E-3 Visas

E-3 Australian professionals may come to the U.S. under the terms of a recent trade agreement with Australia, to perform work in a professional specialty occupation, i.e. a job for which a related bachelor’s degree is the normal minimum for entry-level employment, for which they have the appropriate educational credentials.

The U.S. employer must offer to pay the prevailing wage for the job, and must file a Labor Condition Application with the Department of Labor to affirm the wage offer. E-3 visas are granted for a period of two years, renewable in two year increments, but the worker has an ongoing obligation to
demonstrate non-immigrant intent. Like the other E visas, no petition to USCIS is required, but if a worker does seek to extend stay or change jobs via a petition by the US employer, certain procedural perks common to other temporary visas are unavailable to E-3s, such as Premium processing, and continued work authorization based on a timely-filed extension. For this reason, travel and application for a new E-3 visa at a U.S. Embassy abroad is often more expeditious.

Looking for an E-3 visa attorney in NYC? Contact Karin Wolman today!

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