# Seeking guidance on E3 Visa



## manager1985 (Dec 10, 2013)

Hi All,
I am an Australian citizen considering relocating to the US on an E3 Visa.
At present I am applying for relevant jobs in the US, however, I may need assistance with E3 Visa filling eventually.

Can someone please guide me on below queries:

1. Could you please recommend me for E3 Visa Attorney?
2. What could be the typical cost of the E3 Visa filling service?
3. What is the total processing time for E3 Visa (From file preparation till E3 visa approval)?
4. I am based in Sydney. Which US Embassy in Australia has the least wait time for the appointment?
5. I completed my engineering degree in India. Do I need any degree/credential assessment from the US credential assessment body as part of E3 Visa application?


Thanks.


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## Moulard (Feb 3, 2017)

First Step is to get a US job offer in a field related to your bachelor or higher level qualification. You need to have a job offer from a sponsoring employer in the United States before you can apply for the E-3 visa.

1-2; Anecdotally, I don't think this is really required for the E3 visa; its probably the easiest and quickest of the non-immigrant visas

3-4.Time to get an appointment is here.






U.S. Visas







travel.state.gov





Currently ..Sydney 157 days; Melbourne is 44 days, of course that is likely to change as things open up and return back to normal.

No idea how those figures are calculated. It could be an average, it could be next available.. It could be something else. always best to contact the consulate directly.

I gather it is all pretty quick after the interview a couple of weeks. But then again we live in interesting times at the moment and everything is taking longer than normal.

5. Unlike Australia there is no skills assessment as such. Paraphrasing the visa conditions, An E-3 applicant must meet academic and occupational requirements, including licensure or registration in Australia where appropriate. In certain cases where a U.S. license or other official permission is required to perform the duties described in the visa application, but such permission or license is not available prior to entry into the United States, the applicant must show that he or she will obtain such licensure within a reasonable period of time following admission to the United States.


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## manager1985 (Dec 10, 2013)

Thank you Moulard for your valuable insights. Much appriciated !!
Yes I am also across the fact that Employer sponsorship/job offer is pre-requisite. Not going through the skill assessment will be a great relief since arranging that from India while being in Australia would be little complex.


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## manager1985 (Dec 10, 2013)

Could you please also advise If I can accept a permenant job offer for E3 Visa? 
E3 visa is valid for 2 years with multiple renewal option but If I secure a permenant job offer, will that be violation of E3 Visa requirement of 2 years stay max.? Will that impact my E3 application anyway? Should I come to an arrangement with my employer of 2 years ongoing contract instead? Thanks


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## Moulard (Feb 3, 2017)

Unlike an H-1B visa or L-1 visa, an E-3 visa holder cannot have both nonimmigrant intent and immigrant intent. 

This means that you cannot have the intent, when applying for an E-3 visa or when requesting entry to the US at a port of entry in the E-3 status, to apply for a green card in the US via the adjustment of status route.

By accepting a permanent role, you show that you have the intent to migrate, which in essence makes you ineligible for the E-3 visa, and instead your employer would have to be sponsored for a class of visa that allowed you to reside in the US permanently - which is obviously what would be required to fill a permanent role.

This is all highly subjective, and it is entirely possible to apply with no intent to migrate your intent changes while you are there.

So to cut a long story short, yes, stick to contract terms that comply with the limits of the visa. That may well involve contract and E3 visa renewals and then at some point in the future your employer may choose to sponsor your for an employment based green card and change of status. But at the time you apply for or renew an E3 visa that cannot be your intent.

Its important to understand in this context that while your intent is subjective, submitting an adjustment of status application too soon after entry could be enough for USCIS to conclude that you had immigrant intent at the time of entry. And no, there is no magic cut off that protects you from that

So go in on a fixed term contract with the intent to leave at the end of the contract, and at some point during the contract, or subsequent renewal of the contract (and visa) then your employer can seek to adjust your status.


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## manager1985 (Dec 10, 2013)

Thanks Moulard for the detailed response, that makes sense. This however adds additional complication on my part as applicant and to emloyer's part as sponsor. Generally, the permenant role is the preference. Apart from E3 Visa, Is there any other visa route (such as L1?) I can explore to be eligible for perm role? e.g. start with local office in Australia and then seek transfer to US office? Or seek employment in Canada office (just to be in same time zone as US office and still be in perm role with the organisation)?. FYI - I also had Canada PR but it got expired ealier this month since I never revisited Canada after settling in Australia.


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## Moulard (Feb 3, 2017)

If your employer offers a permanent gig then they can sponsor according but its much longer wait than it is for the E3 and with more hurdles.

The E3 and its preferential treatment was a real boon under the FTA between the US and AUS.

Given your mentioning US and Canadian offices, if you are actually working for the same organisation in Australia then the L visa class might be an approach. L-1 visas are available to employees of an international company with offices in both the United States and abroad to transfer to the US for a short term. The advantage is that the L1 is a dual intent visa I believe which would make it far easier to change status. I know every little about them, but there are others who post occasionally who know more


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## maddy13885 (May 11, 2012)

Hi there,

I am also looking to explore opportunities in the US via E3 visa route. I understand it is employer sponsored so, how do we find and contact employers sponsoring E3 visa? I tried reaching out to a few recruiters who posted jobs in LinkedIn but they either are not considering to sponsor or don't know about E3 visa.

What is the best way to apply for jobs in US?


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## Moulard (Feb 3, 2017)

Many in the US do not know about it. because E3 visa is only available to Australian citizens (a perk of the free trade agreement between Australia and the US)

I would probably focus on the employers who are known to be H1B sponsors and that align with your values and skills (there are lists of them out there) and when you apply make sure that they are aware you are eligible for an E3 visa which means you are not subject to the same caps as H1B applicants.


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