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AUSTRALIA.ImmigrationLex.com is published by immigration attorneys, and is dedicated to addressing the special needs of the citizens of Australia in U.S. immigration matters, e.g., visas and green cards.

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May the spouses of E-3 visa holders work in the U.S.?

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E-3 spouses are entitled to work in the United States and may apply for an Employment Authorization Document through U.S. Citizenship and Immigration Service (USCIS). The spouse of a qualified E nonimmigrant may, upon admission to the United States, apply with the Department of Homeland Security for an employment authorization document, which an employer could use to verify the spouse's employment eligibility. Note that such spousal employment may be in a position other than a specialty occupation.

What are the requirements for an E-3 visa?

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The requirements for an E-3 visa are as follows:

1. The applicant must have a legitimate offer of employment in the United States.

2. The position the applicant is coming to fill must qualify as specialty occupation employment.

3. The applicant must be an Australian citizen.

4. The applicant must have the necessary academic or other qualifying credentials.

5. The applicant must intend to stay only temporarily in the U.S.

6. If required in the specialty occupation, the applicant must have any necessary license or other official permission to practice in the specialty occupation.

7. The employer must have obtained an approved Labor Condition Application.


Can an E-3 visa holder's Spouse and Children accompany him or her to the U.S.?

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Yes. An E-3 visa holder's Spouse and Children can accompany him or her to the U.S.
The spouse and children need not be Australian citizens.

 

 


How long is an E-3 visa valid?

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The maximum validity period for an E-3 visa is 24-month. In addition, the validity of an E-3 visa can not exceed the validity period of the LCA.


Is there a special fee for E-3 visas?

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No. There is no special fee for an E-3 visa. Instead, E-3 visa applicants are subject to the normal visa application fee.

What is a specialty occupation for E-3 visa purposes?

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A "specialty occupation" for E-3 visa purposes is generally an occupation which requires a bachelor's or higher degree in a specific specialty, such as a teacher, physician, computer programmer, engineer, accountant, etc. The more technical definition of a "specialty occupation" is an occupation which requires:

  1. A theoretical and practical application of a body of specialized knowledge, and
  2. The attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.

Is there a QUOTA applicable to the number of E-3 visas issued each year?

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Yes, there is a maximum of 10,500 E-3 visas issued annually. Spouses and children of principal applicants do not count against the numerical limitations.

Do E-3 visa applicants need to demonstrate a "residence abroad?"

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The E-3 must satisfy the consular officer that s/he intends to depart from the U.S. upon termination of status because E-3 status provides for entry on a non-permanent basis into the US.


Can an E-3 visa be renewed?

Yes. The validity of E-3 visas may be renewed indefinitely (meaning numerous times).

Will YouTube Sponsor H-1B Workers after its acquisition by Google?

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Many foreign programmers, and other professionals, who would like to work for YouTube and Google wonder whether YouTube and Google sponsor individuals for H-1B visas. As you can see from the following chart, Google does indeed sponsor H-1B workers. Therefore, after the acquisition of YouTube by Google, Google will likely continue to sponsor individuals for H-1B visas provided that the H-1B quota, established by the U.S. government, has not run out.

Does an E-3 (for Australians) visa applicant need a license for the specialty occupation?

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An E-3 visa applicant must meet the academic and occupational requirements, including licensure where appropriate, for admission into the United States in a specialty occupation. If the job requires licensure or other official permission to perform the specialty occupation, the applicant must submit proof of the requisite license or permission before the E-3 visa may be granted. In certain cases, where such a license or other official permission is not immediately required to perform the duties described in the visa application, the applicant must show that he or she will obtain such licensure within a reasonable period of time following admission to the United States.

DHS Announces that 24 of the 27 Visa Waiver Program (VWP) countries Have Met e-Passport Requirements

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The Department of Homeland Security (DHS) announced on October 26, 2006 that 24 of the 27 Visa Waiver Program (VWP) countries have met the October 26, 2006 deadline by satisfying the requirement for issuing e-Passports. These requirements mandate that passports contain a contactless chip with the passport holder's biographic information and a biometric identifier (e.g., a digital photograph of the holder). DHS announced in July 2005, that passports issued by VWP countries on or after October 26, 2006, must comply with these requirements in order to be valid for entry into the United States without a visa, i.e., under the visa waiver program.

E-3 Special Australian H-1B

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The E-3 is a new visa category for Australians only who are going to the U.S. to work temporarily in a "specialty occupation".

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