E3 visa

Old Oct 6th 2005, 9:14 am
  #16  
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Default Re: E3 visa - Update visa issued, the 1st?

Originally Posted by 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.
I m in Newyork at the moment on visa waiver and I m planning to go to Toronto to apply for E3 visa once i get the approaved LCA. Is there any requirement of minimum number of years of experience to obtain this visa? I am an fresh postgraduate engineer in IT and i dont have any experience. Anyone already gone through the interview ...plz tell me abt the documents required and the questions they ask during interview....

Cheers
Ronnie
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Old Oct 6th 2005, 11:39 pm
  #17  
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Default Re: E3 visa - Update visa issued, the 1st?

Go to http://usembassy-australia.state.gov...r/visa-e3.html
for details. It will be very hard in your position to justify speciality occupation - wha tdo others think?

To qualify for an E-3 visa, an applicant must demonstrate:

that he or she must have a legitimate offer of employment in the United States
that the position he or she is coming to fill qualifies as specialty occupation employment
that he or she is an Australian citizen
that he or she has the necessary academic or other qualifying credentials
that his or her stay will be temporary
and

if required before the alien may commence employment in the specialty occupation, that he or she has the necessary license or other official permission to practice in the specialty occupation.
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Old Oct 7th 2005, 5:41 pm
  #18  
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Default Re: E3 visa - Update visa issued, the 1st?

Originally Posted by cafa123
Go to http://usembassy-australia.state.gov...r/visa-e3.html
for details. It will be very hard in your position to justify speciality occupation - wha tdo others think?

To qualify for an E-3 visa, an applicant must demonstrate:

that he or she must have a legitimate offer of employment in the United States
that the position he or she is coming to fill qualifies as specialty occupation employment
that he or she is an Australian citizen
that he or she has the necessary academic or other qualifying credentials
that his or her stay will be temporary
and
if required before the alien may commence employment in the specialty occupation, that he or she has the necessary license or other official permission to practice in the specialty occupation.


Hi
I have already gone through the link http://usembassy-australia.state.gov...r/visa-e3.html many times but it does not tell about experience required. Thanx
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Old Oct 7th 2005, 8:13 pm
  #19  
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Default Re: E3 visa - Update visa issued, the 1st?

ronnie3960 wrote:
    >>Go to http://usembassy-australia.state.gov...r/visa-e3.html
    >>for details. It will be very hard in your position to justify
    >>speciality occupation - wha tdo others think?
    >>To qualify for an E-3 visa, an applicant must demonstrate:
    >>that he or she must have a legitimate offer of employment in the
    >>United States
    >>that the position he or she is coming to fill qualifies as specialty
    >>occupation employment
    >>that he or she is an Australian citizen
    >>that he or she has the necessary academic or other qualifying
    >>credentials
    >>that his or her stay will be temporary
    >>and
    >>if required before the alien may commence employment in the specialty
    >>occupation, that he or she has the necessary license or other official
    >>permission to practice in the specialty occupation.
    >
    >
    > Hi
    > I have already gone through the link http://usembassy-australia.state.gov/consular/visa-
    > e3.html many times but it does not tell about experience required. Thanx
    >

IMHO, since you have postgraducate specialty education, I think you
would be OK. However, i'd checkout the detailed requirements of the H1B
visa. I think the "specialty occupation" required for that visa would be
similar if not the same for the E3.

Brett.
 
Old Oct 7th 2005, 9:14 pm
  #20  
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Default Re: E3 visa - Update visa issued, the 1st?

Originally Posted by Brett
ronnie3960 wrote:
    >>Go to http://usembassy-australia.state.gov...r/visa-e3.html
    >>for details. It will be very hard in your position to justify
    >>speciality occupation - wha tdo others think?
    >>To qualify for an E-3 visa, an applicant must demonstrate:
    >>that he or she must have a legitimate offer of employment in the
    >>United States
    >>that the position he or she is coming to fill qualifies as specialty
    >>occupation employment
    >>that he or she is an Australian citizen
    >>that he or she has the necessary academic or other qualifying
    >>credentials
    >>that his or her stay will be temporary
    >>and
    >>if required before the alien may commence employment in the specialty
    >>occupation, that he or she has the necessary license or other official
    >>permission to practice in the specialty occupation.
    >
    >
    > Hi
    > I have already gone through the link http://usembassy-australia.state.gov/consular/visa-
    > e3.html many times but it does not tell about experience required. Thanx
    >

IMHO, since you have postgraducate specialty education, I think you
would be OK. However, i'd checkout the detailed requirements of the H1B
visa. I think the "specialty occupation" required for that visa would be
similar if not the same for the E3.

