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What’s an E-3 visa? September 14, 2006

Posted by dsheen88 in Employment-Based Immigration, MyComments, Tips.
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The E-3 is a new visa category only for Australians going to the U.S. to work temporarily in a specialty occupation.  E-3 status provides for entry on a non-permanent basis into the United States. Similar to E-1 and E-2 visa applicants, the E-3 must satisfy the consular officer that s/he intends to depart upon termination of status.

To qualify for an E-3 visa, an applicant must demonstrate the following:

1. The applicant must have a legitimate offer of employment in the United States

2. The position he or she is coming to fill qualifies as “specialty occupation” employment

3. The applicant is an Australian citizen

4. The applicant has the necessary academic or other qualifying credentials

5. His or her stay will be temporary
6. If required before the alien may commence employment in the specialty occupation, that he or she has the necessary license or other official permission to practice in the specialty occupation.

An approved Labor Condition Application is required and no more than 10,500 E-3 visas can be issued per year.

The new E-3 visa classification currently applies only to nationals of Australia as well as their spouses and children. E-3 principal applicants must be going to the United States solely to work in a specialty occupation. The spouse and children need not be Australian citizens.

E-3 spouses are entitled to work in the United States and may apply for an Employment Authorization Document (Form I-765) through U.S. Citizenship and Immigration Service (U.S.C.I.S.). The spouse of a qualified E nonimmigrant may, upon admission to the United States, apply with the Department of Homeland Security for an employment authorization document, which an employer could use to verify the spouse’s employment eligibility. Such spousal employment may be in a position other than a specialty occupation.

E-3 applicants are admitted for a two-year period renewable indefinitely, provided the alien is able to demonstrate that he/she does not intend to remain or work permanently in the United States.

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