being approved for US visa sponsorship under the E3 visa.
Why Does it Exist & The Dual Intent Provision
As a quick bit of background, the ‘demonstrate residence abroad’ provision applies to all visas which do not specifically allow for dual intent like the H1B visa. Essentially dual intent as a provision specifically allows for the visa holder so simultaneously pursue Permanent Residency in the US. So visas like the E3 visa as well as the J1 Visa and F1 Visa among others have this same ‘no dual intent’ provision where the applicant when at the US consulate has to demonstrate residence abroad.
Now in saying that while the E3 Visa does not have a dual intent provision like the H1B visa, it also unlike the J1 Visa and F1 visa doesn’t specifically prohibit a person from pursuing permanent residency/green card either. You can read what the exact wording is, in some of the other links about the E3 visa contained in this post.
How Do You Prove It & Risks To You As A E3 Visa Applicant
This is a question with no exact answer and often is dependent on your particular background and ties with the US and also somewhat on how detail orientated a particular consular official may be.
In general it must be said though that Australians on the whole are though of as low risk non-immigrants and visitors to the US in terms of people who are like to overstay their allowed time. This has a lot to do with the fact that Australia is another rich Western country so their applicants are not under the same scrutiny as other countries considered higher risk.
Often many E3 visa applicants report when they visit the US Consulate for their interview that they have not had to show any evidence as proof of demonstrating residence abroad and many others just had to verbally say ‘yes’ they intend to return.
So for example from being involved with hearing people’s E3 visa experiences, the people that tend to have to provide the most evidence to prove this condition include;
– those not born in Australia and may have recently become Australian citizens
– those with few family ties in Australia often because of the experience above
– those who have many close family connections who are residents or citizens in the US
– those who may have overstayed a previous US Visa or Visa Waiver Program
– unusual elements in your past like criminal history, etc.
However when you attend your US visa interview it is always good to have proof on hand just in case they do ask you to show evidence. So the type of information that can be helpful in this regard includes but is not limited too;
– close family ties in Australia (this is often a verbal proof and is easily verified by US consular officials)
– significant asset ownership proof like mortgage document for home, car, business, etc.
– bank statements with account history
– verbal mention of prior US visa visits where you obeyed the conditions of entry
– miscellaneous links that tie you to Australia that will compel you to return
– citizenship/residence and asset documents you may have for another country that you intend to leave for
As you can see there is no set list but the top 3 to 4 items are the standard ways to prove your ties. The truth is if it is obvious that you have sold up your entire life in Australia and you also fall into the higher risk categories I mentioned earlier you may be asked additional questions or they may decide to investigate your particular case further and not approve your E3 visa on the spot. This is often called administrative processing and on average take 1-3 weeks extra but can extend into months on rare occasions.
Like I said in all likelihood this is not a condition you have to worry about too much but it always pays to be prepared when attending your E3 Visa US Consulate Interview.
Good Luck as always,
CJ