1. What is E-3 Visa and E-3 EAD?
An E-3 Visa is a special nonimmigrant visa category for Australian citizens coming to work in the U.S. in a “Specialty Occupation”*. It allows individuals to work and live in the U.S. for up to a two-year period, which may be renewed indefinitely.
An E-3 EAD is an Employment Authorization Document (EAD) available to Australians with an E-3 visa. This document is issued by the United States Citizenship and Immigration Services (USCIS). It allows the holder to work legally in the United States for a specific period of time. The E-3 EAD is valid for two years, but may be renewed.
2. What are the eligibility requirements for applying for an E-3 visa?
The eligibility requirements for applying for an E-3 visa are as follows:
1. The applicant must be a citizen of Australia.
2. The applicant must be coming to the United States solely to perform services in a specialty occupation.
3. The applicant must have a legitimate offer of employment in the United States.
4. The employer must have filed a Labor Condition Application (LCA) with the Department of Labor.
5. The applicant must possess the necessary academic or other qualifying credentials required for the position.
6. The applicant must possess the necessary skills and experience required for the position.
3. What is the difference between an E-3 Visa and an H-1B Visa?
The E-3 Visa is a type of visa primarily used by Australian citizens who wish to work in the United States. It is a two year renewable visa specifically for professionals in specialty occupations. The H-1B Visa is a type of visa that allows companies in the United States to employ foreign workers in specialty occupations that require theoretical or technical expertise. The H-1B visa has an initial duration of three years, and can be extended for an additional three years.
4. How long can I stay in the U.S. with an E-3 Visa?
An E-3 visa is a two-year, renewable visa that allows its holder to work in the U.S. for up to two years at a time. It can be renewed for an indefinite amount of time as long as the individual remains employed and meets the requirements of the visa.
5. Can I bring my family to the U.S. with an E-3 Visa?
No. The E-3 Visa is only for the employee and does not allow family members to accompany them. Spouses and children may be eligible to apply for an E-3D visa, which allows them to live and work in the U.S. while the employee is on an E-3 visa.
6. How do I apply for an E-3 Visa?
In order to apply for an E-3 Visa, you must first determine your eligibility. You must be a citizen of Australia and have an offer of employment from a US employer in an eligible specialty occupation.
Once you have determined that you are eligible for the E-3 Visa, you must complete the Form DS-160 online nonimmigrant visa application and submit it to the U.S. embassy or consulate in your home country. You will also need to schedule an interview with the consulate or embassy, provide evidence of your qualifications for the occupation, and provide additional required documents.
7. What documents do I need to submit with my E-3 visa application?
You will need to submit the following documents with your E-3 visa application:
1. Un pasaporte válido
2. Formulario DS-160, Solicitud Electrónica de Visa de No Inmigrante
3. Two (2) 2×2 passport photographs
4. Proof of employer-employee relationship such as a copy of your most recent pay stubs
5. A copy of your job offer letter or contract
6. Evidence of a valid Labor Condition Application (LCA)
7. Proof of your specialty occupation or credentials
8. Evidence of your qualifications, such as transcripts, diplomas, licenses, or certifications
9. Evidence of intent to depart the United States upon completion of E-3 stay
10. Payment of the visa application fee.
8. What is USCIS Premium Processing for E-3 EAD?
USCIS Premium Processing for E-3 EAD is an expedited processing option for E-3 employment authorization applications (EADs). It guarantees a fifteen-day processing time for the I-765 application. If the application is not adjudicated within fifteen days, USCIS refunds the premium processing fee and continues to process the application in the standard timeframe.
9. How do I know if I am eligible for USCIS Premium Processing for E-3 EAD?
The Premium Processing Service for E-3 applications is only available to certain individuals who have already been approved for E-3 status and are applying for an Employment Authorization Document (EAD). To be eligible for the service, the individual must have an approved E-3 petition and be the principal beneficiary of the petition. Individuals with approved E-3 petitions who are applying for a dependent EAD are not eligible for Premium Processing.
10. How much does USCIS Premium Processing for E-3 EAD cost?
The premium processing fee for the E-3 EAD is $1,440.
