E-3 Visa 2009 Thread
Jun 20th 2009, 12:36 am
#94
Forum Regular
Joined: Dec 2005
Location: Snoqualmie, WA, USA
Posts: 215
Re: E-3 Visa 2009 Thread
everybody seem to forget that E3 is renewable every 2 years indefinately...
the 10 day restriction after job etc also apply to H1B.. its nothing that E3 only has.. E3 rules are better than H1B and no worse than what you get in H1B.
about E3D able to work... COME ON!!! your spouse and children can work.. ask them who dont have this option. its easy said that what if wife dont wana work.. but if ask yourself, wouldnt you love to have that option even when she dont want to.. ask so many H1B holders, who are stung by this rule and most of their H4 spouses have no other option than to be at home or study and spend money..
E3 Quota has never been exhausted, you can enter US anytime you want.. no need to wait till october to enter and start your job etc!!!
and yes you can get GC while on E3 and can get an extension while GC is pending.. so dont start that thread again
Cheers
Wakkas
the 10 day restriction after job etc also apply to H1B.. its nothing that E3 only has.. E3 rules are better than H1B and no worse than what you get in H1B.
about E3D able to work... COME ON!!! your spouse and children can work.. ask them who dont have this option. its easy said that what if wife dont wana work.. but if ask yourself, wouldnt you love to have that option even when she dont want to.. ask so many H1B holders, who are stung by this rule and most of their H4 spouses have no other option than to be at home or study and spend money..
E3 Quota has never been exhausted, you can enter US anytime you want.. no need to wait till october to enter and start your job etc!!!
and yes you can get GC while on E3 and can get an extension while GC is pending.. so dont start that thread again
Cheers
Wakkas
Last edited by Wakkas; Jun 20th 2009 at 12:51 am.
Jun 20th 2009, 4:37 pm
#96
Thread Starter
Joined: Apr 2002
Posts: 35,082
Re: E-3 Visa 2009 Thread
Are you sure, Ian?
I know that restriction is on for L-1s, only the spouse may apply for an EAD.
However, signs point toward E-3D spouse or child being eligible to apply for an EAD.
2. Aliens Who Require an EAD from DHS Authorizing Employment
The following lists nonimmigrants, by alien class of admission, who are authorized to work only with authorization from DHS. Employment authorization for these aliens must be shown on an EAD. For those with an asterisk (*), the principal alien, spouse, and child all have the same classification code. The visa of the dependent may show the name of principal.
E-3* Spouse or child of principal treaty trader in a specialty occupation
I know that restriction is on for L-1s, only the spouse may apply for an EAD.
However, signs point toward E-3D spouse or child being eligible to apply for an EAD.
2. Aliens Who Require an EAD from DHS Authorizing Employment
The following lists nonimmigrants, by alien class of admission, who are authorized to work only with authorization from DHS. Employment authorization for these aliens must be shown on an EAD. For those with an asterisk (*), the principal alien, spouse, and child all have the same classification code. The visa of the dependent may show the name of principal.
E-3* Spouse or child of principal treaty trader in a specialty occupation
Jun 20th 2009, 5:18 pm
#97
Forum Regular
Joined: Dec 2005
Location: Snoqualmie, WA, USA
Posts: 215
Re: E-3 Visa 2009 Thread
Are you sure, Ian?
I know that restriction is on for L-1s, only the spouse may apply for an EAD.
However, signs point toward E-3D spouse or child being eligible to apply for an EAD.
2. Aliens Who Require an EAD from DHS Authorizing Employment
The following lists nonimmigrants, by alien class of admission, who are authorized to work only with authorization from DHS. Employment authorization for these aliens must be shown on an EAD. For those with an asterisk (*), the principal alien, spouse, and child all have the same classification code. The visa of the dependent may show the name of principal.
E-3* Spouse or child of principal treaty trader in a specialty occupation
I know that restriction is on for L-1s, only the spouse may apply for an EAD.
However, signs point toward E-3D spouse or child being eligible to apply for an EAD.
2. Aliens Who Require an EAD from DHS Authorizing Employment
The following lists nonimmigrants, by alien class of admission, who are authorized to work only with authorization from DHS. Employment authorization for these aliens must be shown on an EAD. For those with an asterisk (*), the principal alien, spouse, and child all have the same classification code. The visa of the dependent may show the name of principal.
E-3* Spouse or child of principal treaty trader in a specialty occupation
"The dependent spouse and children (under the age of 21) of an E-3 principal are admitted in E-3D classification.
