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E-3 Visa Attorney in New Jersey

Obtaining a Visa for Australians

This employment visa is specifically for Australian nationals who wish to work in a specialized occupation in the United States. It began in 2005 when President Bush signed a bill authorizing this visa. A specialty occupation means an occupation that requires the theoretical and practical application of a body of highly specialized knowledge, and attainment of a Bachelor's or higher degree in the specific specialty as a minimum for entry into the occupation. An Australian BA degree and work experience may be acceptable to equate to a US Bachlors degree.

Requirements for an E-3 Visa

The E-3 Visa requires that the applicant possess an equivalent of a U.S. bachelor's degree in a field of study that is needed by a US employer. In some situations work prior work experience will satisfy the educational requirement. Once the visa is approved, you will be entitled to work authorization under the E-3 visa. Your spouse can also work if a application is submitted to USCIS. Children under the age of 21 are entitled to the E-3 classification but it does not authorize them to work.

The E-3 Visa can be extended for two year periods an unlimited number of times with some exceptions. Extensions can be filed from within the US or at consulates abroad in the event of travel. Due to significant processing delays we recommend travel. If you wish to change jobs while in the United States, your new employer must submit a new Labor Condition Application and a new E-3 Visa application. This can be done from within the U.S. but the gap in employment cannot be more than 10 days, this applies to extensions as well. Therefore extension requests to be filed from within the US must be filed with sufficient time to allow for processing delays. Most people chose to change or extend from Consulates abroad as the wait times are significantly less. There is an annual cap of 10,500 visas per year but the caps have never been reached.

In May of 2014, the USCIS issued a proposed rule change. These changes would establish E-3 visa holders as being eligible to work in the United States upon entering the country, and also that employers may file an extension petition on their behalf. These visa holders may also benefit from the 240 day rule, which authorizes an individual's continued employment for up to 240 days after the current work authorization period expires, provided that the employer files an extension of stay petition.

As an experienced New Jersey immigration lawyer, I can assist you with any E-3 visa issues inside or outside of the US. Contact me today to discuss further.

Get Immigration Assistance Today - Call 800-909-8129

When looking to obtain an E-3 visa for the United States, The Law Offices of Lloyd E. Bennett, Esq., P.C. have the skill and knowledge needed in order to properly prepare your application for approval by the USCIS. Our office has helped thousands of people obtain visas since 1987 and has the immigration law experience to help you. Please contact us today for assistance.