E-3 Visa
The E-3 visa is a United States visa for which only citizens of Australia are eligible. E-3 visa status is an attractive alternative to H-1B status for Australian citizens because:
- It does not require an I-797 approval from USCIS. You can apply for the E-3 visa with an approved Labor Condition Application (LCA).
- Your spouse is permitted to obtain work authorization in the U.S.
- If you are not eligible for H-1B status, or if you have exhausted the 6-year limit on your H-1B status, you are eligible for E-3 status.
However, you should be aware that extending E-3 status in the U.S. is a cumbersome process, and there is no Premium Processing option. E-3 foreign nationals often travel abroad, obtain a new E-3 visa, and then re-enter the U.S. to extend their visa status.
If you have an E-3 visa, you must work in a specialty occupation. This is defined as requiring a "theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor's or higher degree, or its equivalent, as a minimum requirement."
How to Apply
Your U.S. hospital department will coordinate the E-3 visa sponsorship with you, and act as the liaison with our office regarding any questions you have.
Read More...Once the paperwork has been prepared by our office you will use a copy of your Labor Condition Application (also known as an LCA or Form ETA-9035/9035E) to apply for the E-3 visa at an American embassy or consulate.
Please visit the Embassy/Consulate’s website at www.usembassy.gov in order to review the procedures, schedule an interview, and obtain specific visa application instructions. The Labor Condition Application is the only document you will need from our office to schedule your visa interview at the American Embassy. E-3 visa status is employer-specific for a defined position and a limited period of time.
You may enter the U.S. up to 10 days before the start date noted on the Labor Condition Application and can start working on or after the start date on the Labor Condition Application.
Your Family
Your legally married spouse and your unmarried children under 21 years old are eligible for E-3D visa status. Your spouse and children need not be Australian citizens.
Read More...Your E-3D family members can enter the U.S. with you or enter separately after you are already in the U.S. If they will enter separately after you are in the U.S., you should provide them with a copy of your Labor Condition Application and a recent copy of your U.S. hospital pay statement/paycheck after you have been paid.
Your family should always know your U.S. home address, where you will work, and what type of work you do.
Your spouse is permitted to work in the United States and may apply for an Employment Authorization Document (Form I-765) through U.S. Citizenship and Immigration Service (USCIS) after arriving in the U.S. Your spouse’s employment may be in a position other than a specialty occupation, and may be full time, part time, or casual work. However, children on an E-3D visa are not permitted to work.
LessWages
The Immigration and Nationality Act requires that the hiring of a foreign worker not negatively affect the wages and working conditions of U.S. workers currently employed.
Read More...The U.S. Department of Labor's regulations require that you must be paid at least the “prevailing wage” rate. This means you must receive at least the average wage paid to workers who are doing jobs similar to yours. Factors considered when establishing a prevailing wage include the required job experience, qualifications, education, job responsibility and function, and specialized knowledge required for the job.
The E-3 is an "employer specific" status. This means that you may only be paid by your specific E-3 sponsor, and only according to the terms in each E-3 application. Foreign nationals in E-3 status cannot accept funds from another employer or source other than the employer listed in the E-3 application.
LessWhat to Expect at the Port of Entry
Place your visa documents in your carry-on bag because you will not have access to your checked-in luggage until after you go through U.S. Immigration.
Read More...Be prepared to give the following items to the Immigration Officer when entering the United States:
- Your passport, which should be valid for at least 6 months into the future
- Copy of your Labor Condition Application
- Your job offer letter
- The name and address of the hospital at which you will participate, if requested
After an Immigration Officer reviews the above documentation, the Officer should:
- Place a stamp in your passport as proof of your date of entry to the U.S., the port of entry, visa status, and permitted length of stay
- Enter your electronic “Form I-94 Arrival/Departure” visa information into the government’s database
- Give you a paper "tear sheet" to notify you about how to access a copy of your I-94 visa information (you may need to print this I-94 information to demonstrate your legal visa status)
- Return all of the documentation to you
Please review your I-94 record to confirm that your permitted length of stay is not earlier than the expiration date listed on your Labor Condition Application. If the Immigration officer writes an earlier date on the in your I-94 record, your E-3 visa status will expire on that earlier date even though your Labor Condition Application says a later date.
You should review your I-94 record each time you reenter the U.S. and inform the Immigration officer of any inconsistencies.
Keep your Labor Condition Application and a copy of you I-94 with your passport. Keep copies of your passport and visa documents in a safe place in case your originals are lost or stolen.
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