nani

Congrats! I think your attorney had no real reason to be nervous because E3 clearly allows you to work indefinitely as long as your employer wants you or you want to stay in the US, provided you are employed.

In fact, unless you had applied for GC while you were in H1B status, your attorney had no reason to be nervous. Presumably, you never showed intent to remain permanently in the US by applying for a GC?

ian-mstm

This doesn't sound quite right to me.

Ian

lifehouse51

In theory, E-3 can be renewed indefinitely for a max duration of 2 years, but in reality applications can be denied for various reasons. And since E-3 hasn't been around for a long time, only time will tell how many renewals will be considered a red flag.

db80

Hi Everyone,

I've searched through the past years of this thread and can't find anything specific to my question, hopefully someone can advise;


I've been in the states for almost 3 months (VWP) and have all but secured a job in the industry I am after (Solar), the company is willing to sponsor my E3 but unfortunately want to start me in a commission only sales role.

It's not my ideal job but is a "foot in the door" and a good way to learn the local market etc. Other aspects of my application I think will be solid (business degree, 6 years experience in construction management) but not sure if the "commission only" will fly on the LCA/at the interview.

Has anyone heard any situations like this being rejected/accepted? Is there a particular way to spin it on the LCA app to get it through?

Thank in advance.

ian-mstm

Aside from the "commission only" route, I'm not sure that "sales" is even an appropriate work category. Hopefully, someone with more insight will be along shortly to respond.

Ian

E3only

I agree.

I don't this so that will be a 'specialized' job. + do you have a related degree OR required experience?

db80

Hmmm, I realise it is a bit of a stretch in both areas on the surface. My degree is a generic 3 year oz bachelor of business (marketing major).

For the last 2 years I've been a procurement/logistics manager in the UAE (building large construction camps).

This is a small US company and I am pretty sure the owner would jazz up the job title ("business development associate" or something else) for me if it would help.

If there is nothing specifically "anti-commission" on the criteria or forms I was wondering if they wrote up an estimated monthly income on the job offer/paperwork it would work...

E3only

You do realize you will get the employer to manipulate the position?

Further, let me tell you from experience - smaller the org. greater the chances of 'please explain further'.

Besides, perhaps not my place to mention, but why would you consider a commission only job. The economy here is terrible....I hope you are not too desperate to move up here.

db80

Agreed. Sales and commission based are not my ideal however I'm not getting any love from my applications to larger companies (no doubt they are getting flooded and being in need of sponsorship makes it easy to discard).

I'm running out of time on my VWP and would ideally use it to build contacts/local experience and use it as a stepping stone. Met the owner of this company socially and just curious if it is a realistic option or not. It doesn't seem like it!

ian-mstm

A word of warning... it would be illegal for you to sign any sort of contract without valid employment authorization.

Ian

nani

Technically, being here for x number of years cannot be the basis of denial because E3 regulations do state that the visa can be extended indefinitely every 2 years.

I think the red flag can be an application for GC.

lifehouse51

I agree with you in theory, but again, since E-3 hasn't been around for a long time, it's hard to tell how things will really be like.

For example, look at TN, a status with some similarities but not exactly like E-3, which can be renewed every 3 years. Some people have had no problem renewing it multiple times, but there were anecdotes that others have been denied after a few renewals when there were suspicion that the stays weren't temporary in nature. I don't know whether those that got denied were also those who applied for PR status in the U.S., but it is certainly something to keep in mind.

fair_dincum

This seems like what everyone has been thinking, but does this not contradict the official instructions document, where it says:

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

I am actually very curious to know whether there have been any attempts to apply for GC and what the outcome was.

E3only

There have been couple of forum members/visitors who got their GC when on E-3. I think one was straight E-3 to GC and the other I believe was AOS due to marrige.

ReneeNYC

Nani -- I did *begin* the process of applying for a green card in 2005. But my company was bought by a larger company one year later and so when the second stage of the process came up, it was a whole new HR team and company lawywer in place and I was told they only supported GC for Senior Execs. So it never got any further.

I think my lawyer had only filed the PERM application and so whatever the second stage is, we didn't get that far. So technically, I have never had a GC application in, and so always answer "no" to this question when asked in interviews or by airport immigration