Tag Archives: e-3

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” 🙂

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 consulate  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

E3 Visa Jobs

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We have talked about the benefits of the E-3 Visa before and how you can get the visa to live and work in the US. Also in general terms we have advised on where to look for jobs in the US so you can best search for a position and employer that will sponsor your E3 visa.

Finally we have given the Top US Employers List which although is the top 200 H-1B visa sponsors last year is just as relevant for E-3 visa holders. It is just as relevant if not moreso because essentially the work benefits of the E3 visa for the employee once in the US is the same as the H1B visa but also has the added benefit of being able to be applied for all year round with a start date immediately following visa approval.

However for many the process is still so overwhelming as they are stuck all the way in Australia and wonder how in the hell they could convince somebody in the US to want to hire them compared to a local candidate.

I am sure many of you to a couple of the biggest job sites in the US like Monster.com (which I do recommend) and CareerBuilder.com (which I don’t recommend mainly for the plethora of junk jobs on there, the fact that spammers seem to like finding details on that site and sending you crap although this has got a lot better but most of all their terrible interface) and find roles and are just applying but with no response.

One of the most common things I think for the aspiring E3 visa applicant is coming to a pre-questionnaire for a position whereby they have to answer a question like “Are you authorized to work in the US” or “Can you work in the US without sponsorship” and unsure what to answer.

The truth is in my opinion that for most companies that ask that question, unless you have an internal or external referral to someone in the company, generally means they won’t consider hiring the average foreigner. This is probably for no other reason than they assume you are an H-1B applicant and they don’t want to the cost, uncertainy and delays that are part of that process.

This is unfortunate but the fact the E-3 Visa is virtually unknown by all of corporate America not to mention the Immigration community 🙂

It is OK because in a previous post we told you how to explain the E-3 Visa to a potential employer as well as in our opinion where to put this information in your resume.

So to continue my point, if you just the average person, it may be time well spent by NOT doing too many of those types of applications whereby you are having to answer that question in the negative. Your application is probably going to an immediate discard pile maybe only looked at if there are no good application in the group of people who can answer that question positively.

Apart from LinkedIn, Monster and Craigslist, my other really great suggestion in the application phase is direct applications to a company via their own website which may just be sending in your resume to a careers email (possibly with a cover letter). This may or may not be to a posted position as often positions are not advertised anywhere or just in obscure places.

Aside from the fact that this type of applying to companies who could offer you a job and sponsor your E3 Visa is frutiful in terms of responses, it also is a lot quicker that going through long questionnarie applications meaning you can apply to more places in a short space of time!

So all you have to do and you can use the job sites to help you here or industry group sites for your chosen industry to find all the companies that may exist in your niche. In today’s day in age they will have websites and then you are set. If those sites have HR contacts that is great in terms of addressing cover letters and emails.

As said in other posts, I highly recommend applying to small companies as well as they can be surprisingly open to hiring a foreigner and you can learn all you need to know here at E3visa.info and guide them through the process 🙂

The final tip which I have also stated before is get a US phone number (you can do it via Skype) and be prepared to fly here for interviews as daunting as it sounds. Of course pick your city and try and schedule as many job interviews as you can in a short space of time.

As you all are no doubt aware Travelzoo, Expedia and Webjet can be helpful to get good flight and accommodation deals.

Good Luck in your E-3 Visa quest!!

CJ