Tag Archives: green card

E-3 Visa Terms Explained in Easy To Understand Language

As with most things that crossover with the law, immigration becomes complex to comprehend due to all the legal technicalities, complex wording, acronyms and lawyer jargon used. So therefore the most complex immigration system in the world of the US and one of its most recent visas, the E3 visa, is a nightmare for most people to navigate through.

So essentially this post is to explain a few of the terms you are bound to hear in relation to the E3 visa as you try and find a way to find an employer to sponsor your E3 visa to begin your life living and working in the US.

TERMS:

E3 visa: Without going in to the whole detail of the E3 visa as you can read about it in my blog post about E3, it was a visa that came into being inT 2005 after the AUSFTA (Australia and United States Free Trade Agreement) negotiated between the Howard Government in Australia and the Bush Administration in the US. It is not actually a part of AUSFTA but came subsequent to it as a direct result of the agreement. It is essentially a visa that allows Australian citizens (and their spouses who don’t have to be citizens of Australia) to work in the US for 2 year rolling periods mainly in professional roles.

Non-Immigrant: This is the status the US puts on all legal immigrants who come to the US in a working, student, etc. capacity who don’t have a green card (i.e. US permanent residency). Therefore if you are on a E3 visa or H1B visa working in the US then you are classified as a non-immigrant.

Dual Intent: This is a condition/benefit of non-immigrant visas in the US that allows a person to pursue more permanent status in the United States (i.e. green card) while on their current non-immigrant visa. The H1B visa is a dual intent visa but the E3 visa does NOT have that benefit. Some visas prohibit the application of permanent residency while on that visa status like the J1 visa.

Now to complicate matters further even though the E3 visa is not Dual Intent, it does allow for application for a Green Card as this regulation states below;

“An application for initial admission, change of status or extension of stay in E-3 classification, however, may not be denied solely on the basis of an approved request for permanent labor certification or a filed or approved immigrant visa preference petition.”

Regardless of the above though you still must prove your ties and your “residence abroad” and your intention to leave the United States at the end of your visa period.

Specialty Occupation: This is a term for the E3 visa (and other visas like H1B) that confuses a lot of people as the nature of the wording around what it is makes it sound highly technical and thus it becomes vague as to who it may apply to;

  1. A theoretical and practical application of a body of specialized knowledge; and
  2. The attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.

Essentially it works like this. The position you are being sponsored for must have a bachelors degree as a minimum requirement for the role even if you don’t hold such a degree. (you can have enough years work experience in that particular field of knowledge to compensate for you lack of degree). This is the reality of a specialty occupation for the E3 visa.

USCIS: Is the United States Customs and Immigration Service which evolved out of the old INS (Immigration and Naturaliztion Service) when the US created the DHS (Department of Homeland Security). Essentially the USCIS is responsible for all things immigration in the US all the way to citizenship, although for the E3 visa the only authorization you need is from the DOL (Department of Labor) which is unlike the H-1B visa which needs the application to also be approved by the USCIS.

I hope this helps clear up some of the terms in the US Immigration system in relation to the E-3 visa 🙂

CJ

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

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