Tag Archives: e3 visa

E-3 Visa – How Long Does The Process Take?

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It may be the most common question we get asked here in terms of how long does the E-3 visa process take from beginning to end and then how long do renewals and transfers of employers take. The E-3 visa has many differences to the H-1B visa in this regard, and thus there are parts that are quicker (i.e. when it comes to company getting approval for you to then apply for your visa) and then there are parts that are slower (i.e. when it comes to transferring employers b/c of the explicit lack of the portability provision).

Additionally the method by which you originally came to the US such as the Visa Waiver Program with an ESTA, the B-1 Visa or currently in the US in another capacity on the F-1 Visa for students, OPT status, J-1 Visa for interns, H-1B visa or some other US visa you have the possibility to go the E-3 Visa subsequently

Below we will look at the average timeline of events that you could take into account when the E-3 visa is your route to working in the US;

1. Searching for a Job (unknown but in most cases allowing yourself 3 months would be seen as prudent)

2. Job Offer & Negotiation (you might agree to be hired but to negotiate on salary + bonus, equity if any, severance and any other terms you might see as important  might take 1 week to finalize)

3. Filing ETA-9035(e) with Department of Labor (Once the document is filed electronically it takes about 7-10 days to get approval however any requests for more information can delay that and if your company is a first timer at doing it and/or slow moving legal counsel is involved this process from beginning to end can take around 3-4 weeks)

4 Filing I-129 with USCIS ** Optional (This is only a mandatory step when renewing an E-3 visa within the US, transferring to another employer or transfering to the E-3 visa from another US visa or status within the US.  If you are doing this with normal processing periods and assuming you have no additional requests for information the approval and resulting I-797 will come in 2-3 months. The preparing of this package and getting all the checks signed to file can take some time if done by lawyers and employers and that might add an additional 1-3 weeks before the package is even sent)

5. Applying for E-3 visa at a US Consulate (Depending on which consulate you apply at it can take be immediate up to 2 months to schedule an interview date so important to plan ahead and be aware of where you are applying and the appropriate wait times. After applying assuming you don’t go through Administrative Processing, you will usually receive your passport with visa stamp 2-3 days after your interview)

6. Commencing Work (If you are on a new E-3 visa you can commence work at any time of the year however you can’t enter the US on your E-3 visa more than 10 days prior to your employment period commencing. If you are already in the US under a legal status this does not apply.)

Cj

E-3 Visa Annual Quota & History

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The E-3 visa officially began on October 1, 2005 and a subsequent and separate Act passed by US Congress in 2005 following the AUSFTA (Australia & United States Free Trade Agreement) during that year. The idea behind the E-3 visa was that Australians now had a secondary route to work professionally in the US outside the long standing route of the H-1B visa which is available to all foreign nationals to the US and has an annual cap of 85,000. Given the H-1B visa is global it is of course far more competitive sometimes running out in a matter of days from the opening of application acceptance.

The E-3 visa had a separate annual cap of 10,500 annually (about 12% of the H-1B visa cap which was seen as very generous) and also had many other lucrative differences to the H-1B visa including;

  • Only available to Australian citizens
  • No Employer fees (vs. thousands for the H-1B visa)
  • No need for an application petition to the USCIS (United States Custom & Immigration Service)
  • Ability for a spouse of the E-3 visa holder (regardless of nationality) to also work in the US
  • Ability to apply for the visa at any time of the year (i.e. season is always open)
  • Is for 2 years but renewable indefinitely
At the time many Australians rejoiced thinking that the ability to work in the US suddenly became a whole lot easier. In some ways that was true with Australia now second to probably Canadian citizens via the TN visawith access ease to working in the US. However a fundamental misunderstanding by both the Howard Government and thus Media and General Public as to how the US Immigration system worked ensued and thus a lot of misinformation spread.While the above  advantages are certainly beneficial the mechanics of finding and getting a job, having an employer agree to sponsor, having to do a US consulate interview and otherwise be a party to the US Immigration system (or mess of a system) still remained. Unlike the UK where many more Australian professionals head to work;

  • You have to have an employer and job offer prior to being able to apply for the E-3 Visa
  • You have to go through a US Consulate Interview
  • During that interview you have to demonstrate strong ties to Australia (the E-3 visa is NOT a Green Card)
  • The rate of pay has to equal or more to the average wage for that role in that city where you plan to work
  • The job you apply to has to have a bachelor’s degree as a minimum criteria and be considered a specialty occupation
  • You must either have a relevant bachelor’s degree or enough relevant work experience to equate a US bachelor’s degree to the job to which you are applying
  • You can’t immediately start working once a job offer is made as you need have your E-3 visa approval first
  • It is not easy to transfer to a new job under the E-3 visa

Given all of that the table below shows the amount of used and unused E-3 visas over the last few years

YEAR E3 Visas Issued Unused E-3 Visas
FY2006 1,918 8,582
FY2007 2,572 7,928
FY2008 2,961 7,539
FY2009 2,191 8,309
FY2010 2,175 8,325

As is immediately evident about 75-80% on average of the E-3 visas each US Immigration year have not been used up (if unused they do NOT get added to the following year’s quota). In fact in the last couple of years the E-3 visa numbers have declined significantly although it should be noted that if you compare it to the H-1B visa during those years there was even a very slow takeup of those visas b/c of the Recessions and slow recovery in the US.

Some Australians still opt for the H-1B visa route mainly for a couple of reasons but in the current year and the year of 2005 (immediately prior the E-3 visa going live) this has only number a little over 500 of that 85,000 total (about 0.6% of the global total);

  • H-1B period is for 3 years so requires less renewal
  • H-1B visa allows a portability provision making it easier to switch employers
  • H-1B visa is known as a explicit dual intent visa making it more smooth for Green Card sponsorship and future renewals

Ultimately the E-3 visa is a lucrative option for Australians and with the Irish wanting to get their hands on the E-3 visa, it may become more competitive in the not too distant future. However be under no illusions that it is not an easy ride just a slightly easier ride with greater options than before. We have many resources on here to help you find a job, prepare for a US job interview, create a US style resume, explain the E-3 visa to a prospective employer, what a US Consulate interview is like and much more.

Cj