E-3 Visa Attorney in New Jersey
Obtaining a Visa for Australians
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 is acceptable for the application.
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 and your spouse will be entitled
to work authorization under the E-3 visa, although the application process
is different. 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. 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.