Tag Archives: e3

How To Get Your E3 Visa Indirectly via the F-1 visa

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Judging by the recent comments I am receiving and the regular emails from readers interested in the E-3 visa, the struggle most people are facing, particularly in the economy is finding jobs where employers will sponsor your E-3 visa.

With the above 2 links I have given a lot of background information to the E-3 visa beyond what official and other sites may tell you as well as great tips to finding a job.

Now today I think I will go into one of 2 indirect ways to get your E-3 visa (I will discuss the other in a suture post);

  1. via F-1 visa
  2. via J-1 visa

The F-1 Visa:
This visa is a full time student visa and used mostly by International students from all over the world to study at US college and universities for their undergraduate, masters/graduate and/or PHD programs. I will cover more on the F-1 visa in future posts including all its benefits and pitfalls, requirements as well as how to apply, etc.

It is very popular and historically has been the main way people from all over the world have been able to transfer from student to the H-1B visa. So in essence it is already used extensively as a stepping stone for Internationals to become full working professionals in the United States.

Of course this is not a cheap option, as outside of outstanding students and those in many PHD programs, chances are you will have to pay for your education in full. As you may be aware, college tuition fees in the US are not cheap.

Well short of having a source of funds to be able to attend one of the prestigious universities in the US like the Ivy League Group including Harvard or Yale, you can attend state universities where the tuition is much lower (although still probably expensive by global standards).

The tuition at state universities is subsidized by the Government and is even lower for residents of that state (normally you have to live in a state for 1 year to qualify for this so after a year of study your fees may even go down depending on the regulations of that state and university regarding foreign students).

The fees are generally charged by the amount of credits each subjects gives you and of course you need a certain amount. Without going into too much detail about this in this post, you are looking at up to $5,000 per semester for undergraduates but this depends on a large amount of factors and could vary. Here is a link from Sallie Mae to help you estimate costs. Of course Masters programs can be more but is generally only half the length of a undergraduate degree (2 years vs. 4 years)

Now it is very difficult for International students to get loans in the US, however Sallie Mae does have a program called Tuition Pay allowing to break up payments evenly over the months of a semester.

After all that what the F-1 visa does give you is the ability to do 4 things which greatly enhance your chances of finding an employer to sponsor your E-3 visa easily.

  1. CPT – Curricullum Practical Training which allows you to work for credits to your degree (don’t do more than 12 months as it makes you ineligible for OPT)
  2. OPT – Occupational Practical Training which is 1 year for undergraduates and now possibly up to 2 years for Masters or Higher Degree Holders to work at a US company. This is usually done by a student following graduation
  3. Network via University, Alumni and Above Work Training Programs – The contacts you meet will be invaluable probably for the rest of your life and you will have so much help, support and advantage compared to the average E3 visa hopeful
  4. Time – This may be the most important advantage as say you do a 4 year degree in the US or even transfer here for a part of your degree, you have so much time to do practical things like apply for jobs, build resumes and attend job interviews.

Finally I will give you the 2 final links that will help ensure you get your E3 visa and that is;
– How to explain the E-3 visa to an employer
– How To Change from an F-1 visa to an E-3 visa while in the US

I hope this gives you another option in your quest to obtain your E3 visa and begin your new life working and living in the US.

CJ

How To Apply For A Green Card under EB-3 & EB-2 Category (most common for H-1B and E-3 visa holders)

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If you are currently on an H-1B visa or E-3 visa and curious about what you have to do to get permanent residency (aka a Green Card) then we will try and document the process here for you.

If you are interested in the issues surrounding whether or not you are able to do it and what other visas can transfer to a Green Card, read the specific Green Card and visa posts as they discuss that in more detail. This post is designed to be strictly about the process.

Firstly let us show you the Green Card. The most thing to note is that it is not actually green and it is a plastic card issued to you by the USCIS.

You can read more in the Green Card information post about the EB-2 and EB-3 category of green cards. Essentially EB stands for employment based as this version of permanent residency requires the employer to file.

The EB-2 category is for Post Graduate degree holders like a Masters Degree or Bachelor Degree holders with 5+ years experience in the chosen specialty.

The EB-3 category is for Bachelor degree holders or those with enough work experience in the relevant specialty which was enough probably in the first place to get them their H-1B or E-3 visa without a Bachelors degree.

THE GREEN CARD PROCESS

Step 1: Labor Certification

Application  using Form ETA-750 submission via your employer to the Department of Labor.

During this Labor Certification procedure, your employer has to prove to the Department of Labor they were could not find a suitable person for the specific role you are in within the US. They will have to advertise for your position, and sometimes do interviews and other recruiting procedures to prove this under the DOL guidelines.

After this your employer can file an application with the DOL explaning they were unable to find both a suitably qualified and experienced candidate. As a result they wish to sponsor you for permanent residency as you have the relevant expertise.

This process can take many months to years to complete.

The cost of this process with the advertising of the role can obviously range greatly but a rough conservative figure may be $1,000 but if can differ greatly state by state and also with the different DOL offices.

Step 2: I-140 to USCIS & Adjustment of Status ( I-485)
These two can be filed in parallel but form I-485 wont be approved until after you I-140 is accepted
At this time you can also file for EAD ( Employment Authorization Document) and AP ( Advance Parol or Travel Document) , once you file for 485, you will be required to do fingerprinting.

Once your Labor Certificate is approved, your employer will file a Form I-140 -(know as Petition for Immigrant Worker) – on your behalf.

Employer should demonstrate that the company is in a good financial position to capable of paying the salary advertised for the job. For this purpose employer’s financial financial statement and corporate income tax return documents also required.

Also at this point a National Visa Number issued via the Department of State. The Adjustment of Status can only be filed once your Visa Number is available according to the Visa Bulletin released by the Department of State each month.

The applicant is given is granted against per year Quota/per country/per category. So people from China, India and Mexico and those from those countries with just Bachelor Degrees tend to have very long waits into many years before they can complete the process.

Another restriction at this stage is that a person applying for a green card needs to stick with the company, through which his/her green card is getting processed, till he gets his Green card. Otherwise he loses the process, and needs to apply for a fresh application from the beginning.

Spouse/Dependent applications can only be filed once the I-140 is approved for primary applicant.

The I-140 processing fee is constantly changing but is currently $500 for regular and $1,000 for premium processing.
The I-485 fee is $930 (includes work authorization EAD and Advnace Patrol Travel if filed at same time otherwise EAD is $340 and Advance Patrol is $305)
Additionally a $120 medical assessment paid to approved Doctor is required as well as $80 biometric fee.

It should be noted that these fees are multiplied when dependents like spouses and children under 21 are involved.

Get You Passport Stamp and Green Card

I hope this helps your understanding of the Green Card process. It is fairly complicated and is one of the reasons why lawyers start to become more necessary in these times which is unfortunate as that is an added cost to the employer and immigrant.

CJ