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E3 Visa for the USA
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Business Information
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 McCown & Evans is one of America's leading immigration firms. Through its partnership with Advance, McCown & Evans is a gateway for Australians to access the U.S. *Members receive a US$500 discount off their E3 Visa *Members receive a free screening consultation by telephone
What is the E3 Visa? The E-3 visa is available for Australians who will be employed in a “specialty occupation” in the United States. The E-3 visa must be sponsored by a U.S. employer. What is a specialty occupation? A specialty occupation is a job that typically requires the attainment of a bachelor’s degree, or its equivalent. In other words, the position must be at the professional level and the E-3 visa applicant must have a degree (or equivalent experience) in the field of endeavor.
An Australian citizen in a specialty occupation must meet the general academic and occupational requirements for the position. In addition to the nonimmigrant visa application, the following documentary evidence must be submitted in connection with an application for an E-3 visa:
*Certified Labor Condition Application, filed with the Department of Labor. *Evidence of a U.S. bachelor’s degree in the field or its equivalent. How long does the E-3 Visa last?
E-3 visas are granted for a period of two years and may be extended indefinitely in two year increments as long as the individual meets the E-3 qualifications.
One of the requirements of the E-3 visa is that the visa holder must intend to ultimately depart the U.S. If the individual expresses the intent to remain permanently in the United States, then U.S. Immigration may deny E-3 extensions or even prevent a person from entering the United States in E-3 status. Yes, spouses and children may apply for E-3 (E dependent) visas.
May spouses work?
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). It generally takes about 3 months for USCIS to adjudicate the application. The spouse may not begin work until they receive the EAD card. Dependents are not required to be employed in a specialty occupation. Must my spouse be Australian in order to apply for work authorization?
No, your spouse can be of any nationality to apply for work authorization as an E dependent. In addition, your spouse does not need to meet the bachelor’s degree requirement or have a sponsoring employer.
You may only enter the U.S. under the visa waiver program for short trips (maximum of three months) for business or pleasure. If you have entered under the Visa Waiver Program, you may not work in the United States. You also may not change your status within the United States to E-3 under the Visa Waiver Program.
Is there a cap on E-3 visas?
There is currently an annual limit of 10,500 E-3 visas. E-3 dependents (spouses and children) are not counted toward this annual limit, nor are E-3 extension applications. We do not expect that the annual limit will be reached.
Does my employer need to submit a petition on my behalf to the Department of Homeland Security (DHS)?
The United States-based employer of an E-3 principal is not required to submit a petition to the Department of Homeland Security as a prerequisite for visa issuance. However, the employer must obtain a certified Labor Condition Application (LCA) from the Department of Labor. We will prepare and certify the LCA on the employer’s behalf.
The salary (or salary range) offered to the E-3 worker must be posted at the place of employment. The salary offered must satisfy the Department of Labor’s prevailing wage requirements for the job offered in the geographic location. The employer must keep a public inspection file, which we will help prepare, as part of the requirements associated with the labor condition application (LCA).
Can I work for multiple employers?
No.The E visa is employer specific. It is possible to apply for two part-time E-3 visas in order to work for two different employers.
Can I change employers?
In order to work for a new employer, your new employer must sponsor you for a new E-3 visa.
May I be self-employed under the E-3 visa?
No, you must work for a US employer.
You may make your appointment for an interview at a US Consulate abroad as soon as you have all the documents prepared. It is also possible to apply for a change of status through USCIS if you are in the United States in another valid visa status. However, the foreign national may not begin working in E-3 status until the petition is approved, and the next time he or she travels abroad he or she must apply for the visa at a U.S. consulate abroad. If you are in the United States under the visa waiver program, you may not change status and must apply at a Consulate abroad.
How long does it take to apply?
The wait times at each Consulate vary. Generally, the visa will be issued the day after the appointment (though, again, this varies by Consulate). Applications submitted to USCIS generally take 4-5 months to be approved. At present, there is no Premium Processing (adjudication of the petition within 15 days for an additional $1,000 fee) option available.
May I apply at any Consulate?
Generally, you must apply at the Consulate in your home country or country of residence. It is also possible to apply at Consulates in Canada which accept jurisdiction over third country nationals. Appointments and an in-person interview are required. It is important to plan in advance because appointments at US Consulates, especially in Canada, can be very backlogged.
Can I apply for a green card while in E-3 status?
The immigration law does not specifically allow for dual intent, i.e., the intent to simultaneously pursue E-3 nonimmigrant and immigrant (green card) status. It is not yet clear how USCIS will view applications for green cards by E-3 visa holders. However, a number of alternative visa options may be available to you.
