# E3 visa to green card



## Soapsudsue (Oct 10, 2018)

Hi all

I understand that an E3 visa is strictly for temporary workers who do not intend to stay in the country. But just out of interest, if we loved it there and wanted to stay has anyone stepped up from a E3 to green card, and what route did you take? Ie E3 - H1B - Green card? Will they allow a H1B application whilst on a E3?

Any experience appreciated

Thanks


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## Bevdeforges (Nov 16, 2007)

It may be possible to get a change of status from non-immigrant to immigrant (i.e. Green Card), but it usually takes having a sponsor (employer or family). At this point, an E3 visa is renewable indefinitely. But start here to see the requirements for obtaining a Green Card while in the US on a non-immigrant visa: https://www.uscis.gov/greencard/adjustment-of-status
Cheers,
Bev


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## Bellthorpe (Jun 23, 2013)

My wife and I went from E-3 to green card, but we were self-sponsored. No employer involvement. 

Be aware that the success rate is low, and not many employers are interested in this process, when E-3 is so simple.


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## Soapsudsue (Oct 10, 2018)

Bellthorpe said:


> My wife and I went from E-3 to green card, but we were self-sponsored. No employer involvement.
> 
> Be aware that the success rate is low, and not many employers are interested in this process, when E-3 is so simple.


Did you apply for the green card whilst on E3 or did you have another visa in Between? As applying is admitting you want to stay which is against the conditions of the E3 :/


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## Soapsudsue (Oct 10, 2018)

Also, how did you self sponsor? Did you apply as an immigrant investor?

Thanks


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## Soapsudsue (Oct 10, 2018)

Bevdeforges said:


> It may be possible to get a change of status from non-immigrant to immigrant (i.e. Green Card), but it usually takes having a sponsor (employer or family). At this point, an E3 visa is renewable indefinitely. But start here to see the requirements for obtaining a Green Card while in the US on a non-immigrant visa:
> Cheers,
> Bev


That’s great, thank you


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## Bellthorpe (Jun 23, 2013)

Soapsudsue said:


> Did you apply for the green card whilst on E3 or did you have another visa in Between? As applying is admitting you want to stay which is against the conditions of the E3 :/


Directly, whilst in the US on E-3 visas.

It is not against the conditions of your visa to wake up one day and think "I'd like to stay here". But if, for example, you filed for the green card then had to renew your E-3, that visa would be knocked back. 




> Also, how did you self sponsor? Did you apply as an immigrant investor?


Category EB-1, first sub-category.


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## Soapsudsue (Oct 10, 2018)

One more question. It seems that the E3 is the best option for us. We don’t have a Batchelor degree, but my Husband has been in construction for over 20 years and in a managerial role, can we use his experience as the 12 year equivalent? On other threads I have read it doesn’t seem hopeful for tradies. I was hoping with a job offer as site manager and letters of previous experience that would suffice?


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## Bellthorpe (Jun 23, 2013)

Read this: "The job will qualify provided that it requires a minimum of a bachelor’s degree in a specialty occupation. It is not enough that an E-3 applicant holds a particular degree; the job itself must also require a bachelor-level or higher qualification. For example, someone with a degree in Business Studies planning to work as a Personal Assistant would not be eligible for the E-3 unless the job actually required a bachelor-level qualification".

So if the job is a degree-requiring job, then you could present the 20 year experience in that field as being equivalent to a degree. 

If it's not a degree-requiring job, you're out of luck.


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## Soapsudsue (Oct 10, 2018)

Bellthorpe said:


> Read this: "The job will qualify provided that it requires a minimum of a bachelor’s degree in a specialty occupation. It is not enough that an E-3 applicant holds a particular degree; the job itself must also require a bachelor-level or higher qualification. For example, someone with a degree in Business Studies planning to work as a Personal Assistant would not be eligible for the E-3 unless the job actually required a bachelor-level qualification".
> 
> So if the job is a degree-requiring job, then you could present the 20 year experience in that field as being equivalent to a degree.
> 
> If it's not a degree-requiring job, you're out of luck.



Thank you for that, that’s very helpful. So even tho there is a Batchelor degree in construction, if the job he is doing does not need a degree then he doesn’t qualify, have I got the right end of the stick? Where did that quote come from please? I have not seen this in all my searching.
Maybe an E2 Visa maybe a better route if we can raise $100k or more :/ :/


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## Bellthorpe (Jun 23, 2013)

Yes, you understand it correctly. 

I provided a link to the quotation, the text "Read this" is clickable.

Here's another site telling you about E-3 visas: https://www.uscis.gov/working-unite...-specialty-occupation-professionals-australia 

Note the requirement that it be a "specialty" occupation.

This will tell you what a "specialty occupation" is: https://www.uscis.gov/unassigned/faq/what-specialty-occupation

Don't blame me for writing "specialty". It's an American word.


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## ashleo (Aug 24, 2016)

Do E3 visa holders have to go through the same cycle to get a green card as H1B visa holders meaning - 

H1B -> PERM --> I140(Looooooong wait) --> I485(Change of status) --> Green card

or 

E3 people can go directly to --> I485(Change of status) --> Green card.


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## Moulard (Feb 3, 2017)

The E3 visa like all non-immigrant visas do not tolerate immigrant intent.

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

Intent is subjective so submitting an adjustment of status application too soon after entry could be enough on its own to conclude that you had immigrant intent at the time of entry.Which could result in the revocation of your visa.

But a green-card through marriage or employment late in the life of an E3 visa could well be done from within the US because you could argue that your intent at the time was not immigration, but circumstances had changed.

As strange as it might sound, having the intent or desire to pursue a green card from outside of the US is permitted and not considered “immigrant intent” as compared to having the intent to pursue a green card in the US via the adjustment of status route.


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## ashleo (Aug 24, 2016)

Moulard said:


> The E3 visa like all non-immigrant visas do not tolerate immigrant intent.
> 
> This means, that you cannot have the intent to apply for a green card in the US via the adjustment of status route at the time that you are applying for an E-3 visa or visa renewal.
> 
> ...


Thanks mate for the reply. But if someone after spending a couple of years find US a place to settle down and want to apply for GC through change of status, do they need to go through the same process as H1B, and wait for 10-12 years or do they need to directly file I-485 which is a change of status and the final stage of GC processing.


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## Moulard (Feb 3, 2017)

In short, there is no magic shortcut for E visa holders.

Per the instructions... for the I-485...



> Who May Not Be Eligible to Adjust Status?
> 
> If you have A, G, or E non-immigrant status, or an occupation that would entitle you to such status, and as a result hold certain diplomatic rights, privileges, exemptions, and immunities, you are ineligible for adjustment of status unless you submit a waiver of those rights, privileges, exemptions, and immunities.


The only way it would be possible is if your intent changed well after the issuance of the your E visa AND you had an approved petition under a relevant immigrant category (I-130, I-140, I-360, I-526, diversity lottery etc)


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## omsaibaba (Jan 20, 2017)

Moulard said:


> In short, there is no magic shortcut for E visa holders.
> 
> Per the instructions... for the I-485...
> 
> ...



Sorry, I didn't understand this. You mean to say we (E3) will get in the H1 mad queue for GC?


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## Moulard (Feb 3, 2017)

No. The question in this case is whether or not E visa holders get to jump the queue so to speak from a PR perspective.

The answer to that is no. You gain no advantage moving from a non-immigrant visa like one of the E visas to an immigrant visa.


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