Tag Archives: residence abroad

E3 Visa Process

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We have so much on the E3 visa already at our main info page as well as our E3 Visa FAQ page which contains links to all major E3 visa resources on this site as well as some great tips and information.

So really this topic is already covered via the above resources but given the large amount of search volume from this query to our site more than anything else, along with many comments, we will do a brief post on the E3 visa process itself.

Step 1: Find an Employer willing to sponsor you
This is of course easier said than done but the crux of this is finding a US employer who is willing to hire you and thus sponsor your E3 Visa. The barrier to entry for this is at least less than the H-1B visa which has certain times of year associated to it, a very competitive fixed quota and large costs. However most employers will not hire someone without at least one face to face interview so there could be expense for you to achieve your goal. Note you can’t apply for your E3 visa as a new visa from within the US or transfer to it from the Visa Waiver Program. You can transfer to it from visa like the J1 Internship visa and F1 Student visa.

Step 2: Apply for Jobs At US Companies
I guess this is really interchangeable with Step 1 or indeed a subset of it. Given the important and uniqueness of this act I thought I would devote a paragraph to it. Of course for a foreigner on the other side of the earth to find a job in the US is some kind of effort and certainly requires some forward planning. Many people come to the US on the visas mentioned above like the J1 visa and F1 visa as a stepping stone to working in the US allowing them time to make contacts and attend interviews while under legal status. However many people do indeed do things like apply to jobs from Australia and then fly to the US and attend as many interviews as they can. Some good general tips are to have a US phone number on your application (i.e. via Skype), try and have a US mailing address if possible and mention visa status on their resume in explaining it to a potential employer. Of course from here the job interview and selection process is generally similar to what people may be used too but note that salary negotiations are a much bigger part of the US process and often begin right upfront. Finally ensure you understand the specialty occupation and bachelors degree provision.

Step 3: The Visa Application process
Once an employer has agreed to hire you and sponsor your E3 visa they need to file form ETA-9035(e) with the US Department of Labor. This is so they can received an approved Labor Condition Application (LCA). This is a free filing and can be done online. Essentially on this form includes details on the nature of the job, the nature of the company, a little on the candidate (i.e. you) and the salary. You should note that the salary has to meet the Department standard for the average salary for that type of role in that region of the country. You would take this document, along with an offer letter from the company to your US Consulate Interview for the E3 visa.

Step 4: The US Consulate Interview
From the link referenced above you can see a detailed account of the US Consulate interview for the E-3 visa. You can do this in other countries like Canada, UK, etc. but of course the most common tends to be at a Consulate in Australia. You should take as many supporting documents as possible including bank statements, asset ownership proof, copy of your degrees and any licenses that may be relevant to your role, etc. One of the things you need to demonstrate is the residence abroad condition. This is basically proof to the US that your ties to Australia are strong and that you intend to return home at the conclusion of your E3 visa period. The more prepared you are for this, the easier and quicker and less hassled it tends to be. You should note that you have to prepay the E3 Visa Application Fee at Australia Post prior to your interview.

So that in short is the E3 visa process but like I said read a lot of the other posts for in depth information and tips about particular aspects and how you can best navigate them.

Good Luck,
CJ

E-3 Visa Demonstrate Residence Abroad Condition

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When it comes to the E3 Visa one of the most common questions asked is the ‘demonstrate residence abroad’ condition and specifically why does it exist, how you prove it, how does it apply to the no dual intent provision and finally what are the risk it will affect being approved for US visa sponsorship under the E3 visa.

Why Does it Exist & The Dual Intent Provision

As a quick bit of background, the ‘demonstrate residence abroad’ provision applies to all visas which do not specifically allow for dual intent like the H1B visa. Essentially dual intent as a provision specifically allows for the visa holder so simultaneously pursue Permanent Residency in the US. So visas like the E3 visa as well as the J1 Visa and F1 Visa among others have this same ‘no dual intent’ provision where the applicant when at the US consulate has to demonstrate residence abroad.

Now in saying that while the E3 Visa does not have a dual intent provision like the H1B visa, it also unlike the J1 Visa and F1 visa doesn’t specifically prohibit a person from pursuing permanent residency/green card either. You can read what the exact wording is, in some of the other links about the E3 visa contained in this post.

How Do You Prove It & Risks To You As A E3 Visa Applicant

This is a question with no exact answer and often is dependent on your particular background and ties with the US and also somewhat on how detail orientated a particular consular official may be.

In general it must be said though that Australians on the whole are though of as low risk non-immigrants and visitors to the US in terms of people who are like to overstay their allowed time. This has a lot to do with the fact that Australia is another rich Western country so their applicants are not under the same scrutiny as other countries considered higher risk.

Often many E3 visa applicants report when they visit the US Consulate for their interview that they have not had to show any evidence as proof of demonstrating residence abroad and many others just had to verbally say ‘yes’ they intend to return.

So for example from being involved with hearing people’s E3 visa experiences, the people that tend to have to provide the most evidence to prove this condition include;

– those not born in Australia and may have recently become Australian citizens
– those with few family ties in Australia often because of the experience above
– those who have many close family connections who are residents or citizens in the US
– those who may have overstayed a previous US Visa or Visa Waiver Program
– unusual elements in your past like criminal history, etc.

However when you attend your US visa interview it is always good to have proof on hand just in case they do ask you to show evidence. So the type of information that can be helpful in this regard includes but is not limited too;

– close family ties in Australia (this is often a verbal proof and is easily verified by US consular officials)
– significant asset ownership proof like mortgage document for home, car, business, etc.
– bank statements with account history
– verbal mention of prior US visa visits where you obeyed the conditions of entry
– miscellaneous links  that tie you to Australia that will compel you to return
– citizenship/residence and asset documents you may have for another country that you intend to leave for

As you can see there is no set list but the top 3 to 4 items are the standard ways to prove your ties. The truth is if it is obvious that you have sold up your entire life in Australia and you also fall into the higher risk categories I mentioned earlier you may be asked additional questions or they may decide to investigate your particular case further and not approve your E3 visa on the spot. This is often called administrative processing and on average take 1-3 weeks extra but can extend into months on rare occasions.

Like I said in all likelihood this is not a condition you have to worry about too much but it always pays to be prepared when attending your E3 Visa US Consulate Interview.

Good Luck as always,

CJ