Tag Archives: e3 visa

E3 Visa 2013 Common Questions Answered

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The E-3 visa while only allowing a maximum of 10,500 visas annually and even that quota only is barely half reached each year continues to be one of the most sort after materials on this site. Today the E-3 visa is only available to Australian citizens, although their spouses on the E-3D visa can be of another nationality. However there is a strong push for E-3 type visas for both Irish Citizens and South Korean Citizens.

For E-3 Visa 2011 and E-3 Visa 2012 we did a Frequent Asked Questions post comprising the most common questions we had been asked over the past few months in the comments section. In most cases the answers already existed in other articles on the site which we have referenced below. However we found that a brief common questions article annually is well received by our readers.

1. How long can I remain in the US after my E-3 visa expires?

If your E-3 visa has an expiry date of June 1, then you can remain in the country for 10 further days and should leave by June 11. In actual terms it is the date on your white I-94 card that is your true final date for leaving the country and this maybe greater than 10 days because you may have renewed your E-3 visa within the US. In practical terms most people who do leave after this period but within about 120 days and experience no issue with new visas and reentry to the YS, however technically this is a violation of your entry to US terms.

2. Can I do an Internship on the E-3 Visa?

Technically you could do an Internship role on the E-3 visa if it paid a proper salary that met the prevailing wage requirements. However in practical terms the E-3 visa is for professional workers in specialty occupations with a minimum of a bachelor’s degree or equivalent work experience. The J-1 visa is the designated visa type for internship and trainee type opportunities and has a more suitable set of criteria for Intern candidates.

3. Should I apply for the E-3 Visa of H-1B Visa?

Below we did an article with a link comparing the differences between the H-1B visa and the E-3 visa. There is many reasons why would choose one over the other based on current US Immigration regulations. The H-1B visa spousal visa, the H-4 visa does NOT allow them to work whereas the E-3D spousal visa does. The H-1B visa is explicitly a dual intent visa allowing for your employer to sponsor your Green Card under common types like EB-2 and EB-3. The E-3 visa does not forbid this but does not explicitly allow this either although few people have recorded issues doing this. The H-1B visa has a strict quota, high filing fees, is open to world, only allows work commencement from October 1 of that year and a set application time that is already closed in 2013 and wont reopen till April 2014. The E-3 visa can be applied for at any time, has a quota that has never been reached and has no filing application fees. The H-1B visa is for 3 years and is renewable once and the E-3 visa is for 2 years but renewable indefinitely. Finally the H-1B allows for much easier transition between employers with the portability provision whereas the E-3 visa is far more lengthy and practically speaking is often better to leave the US and get a whole new E-3 visa for new employer. Ultimately given all this it depends on what you need in your specific case to see what works best.

4. How does the proposed US Immigration Reform in 2013 effect the E-3 Visa?

There is no real change for current E-3 visa for Australians in terms of the visa itself. There is potential side benefit on the Green Card side as documented here, however that does not change the lack of dual intent condition for the E-3 Visa application and the grey area with Permanent Residency. However within the proposed Immigration reform there is proposed new quotas for E-3 visa for Irish and South Korean Citizens.

 

Our E3 Visa Resources:

– E3 Visa General Information
– 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?
– 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
– 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

US Immigration Reform 2013: E-3 Visas for Ireland & South Korea, ESTA for Poland & 8 Month Tourist Visas For Canadians

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In the US Immigration Reform 2013 bill submitted in April to the US Senate, there are actually a few provisions hidden in the fine details of the bill that most people, including me, missed. Essentially these are new special immigration rules specific to certain countries to address supposed inequities in the law as stated by Gang of Eight co-sponsor, Senator Charles Schummer of NY.

The reality of these country specific immigration reforms is that they are the result of heavy lobbying from local ethno-centric interest groups and foreign governments on behalf of their citizens. For example the lobbying effort for an E-3 visa for Irish citizens similar to the E-3 visa for Australian citizens has been going on pretty much since 2005 when the Australian version was introduced and in reality in some form since 1990 when a previous amnesty of sorts (often known as the Morrison visa) when a one-off change gave a visa to over 40,000 Irish citizens in the US.

Current estimates state their are probably 55,000 illegal Irish immigrants in the US but these are rarely mentioned in the press and not considered high priority anywhere in US Government or society for demonization because of the long Irish connection of immigration to the US dating back to the 1800s mainly. Cities like Boston, Chicago and NY are well known for their huge Irish ancestry, large St. Patrick’s Day Parades, identification in law enforcement like the BPD & NYPD and major US figures like President John F. Kennedy.

The four country specific changes proposed in the original version of the bill now being scrutinized particularly on the Republican side of the Senate for Canada, South Korea, Ireland and Poland are;

1. E-3 Visa for Irish citizens with a quota of 10,500 (exactly the same as E-3 Visa currently for Australians)

2. Polish Citizens to no longer need a tourist visa like the B-1 and be on the Visa Waiver list with the ESTA

3. Canadian Citizens over the age of 55 who do no intend to work in US be allowed to stay for up to 240 Days consecutively (up from current 180 day level)

4. E-3 type visa for South Korean citizens with a quote of 5,000 given their similar free-trade agreement with US in 2011 (an original separate bill was proposed earlier with a quota of 15,000)

It will be interesting to see if in whole or part if Immigration Reform passes whether these minor parts of the legislation are allowed to stand.

Cj