Tag Archives: e3 visa part time

E3 Visa 2011 Common Questions Answered

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

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E3 Visa Biggest Challenges

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

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