1. What is a US nonimmigrant visa?

A US nonimmigrant visa is a temporary visa granted to individuals who wish to travel to the United States for a specific purpose, such as tourism, business, education, or employment. Nonimmigrant visas are issued for a specific period of time and the holder must leave the country once their authorized stay has ended. Common types of nonimmigrant visas include B-1/B-2 visitor visas, F-1 student visas, H-1B work visas, and J-1 exchange visitor visas. Nonimmigrant visas do not grant permanent residence in the United States.

2. What types of employment-related visas are available for nonimmigrants in the US?

– B-1 Visa: Business Visa for temporary visitors to the US for business purposes, such as attending conferences, negotiating contracts, or participating in short-term training.
– H-1B Visa: Temporary work visa for specialty occupations that require specialized knowledge and a bachelor’s degree or higher.
– O Visa: For individuals with extraordinary ability in sciences, arts, education, business, or athletics who wish to work temporarily in the US.
– L-1 Visa: Allows multinational companies to transfer employees from their foreign offices to their US offices for temporary employment.
– TN Visa: For citizens of Canada and Mexico who are employed in certain professional occupations under the North American Free Trade Agreement (NAFTA).

3. What is an E3 visa and who is eligible for it?

The E3 visa is a nonimmigrant work visa available to citizens of Australia. It was created in 2005 under the United States-Australia Free Trade Agreement (FTA) for professional workers seeking employment in the United States.

To be eligible for an E3 visa, an individual must:

1. Be a citizen of Australia
2. Possess a job offer from a U.S. employer in a specialty occupation
3. Have the necessary academic or other qualifying credentials to perform the duties of the specialty occupation
4. Be coming to the U.S. solely to work in a specialty occupation that requires at least a bachelor’s degree or its equivalent in a specific field related to the job
5. Meet any licensing or other requirements for the specific occupation.
6. Intend to depart the U.S. upon completion of their authorized stay.

Spouses and unmarried children under 21 years of age are also eligible for derivative E3 visas, which allow them to accompany the E3 visa holder to the U.S. and work while in the country.

4. How do I apply for an E3 visa?

To apply for an E3 visa, follow these steps:

1. Find a job offer: The first step in applying for an E3 visa is to find a job offer from a U.S. employer that meets the requirements for the visa.

2. Apply for Labor Condition Application (LCA): The employer must fill out and submit an electronic LCA form to the Department of Labor’s Office of Foreign Labor Certification.

3. Obtain certified LCA: Once the LCA is certified, your employer will receive a certified version via email.

4. Complete Form DS-160: You must complete Form DS-160, Nonimmigrant Visa Application, before scheduling an interview at the U.S. embassy or consulate nearest to your place of residence.

5.Define satisfactory qualifications: You must have satisfactory qualifications in the specialty occupation (a bachelor’s degree or equivalent) required by your prospective position.

6. Schedule and attend interview: Schedule your E3 visa interview at the U.S. embassy or consulate in your home country. Be sure to bring all necessary documents and fees for the interview.

7. Submit required documents: Upon completion of your interview, you will be required to submit additional documentation such as passport, visa application fee receipt, photo and other specific documentation listed on the website of your local U.S. embassy or consulate.

8.Receive decision on E3 visa application: After all paperwork has been completed and submitted has all been submitted correctly; you may need to wait several weeks or more while USCIS reviews it.

9.Travel With Your Passport & Pack Proof Of Finances: If you are approved for an E3 visa make sure not only do you pack some warm clothes depending on what time of year you will be moving but also bring proof that you have enough money to sustain yourself during their entire stay in America.

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5. Is there a limit on the number of E3 visas issued each year?

Yes, there is a limit on the number of E3 visas issued each year. The annual cap for E3 visas is currently set at 10,500. This limit does not include spouses or dependents of E3 visa holders. However, if the cap is not reached in a given year, unused visas may be rolled over to the following fiscal year.

6. Can I apply for an E3 visa if I am already in the US on another visa?

Yes, as long as you meet the requirements for an E3 visa and have a job offer from a qualifying employer, you can apply for an E3 visa while in the US on another visa. However, you may be required to depart the US and apply for the E3 visa at a consular post abroad. It is recommended to consult with an immigration attorney to determine your eligibility and the best course of action for obtaining an E3 visa while in the US on another visa.

7. How long can I stay in the US on an E3 visa?

The length of stay on an E3 visa is initially granted for a period of up to 2 years. However, it can be renewed indefinitely in increments of up to 2 years as long as the E3 requirements continue to be met.

8. Can I bring my family members with me on an E3 visa?

Yes, family members of E3 visa holders may apply for dependent visas. Spouses and unmarried children under the age of 21 are eligible to apply for an E3D visa. They will be allowed to live and work in the United States for the same period as the primary E3 visa holder.

9. Do I need to have a job offer to apply for an E3 visa?

Yes, in order to apply for an E3 visa, you must have a job offer from a U.S. employer who is willing to sponsor your visa. The job offer should be for a specialty occupation that requires at least a bachelor’s degree or its equivalent. You will also need to meet all other eligibility criteria and provide all necessary documentation.

10. Do I need a Labor Condition Application (LCA. for an E3 visa?

Yes, an approved Labor Condition Application (LCA) is a required part of the E3 visa application process. The LCA is submitted to the U.S. Department of Labor and certifies that the hiring of a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers. It also outlines the terms and conditions of employment for the E3 visa holder, including job duties, salary, and other benefits. The prospective employer must obtain an approved LCA before submitting the E3 visa application to U.S. Citizenship and Immigration Services (USCIS).

11. Is there a minimum salary requirement for an E3 visa?

Yes, the minimum salary requirement for an E3 visa is the prevailing wage for the position in the specific geographic area where the company is located. This means that the employer must pay the E3 employee at least the same salary that they would pay a U.S. worker in a similar job in that area.

12. Can I change employers while on an E3 visa?

Yes, you can change employers while on an E3 visa as long as the new employer is also willing to sponsor you for the visa. However, you will need to obtain a new Labor Condition Application (LCA) and submit a new Form I-129 with the updated employment information to USCIS. Additionally, you may also need to apply for a new E3 visa at a U.S. consulate if your current visa is tied to your previous employer.

13. Can my spouse work in the US while accompanying me on an E3 visa?

Yes, your spouse can apply for an employment authorization document (EAD) to work in the US while accompanying you on an E3 visa. However, their employment must be incidental to your primary purpose of working in the US.

14. Can my children attend school while accompanying me on an E3 visa?

Yes, your children may attend school while accompanying you on an E3 visa.

15. Are there any restrictions on the type of work allowed with an E3 visa?

Yes, an E3 visa is specifically for “specialty occupation” work. This means that the job must require a bachelor’s degree or higher in a specific field of study. Additionally, the job must be in a professional capacity within that field. Other restrictions may vary depending on the specific circumstances and regulations of each individual case. It is important to consult with an immigration attorney for guidance on specific employment restrictions related to your E3 visa.

16. How long does it take to process an E3 visa application?

Processing times for E3 visas can vary, but in general it takes 2-4 weeks for the application to be processed by the USCIS. Additional processing time may be required if additional documents or information are requested, or if there is a high volume of applications being processed at the time. It is always best to apply as early as possible to allow for enough processing time.

17. Do I need to have a bachelor’s degree to be eligible for an E3 visa?

Yes, a bachelor’s degree is one of the requirements for eligibility for an E3 visa. Specifically, the applicant must hold a bachelor’s degree or equivalent in a specialty occupation related to their intended job in the US. However, there are certain exemptions and alternative criteria that may apply for those who do not hold a bachelor’s degree. It is important to consult with an immigration attorney for specific guidance on E3 visa eligibility and requirements.

18. Can I apply for permanent residency (green card. while on an E-2 status?

Yes, it is possible to apply for permanent residency (green card) while on an E-2 status. However, the E-2 visa does not lead directly to a green card and simply having the E-2 visa does not guarantee approval for a green card. You will need to meet the eligibility requirements and go through the application process for a green card separately. Additionally, maintaining your E-2 status during this process is important in order to avoid any issues with your immigration status.

19.Can my employer extend my stay on an E-2 or do I need to reapply every two years?

Your employer can extend your stay on an E-2 visa as long as you continue to meet the eligibility requirements. You will need to file a request for extension with U.S. Citizenship and Immigration Services (USCIS) before your current status expires. However, if you change employers, you will need to reapply for an E-2 visa with your new employer.

20.What happens if my job position terminates while I am in the US on an E-2 status?

If your job position terminates while you are in the US on an E-2 status, you will no longer be eligible for E-2 status and must leave the country. However, you may be able to apply for a change of status to another nonimmigrant category or obtain a new employer to sponsor your E-2 visa. It is important to consult with an immigration attorney for guidance on your specific situation.