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E-3 Visa Attorney in New Jersey

E-3 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.

Eligibility depends on your ability to fit that “specialized occupation” definition, meaning the following:

  • It requires the theoretical and practical application of a body of highly specialized knowledge;
  • The specialized occupation you are able to fill is needed by a United States employer; and
  • You have the necessary Australian Bachelor’s degree and/or work experience in the occupation.
    • Note: the Australian three (3) year BA degree is no longer deemed equivalent to the U.S. four (4) year degree.

Conditions & Limitations of the E-3 Visa

There are two ways to obtain a E-3 visa. After Department of Labor approval an Australian citizen can apply at the U.S consulate abroad, either in Australian or another country or they can submit a change of status application to the USCIS while in the U.S. in another visa status. Most Australians choose to obtain, change or extend the visa from their Consulates abroad, as the wait times are significantly less. It may only take a few weeks to obtain a visa from a U.S consulate while it could take several months to receive it from USCIS.

E-3 Visa Facts

  • There is an annual cap of 10,500 visas per year, but the caps have never been reached.
  • The visa is a dual-intent visa, which means that visa holders cannot pursue green cards while in E-3 status.
  • A Labor Certification must be submitted and approved by the U.S. Department of Labor before applying.
  • Upon visa approval, the visa holder can enter the U.S. and work for two (2) years.
  • Spouses can enter under the same classification and work along with children under 21 years old (children cannot work).
  • The E-3 Visa can be extended for two-year periods an unlimited number of times with some exceptions.
  • 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 must be approved.
  • Upon loss of job there is a 60-day grace period to change status and obtain a new visa or leave the U.S.
  • New employment cannot start until the visa is approved.
  • Visa extensions will enable continued work while the application is processed.
  • Australian ties must be maintained.
    • Ties can be satisfied by maintaining Australian bank accounts, Australian tax returns, driver’s license, credit cards, voter cards, pension report or asset ownership.

Get Immigration Assistance in New Jersey Today!

When looking to obtain an E-3 visa for the United States, The Law Offices of Lloyd E. Bennett, Esq., P.C. has the skill and knowledge needed in order to properly prepare your application for approval by the USCIS. Founded in 1987, we have since helped over 10,000 entities and individuals with their immigration issues. When clients hire us, we get to work on their cases immediately to provide fast, efficient solutions—allowing us to get their case on the best possible track to achieve their goals.

During an initial consultation, our firm looks at your exhaustive immigration history and your family's history, allowing us to lay out all your options. Our staff will determine if you qualify for an E-3 visa, how to prepare your application, and what we can do in the event that you do not qualify for an E-3 visa.

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.

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Conveniently Located At

4713 Bergenline Avenue
Union City, NJ 07087

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Speak with our attorneys today to talk about your situation and we will walk you through your options.

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Common Questions

  • I am a fiancée of a U.S. citizen living outside the U.S. How can I enter the U.S. to marry?

    Your fiancée must apply for a Fiancée Visa, also known as the K-1 Visa. The visa is for parties who have physically met within the past two years, have an intent to marry, and can document a relationship together. The visa is only for those who are residing abroad and cannot be used if the alien is in the US. The application is filed from within the US and when approved, will be forwarded to the American Consular where the alien fiancée will apply for the visa and be interviewed by an officer - usually about 8-12 months from the date of filing.

  • I live in the U.S. and I am marrying a U.S. citizen. How can I get a green card and become a permanent resident?

    Assuming you have entered the US with a visa or are protected by an old law called 245i, you may be eligible to adjust status to receive a green card from within the US. If you have been illegally present for more than 6 months, you cannot travel until the green card is in hand. Current processing time is about 5-7 months.

  • I live outside the U.S. and I married a U.S citizen. How can I come to the U.S. to live?

    To enter the US after a marriage to a US Citizen, you would go through Consular Processing. Paperwork would be filed in the US and forwarded to the embassy abroad to schedule an interview. The processing time frame from start to finish is between 9-11 months, depending on the embassy abroad. The process is document-intensive and requires careful attention to detail.

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Conferences & Speaking Engagements

Staying Current to Provide Our Clients the Best Protection

Our Founding Attorney Lloyd E. Bennett, Esq. is one of the rare attorneys with as many as 30 plus years of experience in the field who possess the drive to constantly learn more to better advocate for his clients. Immigration law is a field that changes constantly as world politics unfold, new leaders front the United States and immigration processes change. In order to stay on top of this, Attorney Bennett remains an active member of the American Immigration Lawyers Association (AILA) based in Washington D.C. and the New Jersey Chapter of AILA for which he is a former chapter chair. Attorney Bennett constantly attends conferences and presentations which analyze changes in immigration law and procedure to provide the most up to date advice for his clients. He is also a frequent speaker at civic events in New Jersey. His role in the immigration law community keeps his representation on the cutting edge.

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