Under Section 101(a)(15)(E) of the Immigration and Nationality Act, the dependent spouse, but not the child, of an E-3 nonimmigrant may apply for work authorization. As with the spouse of an L visa holder, the law specifically mentions “spouse” and notably does not mention “child” in describing the E-3 holder’s dependents who are eligible."
and on US consulate website, it only mention spouse work under E3D but didnt say anything about child
ref: http://www.philadelphiaimmigrationla...zation_ba.html
Jun 20th 2009, 5:19 pm
#98
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: E-3 Visa 2009 Thread
I read this, but I could be wrong:
"Under Section 101(a)(15)(E) of the Immigration and Nationality Act, the dependent spouse, but not the child, of an E-3 nonimmigrant may apply for work authorization. As with the spouse of an L visa holder, the law specifically mentions “spouse” and notably does not mention “child” in describing the E-3 holder’s dependents who are eligible."
Ian
"Under Section 101(a)(15)(E) of the Immigration and Nationality Act, the dependent spouse, but not the child, of an E-3 nonimmigrant may apply for work authorization. As with the spouse of an L visa holder, the law specifically mentions “spouse” and notably does not mention “child” in describing the E-3 holder’s dependents who are eligible."
Ian
Jun 20th 2009, 10:50 pm
#99
Thread Starter
Joined: Apr 2002
Posts: 35,082
Re: E-3 Visa 2009 Thread
ok, I had to check this after the power came back on (it's getting a little 3rd world out here with the electric lately, thanks for the rate hike PGE!)
My uneducated opinion is: no one ever finished writing the regulations on this!
However, in the absence of anything that actually says that the E-3D children can apply for an EAD, I guess we'll have to default to 'no'.
But, I'll have you know that that cited quote (which I have quoted before myself!) is a bit nonsensical because 101(a)(15)(E) doesn't say anything about employment authorization. It is simply the portion that allows for spouses and dependent children of an E-3 may receive E-3Ds regardless of their citizenship (they don't need to be Australian).
On further reading, I see why he uses that citation, but it's an even longer way around than this post!
INA 101(a)(15)(E):
an alien entitled to enter the United States under and in pursuance of the provisions of a treaty of commerce and navigation between the United States and the foreign state of which he is a national, and the spouse and children of any such alien if accompanying or following to join him: (more)
Since I bothered with looking them all up, may as well post them here for the future.
The SSA POM I meant to cite before is here.
SSA gets this information from USCIS, so it's definitely 2nd hand, but it makes no distinction between 'spouse' and 'child' E-3D. That's where I got the idea that children may be allowed to apply for an EAD.
Almost all official links on the topic of E-3 from DOS go back to the Canberry Embassy page on the topic.
Informally written, the question is only asked specific to spouses and no mention of children at all.
Q: May spouses work?
A: E-3 spouses are entitled to work in the United States and may apply for an Employment Authorization Document (Form I-765) through U.S. Citizenship and Immigration Service (USCIS). The spouse of a qualified E non-immigrant 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. Such spousal employment may be in a position other than a specialty occupation. Please note however that the U.S. does not recognize De Facto relationships or same-sex Civil Partnerships for the purposes of immigration, and to qualify as a spouse you will need a marriage certificate from the Department of Births, Deaths and Marriages.
The USCIS site is very quiet on the topic. Under Immigration Classifications and Visa Categories E-3 still hasn't been added to the categories.
The Final Rule was just published in March 2008 and it doesn't elaborate.
Which nonimmigrant classifications are being added?
Added to the nonimmigrant classification tables are symbols for certain nationals of Australia in a specialty occupation (E3), spouses and children accompanying or following to join E3 principal aliens (E3D), E3 principal aliens who are applying for a new visa when there has been uninterrupted continuity of employment.
We already know that the instructions for I-765 (EAD application) do not mention E-3s at all. E-3 spouses have been advised here to apply 'the same as' an L-2 spouse, I believe (same evidence).
I don't recall what code they have applied under.
So we're left with my final link, the only thing I could turn up discussing the spouse/child issue. It's a memo titled Processing Guidelines for E-3 Australian Specialty Occupation Workers and Employment Authorization for E-3 Dependent Spouses dated December 15 2005.
Please note that although the E-3 classification involves specialty occupation employment, it is a separate classification from the H-1B classification and thus the additional fees described in sections 214(c)(9) and (11) of the INA do not apply to E-3 applicants. Note also that the dependent spouse and children of an E-3 principal may also derive E-3 nonimmigrant status, if otherwise eligible, irrespective of the spouse or children’s nationality. Further, an otherwise eligible dependent spouse of an E-3 principal nonimmigrant may apply for an Employment Authorization Document, irrespective of the dependent spouse’s nationality.
The update to the Adjudicator's Field Manual reads:
Note 2: Notwithstanding AFM Chapter 55.2(d)(2), the dependent spouse of an E-3 nonimmigrant may apply for work authorization. Public Law 107-124 added a new subsection to section 214(e)(6) of the INA which states that in the case of the spouse admitted under section 101(a)(15)(E) of the INA who is accompanying or following to join a principal alien admitted under this section, the Secretary of Homeland Security “shall authorize the alien spouse to engage in employment in the United States and provide the spouse with an ‘employment authorized’ endorsement or other appropriate work permit.” As such, spouses of the principal E-3 aliens are eligible for work authorization.
Specifically, in order to obtain an employment authorization document, the E-3 nonimmigrant dependent spouse must file Form I-765, Application for Employment Authorization, and provide evidence that he or she qualifies as an E-3 spouse and that the nonimmigrant principal is in E-3 principal status. Except as noted below with respect to where to file, requests for work authorization filed by such persons will be processed in a similar manner to the requests from spouses of E-1 and E-2 aliens as outlined in the February 22, 2002 memo entitled “Guidance on Employment Authorization for E and L Nonimmigrant Spouses, and for Determinations on the Requisite Employment Abroad for L Blanket Petitions.”
The Form I-765 must be submitted to the Service Center with jurisdiction over the dependent spouse’s place of residence. However, applications for employment authorization concurrently filed with Form I-129 for E-3 principal aliens can only be filed at the VSC.
Here, they seem to be hitchhiking off the L rules instead of the other E rules.
I'd have to stick with: only E-3D spouses may work, not E-3D children.
My uneducated opinion is: no one ever finished writing the regulations on this!
However, in the absence of anything that actually says that the E-3D children can apply for an EAD, I guess we'll have to default to 'no'.
But, I'll have you know that that cited quote (which I have quoted before myself!) is a bit nonsensical because 101(a)(15)(E) doesn't say anything about employment authorization. It is simply the portion that allows for spouses and dependent children of an E-3 may receive E-3Ds regardless of their citizenship (they don't need to be Australian).
On further reading, I see why he uses that citation, but it's an even longer way around than this post!
INA 101(a)(15)(E):
an alien entitled to enter the United States under and in pursuance of the provisions of a treaty of commerce and navigation between the United States and the foreign state of which he is a national, and the spouse and children of any such alien if accompanying or following to join him: (more)
Since I bothered with looking them all up, may as well post them here for the future.
The SSA POM I meant to cite before is here.
SSA gets this information from USCIS, so it's definitely 2nd hand, but it makes no distinction between 'spouse' and 'child' E-3D. That's where I got the idea that children may be allowed to apply for an EAD.
Almost all official links on the topic of E-3 from DOS go back to the Canberry Embassy page on the topic.
Informally written, the question is only asked specific to spouses and no mention of children at all.
Q: May spouses work?
A: E-3 spouses are entitled to work in the United States and may apply for an Employment Authorization Document (Form I-765) through U.S. Citizenship and Immigration Service (USCIS). The spouse of a qualified E non-immigrant 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. Such spousal employment may be in a position other than a specialty occupation. Please note however that the U.S. does not recognize De Facto relationships or same-sex Civil Partnerships for the purposes of immigration, and to qualify as a spouse you will need a marriage certificate from the Department of Births, Deaths and Marriages.
The USCIS site is very quiet on the topic. Under Immigration Classifications and Visa Categories E-3 still hasn't been added to the categories.
The Final Rule was just published in March 2008 and it doesn't elaborate.
Which nonimmigrant classifications are being added?
Added to the nonimmigrant classification tables are symbols for certain nationals of Australia in a specialty occupation (E3), spouses and children accompanying or following to join E3 principal aliens (E3D), E3 principal aliens who are applying for a new visa when there has been uninterrupted continuity of employment.
We already know that the instructions for I-765 (EAD application) do not mention E-3s at all. E-3 spouses have been advised here to apply 'the same as' an L-2 spouse, I believe (same evidence).
I don't recall what code they have applied under.
So we're left with my final link, the only thing I could turn up discussing the spouse/child issue. It's a memo titled Processing Guidelines for E-3 Australian Specialty Occupation Workers and Employment Authorization for E-3 Dependent Spouses dated December 15 2005.
Please note that although the E-3 classification involves specialty occupation employment, it is a separate classification from the H-1B classification and thus the additional fees described in sections 214(c)(9) and (11) of the INA do not apply to E-3 applicants. Note also that the dependent spouse and children of an E-3 principal may also derive E-3 nonimmigrant status, if otherwise eligible, irrespective of the spouse or children’s nationality. Further, an otherwise eligible dependent spouse of an E-3 principal nonimmigrant may apply for an Employment Authorization Document, irrespective of the dependent spouse’s nationality.