11. What are the benefits of using USCIS Premium Processing for E-3 EAD?
The benefits of using USCIS Premium Processing for E-3 EAD include: faster processing times (15 calendar days instead of the standard 3-4 months), improved customer service and easy-to-use online tools, and access to an experienced team of immigration professionals who can help answer questions and provide guidance. It also helps expedite the process in cases of urgent travel or job start dates. Using Premium Processing provides peace of mind by ensuring that your application is being handled quickly and competently, so that you can focus on other aspects of your job search or relocation to the US.
12. How long does it take to receive a response after submitting an application for USCIS Premium Processing for E-3 EAD?
It typically takes 15 calendar days for USCIS to respond to a Premium Processing request for an E-3 EAD application.
13. Are there any special requirements that must be met in order to be approved for USCIS Premium Processing for E-3 EAD?
Yes, in order to be approved for USCIS Premium Processing for E-3 EAD, the following requirements must be met:
1. The employer must be a U.S. employer and the position must be an approved specialty occupation;
2. The applicant must have a valid passport from Australia;
3. The applicant must have a valid E-3 visa stamp;
4. The applicant must provide evidence that he/she meets the qualifications for the specialty occupation from their foreign country;
5. The applicant must provide evidence of their status as an Australian citizen;
6. The applicant must provide a detailed explanation of the duties of their E-3 position;
7. The applicant must provide evidence of their past experience and training in the specialty occupation, if applicable;
8. The applicant must provide evidence that they have the necessary academic qualifications for the position; and
9. The employer must provide evidence that they are able to pay the prevailing wage for the position.
14. How can I check the status of my application for USCIS Premium Processing for E-3 EAD?
You can check the status of your application for USCIS Premium Processing for E-3 EAD by logging in to your USCIS account and navigating to the “My Cases” page. On this page, you can view the status of your application, as well as any correspondence or requests for additional information from USCIS. You may also contact the USCIS Contact Center at 1-800-375-5283 for assistance.
15. How do I renew my USCIS Premium Processing for E-3 EAD application if it has expired?
If your USCIS Premium Processing for E-3 EAD application has expired, you will need to submit a new I-907 form, along with the applicable filing fee, to request an extension of USCIS Premium Processing for your E-3 EAD application. You must include evidence that you have submitted an application for an extension of stay or change of status or evidence that your current status has been extended.
16. What are the consequences if my USCIS Premium Processing for E-3 EAD application is rejected or denied?
If your USCIS Premium Processing for E-3 EAD application is rejected or denied, you will be required to submit a new application and pay the applicable filing fee. You may also face delays in obtaining a decision from USCIS, depending on the processing times for the regular processing of your application. Additionally, you may need to explain the reasons for the rejection or denial to the Department of Homeland Security (DHS) or other U.S. government agencies.
17. Are there any advantages to having a valid work visa before applying for USCIS Premium Processing for E-3 EAD?
Yes, there are a few advantages to having a valid work visa before applying for USCIS Premium Processing for E-3 EAD. First, the applicant will be able to start working in the US sooner, since the period of time between when the application is submitted and when it is approved will be shortened. Second, applicants may be able to receive a quicker response from USCIS regarding their application. Finally, having a valid work visa may make it easier for the applicant to obtain an E-3 EAD since they will be able to demonstrate to USCIS that they are legally authorized to work in the US.
18. Can I transfer my existing work visa to the new employer if I am approved for USCIS Premium Processing for E-3 EAD?
No, you will need to apply for a new visa with your new employer. Premium Processing for E-3 EAD only applies to the USCIS adjudication process, and does not affect the visa transfer process.
19. Are there any restrictions on the types of employment I may take on with USCIS Premium Processing for E-3 EAD?
Yes. USCIS Premium Processing for E-3 EAD requires that the employer sponsoring the E-3 visa be a U.S. employer, and that the applicant be hired for a specialty occupation requiring at least a Bachelor’s degree or equivalent. Additionally, the applicant must be eligible for an E-3 visa.
20. What kind of support does USCIS provide when applying for USCIS Premium Processing for E-3 EAD?
USCIS does not provide any specific support when applying for Premium Processing for E-3 EADs. However, the USCIS website does have detailed information regarding the process and requirements for applying for Premium Processing. Additionally, the USCIS Contact Center can provide general assistance related to the application process.