Tag Archives: e3 visa

E3 Visa Official US Embassy FAQs

As has recently been pointed out to us by a reader, if you go to the official Australian US Embassy E3 visa FAQ now, they have updated some more relevant questions that people continually have. Now these answers have tended to change a bit over time but as at writing should constitute the most current interpretation and guidelines for the E3 visa and E3 visa applications.

You can see even within the questions below they contradict themselves as to where you can apply for an E3 Visa and do your US Consulate Interview. So no wonder people get confused but just follow as best as you can the advice here and the experiences and guidelines we share and most often you should be OK!

Do I have to find a job in the United States first before applying for an E-3 visa?

  • Yes. You need to have a job offer from a sponsoring employer in the United States before you can apply for the E-3 visa.

Can I go to the United States to find a job and then apply for the E-3 visa from there?

  • In advance of applying for an E3 visa you may travel to the United States to search for a job or attend an interview. However, you cannot apply for the actual visa from within the United States. All visa applicants must appear at a U.S. Consulate or Embassy abroad to apply, and first time E3 visa applicants will need to apply in Australia.

Can I travel to the United States on the Visa Waiver Program to find a job or attend interviews and then apply for the E-3 visa once I return to Australia?

  • Yes, you can travel on the Visa Waiver Program (VWP) if you meet the requirements (please see our page on the Visa Waiver Program). If you do not meet the VWP requirements, you may be eligible to travel on the B-1/B-2 Combined Visa for Business or Pleasure.You must leave the United States before applying for your E-3 visa.

Can I apply for an E-3 visa from outside Australia?

  • You have the right to apply at any U.S. Embassy or Consulate which processes nonimmigrant visas, but you cannot apply from within the U.S.A list of U.S. Embassies and Consulates worldwide can be found on usembassy.state.gov. A guide to interview wait times and visa processing times worldwide can be found on travel.state.gov. However, please contact the U.S. Consulate or Embassy where you plan to apply to check that they accept applications from non-residents, and for details of how to book an interview and current processing times, as these will vary from post to post. Some posts outside of Australia are not familiar with the E3 visa and may be unfamiliar with adjudication of such visas. They are also unfamiliar with Australian education institutions, and so proving eligibility will be difficult.

Does my employer need to file an I-129 petition with U.S. Citizenship and Immigration Services (USCIS)?

  • No, the employer in the United States is not required to submit a petition to USCIS as a prerequisite for the E3 visa. However, the employer must obtain a Labor Condition Application (LCA), from the department of labor by filing form ETA Form 9035. There is no fee to submit the ETA9035.

How do I apply for an E-3 visa?

  • You may make your appointment for an interview as soon as you have all the documents prepared. You do not need to send your documents in advance, just take them to the interview. There is no specific application form, applicants for all nonimmigrant visas must complete the same standard application form known as the DS-160.If applying in Australia please see our website for further details, and for links to the online visa appointment website Visapoint, and to the DS-160 application form, see our page on how to apply.If applying outside Australia, please find a list of U.S. Consulates and Embassies overseas. A guide to wait times for interviews and visa processing times at all posts worldwide.

How long does it take to apply?

  • The wait times for interview at each Consulate vary, you can check the latest timeframe for interviews in Australia on the Visapoint website whilst making an appointment.In Australia, if an E-3 visa is approved at interview, it is normally issued within 2-3 business days. Visas and passports are returned by mail, so please also allow time for this. Applicants should bring a self-addressed 500g Express Post Platinum envelope to the interview.Please see our website for further details on how to apply in Australia.If applying outside Australia, please see the FAQ above for a link to interview wait times and processing times worldwide. For the LCA processing time, please contact the Department of Labor: www.dol.gov

What requirements and documentary evidence are needed for the application?

  • In addition to the Electronic Visa Application Form DS-160, completed online (http://ceac.state.gov/genniv/) you may need to provide the following documentary evidence with your application for an E-3 Visa:1. An approved Labor Condition Application (LCA), which the U.S. employer obtains from the Department of Labor. You are advised not to book an interview appointment until you have received this form.2. Evidence of academic or other qualifying credentials as required under Immigration and Nationality Act (INA) 214(i)(1), and a job offer letter from the employer.

    3. If your degree and higher-level qualifications are from an Australian institution, you do not usually need to provide certified copies or evidence of their U.S. equivalent, but please bring to your visa interview a copy of any certificates, and if possible, transcripts for the course of study. If your qualification(s) are not from an Australian institution, a certified copy of the foreign degree and evidence that it is equivalent to the required U.S. degree could be used to satisfy the “qualifying credentials” requirement, but you may prefer to wait until your visa interview to confirm whether this is necessary. You should take a copy of any certificates and transcripts to your visa interview, and if it is also necessary to produce certified copies of certificates and evidence of U.S. equivalence, you can send these to the Consulate after the interview, although your visa will not be approved until this is received. Likewise, a certified copy of a U.S. baccalaureate or higher degree, as required by the specialty occupation, would meet the minimum evidentiary standard.

    4. In the absence of an academic or other qualifying credential(s), evidence of education and experience that is equivalent to the required U.S. degree.

    5. A certified copy of any required license or other official permission to practice the occupation in the state of intended employment if so required or, where licensure is not necessary to commence immediately the intended specialty occupation employment upon admission, evidence that the alien will be obtaining the required license within a reasonable time after admission

Good Luck,
CJ

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