The update to the Adjudicator's Field Manual reads:
Note 2: Notwithstanding AFM Chapter 55.2(d)(2), the dependent spouse of an E-3 nonimmigrant may apply for work authorization. Public Law 107-124 added a new subsection to section 214(e)(6) of the INA which states that in the case of the spouse admitted under section 101(a)(15)(E) of the INA who is accompanying or following to join a principal alien admitted under this section, the Secretary of Homeland Security “shall authorize the alien spouse to engage in employment in the United States and provide the spouse with an ‘employment authorized’ endorsement or other appropriate work permit.” As such, spouses of the principal E-3 aliens are eligible for work authorization.
Specifically, in order to obtain an employment authorization document, the E-3 nonimmigrant dependent spouse must file Form I-765, Application for Employment Authorization, and provide evidence that he or she qualifies as an E-3 spouse and that the nonimmigrant principal is in E-3 principal status. Except as noted below with respect to where to file, requests for work authorization filed by such persons will be processed in a similar manner to the requests from spouses of E-1 and E-2 aliens as outlined in the February 22, 2002 memo entitled “Guidance on Employment Authorization for E and L Nonimmigrant Spouses, and for Determinations on the Requisite Employment Abroad for L Blanket Petitions.”
The Form I-765 must be submitted to the Service Center with jurisdiction over the dependent spouse’s place of residence. However, applications for employment authorization concurrently filed with Form I-129 for E-3 principal aliens can only be filed at the VSC.
Here, they seem to be hitchhiking off the L rules instead of the other E rules.
I'd have to stick with: only E-3D spouses may work, not E-3D children.
Jun 21st 2009, 6:15 am
#102
Just Joined
Joined: Apr 2009
Location: OZ - LA
Posts: 8
Re: E-3 Visa 2009 Thread
Just an update on my original post under E3 eligibility. I was successful in gaining my E3 as a Marketing Manager and have relocated to Sunny CA with my wife and family. 
My work experience and education evaluation was provided by Morningside and the interview went smoothly and exactly as described by previous posters. Special thanks to E3only and augigi for their advice.
My work experience and education evaluation was provided by Morningside and the interview went smoothly and exactly as described by previous posters. Special thanks to E3only and augigi for their advice.
Jun 21st 2009, 8:23 am
#103
BE Forum Addict
Joined: Jul 2008
Location: East Bay Area
Posts: 2,192
Re: E-3 Visa 2009 Thread
Just an update on my original post under E3 eligibility. I was successful in gaining my E3 as a Marketing Manager and have relocated to Sunny CA with my wife and family.
My work experience and education evaluation was provided by Morningside and the interview went smoothly and exactly as described by previous posters. Special thanks to E3only and augigi for their advice.
My work experience and education evaluation was provided by Morningside and the interview went smoothly and exactly as described by previous posters. Special thanks to E3only and augigi for their advice.
Jun 21st 2009, 7:14 pm
#104
Just Joined
Joined: Jun 2009
Posts: 5
Re: E-3 Visa 2009 Thread
Thanks to Ian, OzEcho and others for replying. The reason I want to change is of course the EAD for spouse. EAD is a big benefit, sitting at home on H4 is not fun! Overtime, it takes its toll on people....emotionally and also self confidence, etc
wakas is correct, even H1 has the same 10 day thing like E3. I am not sure how closely the consulate looks at this in this economy - they may take it very seriously or may not?
I don't know if I should take the risk of going to the consulate in this bad economy. So I am going to look into the uscis option even though it may take few months to know the outcome.
If anyone else has been in my situation and was still able to get the E3 in Canada, please let me know. I will keep the forum posted on my case so that it could be useful for others too.
wakas is correct, even H1 has the same 10 day thing like E3. I am not sure how closely the consulate looks at this in this economy - they may take it very seriously or may not?
I don't know if I should take the risk of going to the consulate in this bad economy. So I am going to look into the uscis option even though it may take few months to know the outcome.
If anyone else has been in my situation and was still able to get the E3 in Canada, please let me know. I will keep the forum posted on my case so that it could be useful for others too.
Jun 25th 2009, 2:48 am
#105
Just Joined
Joined: Jun 2009
Posts: 5
Re: E-3 Visa 2009 Thread
Has anyone been able to get a Change of Status to E3 from other type of visas approved by uscis? How long did it take to get if you did this? Anyone with experience, please post. Thanks.