Sven

Hi,

Does anyone know how many E3 visas are currently available? I know
there are 10,500 visas that can be issued - but is there some site that
updates the number of visas that have been approved etc... DO you think
the E3 visas will be all used up like the H1B? What do you think the
demand for this visa would be? Also, what would be the general cost -
filing and attorney fees to process this type of visa?

Thanks!

Sven

Ray

They have only been available since the 14th Sept to Australians
should still be plenty available
http://usembassy-australia.state.gov...r/visa-e3.html

Oracle

Check this out
http://usembassy-australia.state.gov...r/visa-e3.html
Thanks

cafa123

E3 Update - applied for E3 visa at US consulate in Sydney yesterday. Standard LCA form annotated "E3 - Australia - To Be Processed" is NOT acceptable. Please note that many web sites from lawyers in the US suggest this is OK, not so. The US consulate will process awaiting the new LCA that is being created by US authorities, but will not issue visa until the new form is presented. However they will accept a fax copy of the LCA as processed in the US. Have fun!

Update - there are two forms of LCA! One is electronic and cant be used, the 9035 not being electronic can be used is annotated correctly. However right now a new electronic form is in the process of being created. So, if you have the 9035 you may have a chance of getting the visa, otherwise you need t to file the 9035, or new electronic form (not available as of today) and wait for the paper to be processed. I've no idea how long these manual forms take, but can assume that very few, id any, E3s have been issued right now.

We have a US attorney who filed the paper version 2 weeks ago and no new yet. However the US consulate have issued a 'come back with the right form - all other paperwork checked and completed', so hopefully we will get the E3. I think with all the issues around the LCA the 10500 will take many weeks to be used up. the biggest danger is that when the UCSIS form are available the Aussies currently in the US will apply in their droves causing the limit to be reached quickly. Why would they - well the E3 is a far better bet that any other visa.

Cheers
Colin.

Kevin Keane

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Hash: SHA1

cafa123 wrote:

    >
    >> Check this out
    >> http://usembassy-australia.state.gov...r/visa-e3.html
    >> Thanks
    >
    > E3 Update - applied for E3 visa at US consulate in Sydney yesterday.
    > Standard LCA form annotated "E3 - Australia - To Be Processed" is NOT
    > acceptable. Please note that many web sites from lawyers in the US
    > suggest this is OK, not so. The US consulate will process awaiting the
    > new LCA that is being created by US authorities, but will not issue visa
    > until the new form is presented. However they will accept a fax copy of
    > the LCA as processed in the US. Have fun!
    >
    > Update - there are two forms of LCA! One is electronic and cant be used,
    > the 9035 not being electronic can be used is annotated correctly.
    > However right now a new electronic form is in the process of being
    > created. So, if you have the 9035 you may have a chance of getting the
    > visa, otherwise you need t to file the 9035, or new electronic form (not
    > available as of today) and wait for the paper to be processed. I've no
    > idea how long these manual forms take, but can assume that very few, id
    > any, E3s have been issued right now.
    >
    > We have a US attorney who filed the paper version 2 weeks ago and no new
    > yet. However the US consulate have issued a 'come back with the right
    > form - all other paperwork checked and completed', so hopefully we will
    > get the E3. I think with all the issues around the LCA the 10500 will
    > take many weeks to be used up. the biggest danger is that when the UCSIS
    > form are available the Aussies currently in the US will apply in their
    > droves causing the limit to be reached quickly. Why would they - well
    > the E3 is a far better bet that any other visa.

In all honesty, I doubt that the 10500 will be used up at all, probably not
even close. I'd be surprised if there had been 10,500 Australians annually
asking for H-1Bs in the past. Well more than half the H-1B quota went to
Indians and Chinese, and the rest was widely distributed throughout the
world. Probably no more than a few thousand.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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cafa123

In all honesty, I doubt that the 10500 will be used up at all, probably not
even close. I'd be surprised if there had been 10,500 Australians annually
asking for H-1Bs in the past. Well more than half the H-1B quota went to
Indians and Chinese, and the rest was widely distributed throughout the
world. Probably no more than a few thousand.

Firstly - all H-1B in existance are potential applicants for E3, so 10,500 may or may not go quickly. One in the hand ......

Speaking of which..from my partner, today 28th Sept.... 1st issue of E3?
In my interview the chap said I had now met all the requirements to be issued the E-3 visa BUT, the certified form number syntax is different to what they were expecting. As I am the first E-3 visa the consulate is issuing, he did not want to issue it incorrectly. I made the point that there was no solution here, as the information was correct and will not change and if resubmitted and recertified will come out with a number of similar syntax - presumably, ie nothing more I can do so the visa should be issued.

He kept my documents and said that the visa should be issued before Friday and they will give me a phone call when it is done - it is just internal administration.

StuckinCA

I'm a little bit confused, can you help me out here?
What is the difference between the LCA form annotated E3- Australia-To Be Processed and the 9035 form? I thought they are the same...
My lawyer mailed in the 9035 form that was being used for H1Bs with "E3- Australia-To Be Processed " and we're waiting for that to be approved and sent back. How long did you have to wait to receive your approved LCA or were you able to get your E3 visa issued with some other form?
I'm going crazy waiting for it.

Kevin Keane

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cafa123 wrote:

    > Speaking of which..from my partner, today 28th Sept.... 1st issue of E3?
    > In my interview the chap said I had now met all the requirements to be
    > issued the E-3 visa BUT, the certified form number syntax is different
    > to what they were expecting. As I am the first E-3 visa the consulate
    > is issuing, he did not want to issue it incorrectly. I made the point
    > that there was no solution here, as the information was correct and will
    > not change and if resubmitted and recertified will come out with a
    > number of similar syntax - presumably, ie nothing more I can do so the
    > visa should be issued.

Somebody else (Jonathan, I think) posted to this group that there was a
problem with the left hand not knowing what the right hand is doing. It
seems that the consulate requires an LCA form that does not actually exist,
and therefore isn't actually issuing E-3s yet.

More specifically, the electronic form of the 9035 is not acceptable to the
consulate; it is only good for H-1Bs. It seems that the paper form may
actually be acceptable.

    > He kept my documents and said that the visa should be issued before
    > Friday and they will give me a phone call when it is done - it is just
    > internal administration.

Good for you! Seems like they are actually trying to straighten it out.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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cafa123

The 9035 is the correct form and needs to be sent by snail mail - as you have done! We applied for ours only 3 weeks ago and received the faxed copy today -went to the US consulate and as above, almost there. Will keep you all updated.
Colin

Brett

StuckinCA wrote:
    >>In all honesty, I doubt that the 10500 will be used up at all,
    >>probably not
    >>even close. I'd be surprised if there had been 10,500 Australians
    >>annually
    >>asking for H-1Bs in the past. Well more than half the H-1B quota went
    >>to
    >>Indians and Chinese, and the rest was widely distributed throughout
    >>the
    >>world. Probably no more than a few thousand.
    >>Firstly - all H-1B in existance are potential applicants for E3, so
    >>10,500 may or may not go quickly. One in the hand ......
    >>Speaking of which..from my partner, today 28th Sept.... 1st issue of
    >>E3?
    >>In my interview the chap said I had now met all the requirements to be
    >>issued the E-3 visa BUT, the certified form number syntax is different
    >>to what they were expecting. As I am the first E-3 visa the consulate
    >>is issuing, he did not want to issue it incorrectly. I made the point
    >>that there was no solution here, as the information was correct and
    >>will not change and if resubmitted and recertified will come out with
    >>a number of similar syntax - presumably, ie nothing more I can do so
    >>the visa should be issued.
    >>He kept my documents and said that the visa should be issued before
    >>Friday and they will give me a phone call when it is done - it is just
    >>internal administration.
    >
    >
    > I'm a little bit confused, can you help me out here?
    > What is the difference between the LCA form annotated E3- Australia-To
    > Be Processed and the 9035 form? I thought they are the same...
    > My lawyer mailed in the 9035 form that was being used for H1Bs with "E3-
    > Australia-To Be Processed " and we're waiting for that to be approved
    > and sent back. How long did you have to wait to receive your approved
    > LCA or were you able to get your E3 visa issued with some other form?
    > I'm going crazy waiting for it.

I'm just looking into the E3 visa route and obviously you guys are way
ahead of me. Can someone please tell me how I can get these forms? Who
do I write to?

StuckInCA, whats your lawyer like? I wonder if i should go through a
similar route. I'm in LA at the moment.

Brett

cafa123

Visa cant be appled for form wthin the US right now -you will have to wait for the internal processes to be released. If you had the 9035 (download from DOL) approved then i guess you could fly into Sydney and get it processed - an expensive process?
Colin

StuckinCA

IMHO you don't need a lawyer to apply for the E-3 visa, the process is simple enough. You can read the instructions on the US consulate's website to figure out what documents you need, and the 9035 form can be downloaded off the Department of Labor's website.
The consulate in Toronto is the only one issuing E-3 visas right now. I'm in Canada myself and will have to fly to Toronto for the interview once I get the approved LCA back. You have to prove that you have economic and social ties to your home country, so if you're in the process to get a greencard you might not be able to get the E-3.

Jonathan McNeil Wong

Kevin Keane (see Web site for email) wrote:
    > -----BEGIN PGP SIGNED MESSAGE-----
    > Hash: SHA1
    >
    > cafa123 wrote:
    >
    >
    >>Speaking of which..from my partner, today 28th Sept.... 1st issue of E3?
    >>In my interview the chap said I had now met all the requirements to be
    >>issued the E-3 visa BUT, the certified form number syntax is different
    >>to what they were expecting. As I am the first E-3 visa the consulate
    >>is issuing, he did not want to issue it incorrectly. I made the point
    >>that there was no solution here, as the information was correct and will
    >>not change and if resubmitted and recertified will come out with a
    >>number of similar syntax - presumably, ie nothing more I can do so the
    >>visa should be issued.
    >
    >
    > Somebody else (Jonathan, I think) posted to this group that there was a
    > problem with the left hand not knowing what the right hand is doing. It
    > seems that the consulate requires an LCA form that does not actually exist,
    > and therefore isn't actually issuing E-3s yet.
    >
    > More specifically, the electronic form of the 9035 is not acceptable to the
    > consulate; it is only good for H-1Bs. It seems that the paper form may
    > actually be acceptable.
    >
    >

According to DOL guidance, the ETA 9035 form must be submitted by mail.
Put "E-3 Australia" on the top of the form to be sure that it is
processed correctly.

The mailing address is:

United States Department of Labor
Employment and Training Administration
Division of Foreign Labor Certification
Temporary Programs � Room C4312
200 Constitution Avenue, N.W.
Washington, D.C. 20210

I recommend enclosing a self-addressed stamped envelope. Until further
guidance is received, I don't recommend enclosing a prepaid private
overnight courier mailer; a prepaid United States Express Mail Overnight
mailer might work.


--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============

Jonathan McNeil Wong

cafa123 wrote:
    >>Check this out
    >>http://usembassy-australia.state.gov...r/visa-e3.html
    >>Thanks
    >
    >
    > E3 Update - applied for E3 visa at US consulate in Sydney yesterday.
    > Standard LCA form annotated "E3 - Australia - To Be Processed" is NOT
    > acceptable. Please note that many web sites from lawyers in the US
    > suggest this is OK, not so. The US consulate will process awaiting the
    > new LCA that is being created by US authorities, but will not issue visa
    > until the new form is presented. However they will accept a fax copy of
    > the LCA as processed in the US. Have fun!
    >
    > Update - there are two forms of LCA! One is electronic and cant be used,
    > the 9035 not being electronic can be used is annotated correctly.
    > However right now a new electronic form is in the process of being
    > created. So, if you have the 9035 you may have a chance of getting the
    > visa, otherwise you need t to file the 9035, or new electronic form (not
    > available as of today) and wait for the paper to be processed. I've no
    > idea how long these manual forms take, but can assume that very few, id
    > any, E3s have been issued right now.
    >
    > We have a US attorney who filed the paper version 2 weeks ago and no new
    > yet. However the US consulate have issued a 'come back with the right
    > form - all other paperwork checked and completed', so hopefully we will
    > get the E3. I think with all the issues around the LCA the 10500 will
    > take many weeks to be used up. the biggest danger is that when the UCSIS
    > form are available the Aussies currently in the US will apply in their
    > droves causing the limit to be reached quickly. Why would they - well
    > the E3 is a far better bet that any other visa.
    >
    > Cheers
    > Colin.
    >

See my post elsewhere on the correct mail-in procedures (you should
indeed annotate "E-3 Australia - to be processed" on the form you
submit). This procedure was confirmed by the Department of State on
September 29.

DOS will be issuing guidance to posts on this issue shortly.

--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============

cafa123

Hm... 'issued before Friday' - well Friday has gone and no news.

Public holiday in NSW Monday, so we will see what Tuesday brings...
colin.