What is an E-3 employee?
Overview. The E-3 program, enacted on May 11, 2005, applies to employers seeking to hire nonimmigrant aliens from Australia as workers in specialty occupations. The E-3 program is governed by the labor certification standards that apply to H-1B and H-1B1 programs.
What are E-3 requirements?
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. However the U.S. does not recognize De Facto relationships for the purposes of immigration, and to qualify as a spouse you will need a marriage certificate.
What does an employer need to do for an E-3 visa?
Documents Required for an E3 Visa
- Your current valid passport.
- The formal offer of employment from your employer which must be addressed to you, signed on the company’s letterhead, and must include a job description specific to your job role.
- A copy of LCA filed by your employer.
- A printed VisaPoint confirmation.
What is E-3 status?
E-3 visa category: The E-3 visa allows citizens of Australia to work in the United States in specialty occupations (i.e. position must require at least a bachelor’s degree). This visa category is regulated by the United States Citizenship & Immigration Service (USCIS) and the Department of Labor (DOL).
How do I go from E-3 to green card?
One can pursue a marriage green card via the immigrant visa route or an employment based green card. The immigrant visa route ultimately requires the E-3 visa holder at the end of the green card process to attend an immigrant visa interview at a US Consulate abroad in their home country.
Can E-3 lead to green card?
One of the limitations of the E-3 visa is that it does not offer a direct path to US permanent residence or a Green Card. The E-3 visa is temporary and holders are required to leave the country once they no longer meet the visa conditions, such as ending E-3 employment with your sponsor.
Is an E-3 visa a permanent resident?
The E-3 visa is a temporary work visa. You must show that you are only in the United States temporarily. Therefore, you are not a Legal Permanent Resident (LPR) if you have E-3 status or an E-3 visa.
Can E-3 visa bring spouse?
Spouses and children may apply for E-3 Dependent (E-3D) visas. E-3 spouses are entitled to work in the United States with a valid Employment Authorization Document (EAD). Upon admission to the United States in E-3 status, they may apply for an EAD through U.S. Citizenship and Immigration Service (USCIS).
Can a child of an E-3 employee work in the US?
Children of E-3 workers may not be employed in the United States. Your spouse is considered employment authorized incident to status.
How do I qualify for E-3 classification?
To qualify for E-3 classification, you must: 1 Be a national of Australia; 2 Have a legitimate offer of employment in the United States; 3 Have the necessary academic or other qualifying credentials; and 4 Fill a position that qualifies as a specialty occupation. More
Can a spouse of an E-3 Non-immigrant work?
Your spouse is entitled to work authorization, but not your children. To apply for work authorization as a spouse of an E-3 non-immigrant, your spouse would file a Form I-765, Application for Employment Authorization. Upon acceptance of Employment; we will initiate an LCA (Labor Condition Application) with the USDOL for the actual location of work.
What are the requirements for an E-3 visa specialty occupation?
The specialty occupation requires theoretical and practical application of a body of knowledge in professional fields and at least the attainment of a bachelor’s degree, or its equivalent, as a minimum for entry into the occupation in the United States. To qualify for an E-3 visa, you must demonstrate that you: