Temporary Non-Immigrant Work Visas
A non-immigrant visa grants you temporary stay in the United States. It is offered to those in business, pursuing educational goals, tourists and many others as shown below. When your visa expires, you must leave the United States unless you have applied for Legal Permanent Residency.
The E-3 visa is reserved for nationals of Australia. In order to qualify, an Australian national must be entering the United States only to work in a specialty occupation. This refers to jobs that require a “theoretical and practical application of a body of highly specialized knowledge.” In addition, an applicant must have at a minimum a bachelor’s degree in the relevant specialty.
How Do I Qualify for an E-3 Visa?
- You must be a national of Australia
- You must have an offer of employment in the United States
- You must have the required academic credentials
- The position qualifies as a specialty occupation
How Do I Apply for an E-3 Visa from within the United States?
In order to apply for an E-3 visa while in the United States to adjust status or as an extension of stay, you must file a Form I-129, Petition for Nonimmigrant Worker.
Along with with the Form I-129, you should include a should include a Labor Condition Application (LCA). The LCA must show that it has been filed to support an E-3 visa.
You must also demonstrate the requisite academic or equivalent credentials.
Included with your Form I-129, you must have a letter from your employer proving that a specialty occupation will be performed by you. The letter must also show that you will be paid according to prevailing wage requirements.
How long may I remain in the U.S. with an E-3 visa?
You may remain in the United States for 2 years. In addition, you may obtain an extension for up to 2 years per extension. There is no maximum number of extensions; however, there are some exceptions.
What About My Family?
Your spouse and unmarried children under the age of 21 years of age may receive a dependent E-3 classification. Work authorizations are available for your spouse by submitting a Form I-765, Application for Employment Authorization.
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