jacrac

Hi Folks,

I'll start by saying I'm glad I happened upon this site. Its been incredibly helpful so far (since I found it 60mins ago).

Quick story to set the scene. I've been working very closely with a company in the US for the last 4 years. They are a software development company that provides software to the banking industry.

A little while ago they approached me about going to work for them. They struggle to find people with development/technical understanding with the domain knowledge (banking industry), both of which I have demonstrated to them for some time.

So, I now have a signed offer in hand and they are currently processing the LCA.

My only concern in the process is the absence of tertiary qualifications. All the reading I have done suggests that for every four years of industry experience equates to one year tertiary study. I have confirmation from my local employers confirming length of service that exceeds 12 years which provides some level of comfort.

I am the only person in Aus that has implemented their software into the australian market from a business and technical (integration) point of view so I feel I meet the "practical application of a body of knowledge". The knowledge of their software coupled with the domain knowledge (12-13 years australia banking industry) should be sufficient right? (Please.....). The intention of the role is to develop the software to further improve their chance of sales to international markets.

So the question is, is there anybody out there who has been approached to work for a US organisation and been successful in applying for an E3 visa (without having tertiary qualification)?

E3only

[QUOTE=jacrac;9353962]Hi Folks,

I'll start by saying I'm glad I happened upon this site. Its been incredibly helpful so far (since I found it 60mins ago).

Quick story to set the scene. I've been working very closely with a company in the US for the last 4 years. They are a software development company that provides software to the banking industry.

A little while ago they approached me about going to work for them. They struggle to find people with development/technical understanding with the domain knowledge (banking industry), both of which I have demonstrated to them for some time.

So, I now have a signed offer in hand and they are currently processing the LCA.

My only concern in the process is the absence of tertiary qualifications. All the reading I have done suggests that for every four years of industry experience equates to one year tertiary study. I have confirmation from my local employers confirming length of service that exceeds 12 years which provides some level of comfort.

I am the only person in Aus that has implemented their software into the australian market from a business and technical (integration) point of view so I feel I meet the "practical application of a body of knowledge". The knowledge of their software coupled with the domain knowledge (12-13 years australia banking industry) should be sufficient right? (Please.....). The intention of the role is to develop the software to further improve their chance of sales to international markets.

So the question is, is there anybody out there who has been approached to work for a US organisation and been successful in applying for an E3 visa (without having tertiary qualification)?[/QUOTE]

I have a degree. I just wanted to pop in and say hello. I think you will be fine. you have done the research and clearly know of the requirements which is good. I am not an expert but I think you will be fine.

jacrac

Is anybody able to confirm or deny, in my situation, if I will require an i-129?

meauxna

Have you read the E-3 description on the Canberra website? It might help with some of your questions.

http://canberra.usembassy.gov/e3visa.html

Q: Do I need a petition by my employer to the Department of Homeland Security (DHS)?

A: No, the employer in the United States is not required to submit a petition to the Department of Homeland Security as a prerequisite for the E3 visa. However, the employer must obtain a Labor Condition Application (LCA), from the department of labor by filing form ETA Form 9035. There is no fee to submit the ETA9035.

augigi

Yes, and they have posted about it, you'll just have to look for the posts. Sounds like you'll be fine.

meauxna

Was reading for something else and thought you E-3ers might like this answer to a FAQ:

9 FAM 41.51 N16.6 Intent to Depart Upon Termination of Status
(CT:VISA-771; 10-03-2005)

a. Temporary entry for treaty aliens in specialty occupations is the same standard used for treaty traders/investors.

b. The alien’s expression of an unequivocal intent to return when the E-3 status ends is normally sufficient, in the absence of specific evidence that the alien’s intent is to the contrary.

c. The applicant must satisfy you that he or she plans to depart the United States upon termination of status; however, he or she does not need to establish intent to proceed to the United States for a specific temporary period of time. Nor does an applicant for an E-3 visa need to have a residence in a foreign country that the applicant does not intend to abandon.

d. The alien may sell his or her residence and move all household effects to the United States.

e. An E-3 applicant may be a beneficiary of an immigrant visa (IV) petition filed on his or her behalf.

lifehouse51

INteresting, I always thought a foreign residence has to be maintained for E-3 visa applicants.

Even more interesting, so does that mean it is fine for E-3 holders to adjust status to permanent residency (Employer or family-based) directly, vs. switching over to H1-B before the process?

meauxna

I think it has always been OK for E-3s to adjust from that status directly. There may be timing of visa number availability or other factors that make people choose the H-1B-first route?

E3only

Interesting.

With the petition, if it goes via EB3 which will involve few E3 renewals - does the above mean there shouldn't be any issues renewing E3 (other things being equal)...

meauxna

It means that it is not predjudicial if the E-3 has an IV petition filed on his/her behalf.


Dudes, I have no crystal ball; it just says what it says. I can't interpret how it's applied in the real world, but that pdf is the Field Manual. Instructions for COs.

E3only

Yup totally appreciate your help...

Sorry what's a IV petition?

meauxna

IV= Immigrant Visa.
IV petition = I-130 (family) or I-140 (employment)

E3only

Thank you...this is a great info/link

augigi

I believe we have posted the info before, we've been saying for a long time that you just have to state that you will leave but do not have to "prove" it. It does make it hard to understand why people spaz about applying for GC from E3. I think many immigration lawyers etc do not understand these points either - they sound pretty clear.

In addition, previously posted was an USCIS memo that specifically states that a pending IV application is not sufficient reason to deny an E3 renewal. Still, most lawyers seem to recommend applying right after getting the renewal.

ReneeNYC

Hi everyone,

Thought i'd stop back and update everyone on my recent E3 renewal.

Receipt of my application to the USCIS was March 28, 2011 and it was approved April 19, 2011.

So a little over 3 weeks for it to be processed.

Background is I've been with the same company 4 years; this was my 4th E3 visa since 2006 (previously had a H1B for 7 years).

My last renewal in 2009 was about 5 weeks at the USICS, fyi.

The company lawyer communicated that she was nervous about me being approved this year b/c E3s stipulate "temporary" and obviously at this point I'm showing myself to be more than "temporary".

But anyway.... good news all round.