We would be happy to set up a consultation to discuss these options with you.
Contact:
Kelly McCown
Partner & Co-founder
McCown & Evans
+1 415 834 9123
Jeptha Evans
Partner & Co-founder
McCown & Evans
+1 415 834 9123
We will set up a free consultation (by phone or in person) to evaluate your case, discuss timing and the application process, and address any relevant issues.
Advance members receive a US$500 discount off their E3 Visa Application.
After signing our engagement letter, we will provide you with a checklist of required documents and begin preparing your case.
When exactly will I need a work visa? You may travel to the U.S. as a B-1 business visitor under the visa waiver program until you begin “work.” The business vs. work distinction is blurry, but business visitors are usually present for short trips of 2-3 weeks, possess a return ticket, and are paid from outside of the U.S.
What can I do as a business visitor?
As a B-1 business visitor you may: (1) attend meetings/conferences; (2) make sales calls for a foreign employer; (3) receive training that is not “on-the-job”; (4) negotiate contracts; (5) investigate investments; or (6) conduct initial business formation such as obtaining a lease, hiring initial staff, incorporating the business, establishing accounts, meeting investors, etc. You will need a work visa to begin productive activity benefiting a U.S. entity (with or without pay).
If I start a business, will my choice of business entity affect my immigration options? Absolutely. The way you set up your U.S. company will define the options that you have for using your business to sponsor work visas for yourself or others.
Your company must meet the U.S. immigration law definition of a U.S. “employer” to serve as a visa sponsor. For this, you will need to incorporate a legal business entity. You need to obtain a Federal Employer Identification number. Finally, you must conduct business in the U.S.
What is an L-1 visa and how can I form a new business that can sponsor L-1s? L-1 visas are for employees who worked for your company (or a related entity) full-time outside the U.S. for one year within the previous three years. Your U.S. company and your foreign company must have at least 50% shared ownership. The transferred employees must have special knowledge of your product or be managers/executives.
What is an E-2 Visa and how can I form a new business that can sponsor E-2s? Your U.S. company must be at least 50% Australian-owned. The investors must make a “substantial” investment (usually $100,000-$150,000). Sponsored employees must be Australians and have essential skills or be managers or executives.
How do I get a Social Security number? First, you must have a work visa. Then, at least 10 days after entering the U.S. with your work visa, apply in person at a local office of the Social Security Administration. Complete Form SS-5, http://www.socialsecurity.gov/online/ss-5.pdf and submit it along with the following original documents: passport, birth certificate, I-94 card, I-797 approval notice (if applicable), and EAD card (if applicable). Card processing can take anywhere from 2-6 weeks.
How do I establish credit in the U.S. to get a credit card, lease a car, or buy a home? Cross-border data laws often keep foreign credit information from being exported to the U.S. The quickest method to establish your credit history is to open a U.S. bank account and obtain a pre-paid credit card. You can also show your bank a copy of your foreign credit rating/history and evidence of your savings and income. Lenders have wiggle room to make exceptions when it comes to issuing credit cards and making loans. When you look to lease a car, choose the same make that you drove in Australia and have the U.S. dealer contact his Australian counterpart. A work visa allows you to live and work temporarily in the U.S. for a specified U.S. employer, while a green card allows you to live permanently in the U.S. without any restrictions on your employment. If a green card is your ultimate goal, then this is a very important consideration, as it may be difficult or impossible for you to obtain a green card in many categories if you are the owner of the U.S. company. |
ADVANCE USA IMMIGRATION
TEAM  Kelly McCown, Partner and Co-Founder
Kelly McCown is one of fewer than 200 attorneys certified as a specialist in immigration and nationality law by the State Bar of California, and has received the highest possible rating ("AV") for legal ability. Since 2004, Ms. McCown has been honored each year as a "Super Lawyer" by Law & Politics Magazine and was recognized in 2007 as one of the “Top 50 Female Super Lawyers” in Northern California across all legal specialties. In 2008, Ms. McCown was honored by Bay Area Lawyers for Individual Freedom with its Minority Bar Coalition Unity Award.  Jeptha Evans
Partner and Co-Founder
Jeptha Evans has practiced business immigration law since 1994. He specializes in counseling multinational corporations with an emphasis on employment based immigrant and non-immigrant visa applications. Mr. Evans has represented clients in Federal Court, Immigration Court, and Department of Labor audits. In addition, Mr. Evans has practiced extensively in the area of healthcare-based immigration.
Prior to co-founding McCown & Evans LLP, Mr. Evans was a partner at another prominent San Francisco business immigration firm. |
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