Tag Archives: e-3 visa

E3 Visa Process

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We have so much on the E3 visa already at our main info page as well as our E3 Visa FAQ page which contains links to all major E3 visa resources on this site as well as some great tips and information.

So really this topic is already covered via the above resources but given the large amount of search volume from this query to our site more than anything else, along with many comments, we will do a brief post on the E3 visa process itself.

Step 1: Find an Employer willing to sponsor you
This is of course easier said than done but the crux of this is finding a US employer who is willing to hire you and thus sponsor your E3 Visa. The barrier to entry for this is at least less than the H-1B visa which has certain times of year associated to it, a very competitive fixed quota and large costs. However most employers will not hire someone without at least one face to face interview so there could be expense for you to achieve your goal. Note you can’t apply for your E3 visa as a new visa from within the US or transfer to it from the Visa Waiver Program. You can transfer to it from visa like the J1 Internship visa and F1 Student visa.

Step 2: Apply for Jobs At US Companies
I guess this is really interchangeable with Step 1 or indeed a subset of it. Given the important and uniqueness of this act I thought I would devote a paragraph to it. Of course for a foreigner on the other side of the earth to find a job in the US is some kind of effort and certainly requires some forward planning. Many people come to the US on the visas mentioned above like the J1 visa and F1 visa as a stepping stone to working in the US allowing them time to make contacts and attend interviews while under legal status. However many people do indeed do things like apply to jobs from Australia and then fly to the US and attend as many interviews as they can. Some good general tips are to have a US phone number on your application (i.e. via Skype), try and have a US mailing address if possible and mention visa status on their resume in explaining it to a potential employer. Of course from here the job interview and selection process is generally similar to what people may be used too but note that salary negotiations are a much bigger part of the US process and often begin right upfront. Finally ensure you understand the specialty occupation and bachelors degree provision.

Step 3: The Visa Application process
Once an employer has agreed to hire you and sponsor your E3 visa they need to file form ETA-9035(e) with the US Department of Labor. This is so they can received an approved Labor Condition Application (LCA). This is a free filing and can be done online. Essentially on this form includes details on the nature of the job, the nature of the company, a little on the candidate (i.e. you) and the salary. You should note that the salary has to meet the Department standard for the average salary for that type of role in that region of the country. You would take this document, along with an offer letter from the company to your US Consulate Interview for the E3 visa.

Step 4: The US Consulate Interview
From the link referenced above you can see a detailed account of the US Consulate interview for the E-3 visa. You can do this in other countries like Canada, UK, etc. but of course the most common tends to be at a Consulate in Australia. You should take as many supporting documents as possible including bank statements, asset ownership proof, copy of your degrees and any licenses that may be relevant to your role, etc. One of the things you need to demonstrate is the residence abroad condition. This is basically proof to the US that your ties to Australia are strong and that you intend to return home at the conclusion of your E3 visa period. The more prepared you are for this, the easier and quicker and less hassled it tends to be. You should note that you have to prepay the E3 Visa Application Fee at Australia Post prior to your interview.

So that in short is the E3 visa process but like I said read a lot of the other posts for in depth information and tips about particular aspects and how you can best navigate them.

Good Luck,
CJ

E3 Visa Biggest Challenges

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The E3 Visa as you know is an extensive topic covered on this site and along with the Green Card, Green Card Lottery and H1B visa, are the most commonly asked questions on this site from our readers.
However lately we have noticed hat as the economy seems to be slowly waking up from its slumber in the US, many more Australians are asking questions as to how they can get to the US and find a job with an employer who will sponsor their E3 visa.

As we have covered that top extensively from the above links, we won’t rewrite the same information here but will try and an address some of the more common questions we are seeing lately and relate it as much as possible to the current economic climate for foreigners in the US.

So one of the more positive signs is that many foreigners who come to the US on an F1 Visa for Students for undergraduate, masters and PhD level degrees as their stepping stone to finding employment in the US have found their job prospects in recent months greatly improved. The greatest evidence of this comes from the H1B visa quota numbers which in our recent US Immigration December update which at the end of the US Immigration year on September 30, 2009 still had approximately 20,000 H1B visas unfilled. In recent years this quota has filled up in a matter of few days after the April 1 opening with even an H1B visa lottery, so this shows how much has changed in the 2009 climate of fear.

Well as of the latest update as we noted there is now only 2,500 left as the USCIS extended the time so the quota would be filled for FY2010. Most of these no doubt would have been taken up by students on F1 visas on their OPT who were already residing in the US. Job opening particularly in the skilled professional areas of Health, Education, Alternative Energy and Internet are high and even areas like Finance are picking up evermore.

However despite all this positive news, the challenge remains for Australians wanting to work in the US is that most of you are not in the US as a student or a J1 Visa Internship program, that yes while their are more opening and the market prospects are not as bleak that still doesn’t overcome the geographical and other hurdles of convincing a US employer to hire and sponsor you.

We have had recent questions from people asking about whether they could look for jobs that are completely different to their qualifications and/or experience. In general, this is possible, but you do not want to deviate to far as when you go for your US Consulate Interview, this may be a reason they could deny your visa if they deem their is little link between what you can offer and the job you will do.

Essentially the goal of hiring a foreigner as per the US Immigration language is to fill a role that they can’t find a suitable local to do. While this not necessarily what happens in practice, it is cited as a reason for denial when the candidate and job are seen as too far apart by the US Consulate.

People have also asked whether they could get 2 part time jobs on the E3 visa. This is certainly possible and an avenue that many people explore successfully. The additional requirement here is that each employer must file for ETA-9035(e) with the US Department of Labor to get an approved LCA. Then at your US Consulate interview you may have to answer questions as to how you will successfully navigate working for 2 companies simultaneously.

A couple of recent questions have also asked about the E3 Visa quota of 10,500 and whether it had been reached. Well there is no official tally anywhere and the only way to know for sure is to possibly try and ring the USCIS and see if they have a number. However in any particular year, we have not even got close that quota being fulled and not even sure if we have even got to the 60% full either. Additionally, extensions and renewals of the E3 Visa don’t count towards the quota and nor do the spouse or children dependent E3-D visas. Finally the quota resets each year on October 1. So this US Immigration year known as FY2011 has only just started.

Back to the challenge of finding employers from so far away. We created the E3 Visa Employer Database to try and help you for this as these are companies who are familiar with the E3 visa specifically and sponsoring foreigners as they have hired before so if contacting them or applying to open positions their it wont be as big a shock. However you may notice on many application forms that they ask whether you have work authorization as a question. The true answer to that question is NO as unless you have a working visa that allows you to work at a moments notice, then for that company to hire you they will have to do more than just hire you. Often it can pay to avoid those company as they usually reject outright if they are asking this question or if you are applying for a fairly standard (non highly specialized role) position, then it will be hard to stand out so much that they would hire a foreigner over an equally qualified US candidate given the simpler and quicker process.

Because of all this it can often pay to apply to smaller and medium size companies or contact people within companies directly and make use of recruiters which are a big part of US hiring culture at all levels. Use LinkedIn as a great resource to make contact with both recruiters and hiring people at companies you identify.

Finally as I have mentioned in other posts addressing this topic, be prepared to come to the US for interviews and pay some costs like travel to achieve your goal. It is rare you are going to be hired sight unseen and also that the first company that sees you will hire you, or that it will even be a one step interview process if you are going to be hired. I would say there would be a minimum of 3 contacts for a successful hire with one phone interview and 2 face to faces.

Again I wish you all the best and look forward to you posting your experiences here to help the community.

CJ