Brett.
Hi
I just checked the list of documents required with US consulate at toronto.The list is as follows
1. Approaved LCA
2 Job offer letter
3 Legal status in Canada
4. DS 156 and 157 FORMS
5. Application fee US $100
6. Original Educational certificates
7. Proof of ties with Australia which includes house, Family, Car, business etc
8 One passport size Photograph
When asked specifically if u need recent payslips or job letter from previous employers, the answer was no.

Cheers
Ronnie
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Old Oct 8th 2005, 8:14 am
  #21  
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Default Re: E3 visa - Update visa issued, the 1st?

What is a Specialty Occupation?

In general, a specialty occupation is one that requires theoretical and practical application of a body of knowledge in professional fields and at least the attainment of a bachelor's degree, or its equivalent, as a minimum for entry into the occupation in the United States. The Department's regulations governing E-3 visas incorporate the definitions contained in section 214(i)(1) of the Immigration and Nationality Act (INA). In order to determine what constitutes a "specialty occupation" US consular officers abroad will be guided by, and will apply, regulatory criteria already developed by the Department of Homeland Security for the H-1B classification.

From the US consulate in AUS. i'd be surprised if education alone is ok.
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Old Oct 8th 2005, 4:18 pm
  #22  
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Default Re: E3 visa - Update visa issued, the 1st?

    > Hi
    > I just checked the list of documents required with US consulate at
    > toronto.The list is as follows
    > 1. Approaved LCA
    > 2 Job offer letter
    > 3 Legal status in Canada
    > 2. DS 156 and 157 FORMS
    > 3. Application fee US $100
    > 4. Original Educational certificates
    > 5. Proof of ties with Australia which includes house, Family, Car,
    > business etc
    > 8 One passport size Photograph
    > When asked specifically if u need recent payslips or job letter from
    > previous employers, the answer was no.
    >
    > Cheers
    > Ronnie


THanks for the detailed list! What sort of legal status do i require in
Canada? If i'm in the US now can i fly to Toronto to process the E3, or
do I have to fly to Sydney?

My Bachelors degree is from Melbourne University, is the original degree
from there OK? The website says: "evidence that it is equivalent to the
required U.S. degree". What has to be done in this regard?

Thanks,
Brett.
 
Old Oct 8th 2005, 6:16 pm
  #23  
Kevin Keane
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Default Re: E3 visa - Update visa issued, the 1st?

-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

Brett wrote:

    >> Hi
    >> I just checked the list of documents required with US consulate at
    >> toronto.The list is as follows
    >> 1. Approaved LCA
    >> 2 Job offer letter
    >> 3 Legal status in Canada
    >> 2. DS 156 and 157 FORMS
    >> 3. Application fee US $100
    >> 4. Original Educational certificates
    >> 5. Proof of ties with Australia which includes house, Family, Car,
    >> business etc
    >> 8 One passport size Photograph
    >> When asked specifically if u need recent payslips or job letter from
    >> previous employers, the answer was no.
    >>
    >> Cheers
    >> Ronnie
    >
    >
    > THanks for the detailed list! What sort of legal status do i require in
    > Canada? If i'm in the US now can i fly to Toronto to process the E3, or
    > do I have to fly to Sydney?

My *guess* is that it would be better to fly to Australia. Two reasons:
first, the E-3 is very new, and nobody, anywhere, has experience with it.
Since it is primarily of interest for Australians, the consulates in
Australia seem to be taking the lead, and will be most knowledgeable about
it.

Second, unlike the H-1B, the E-3 requires that you prove non-immigration
intent. If you just come from the US and go to Canada for a short trip, it
will be much harder to show, while in Australia, they may well just
automatically believe you.

Legal status in Canada means that you are currently legally in Canada.
Presumably, as an Australian citizen, you wouldn't need a visa for a short
trip, so just showing your passport with your Canadian admission stamp may
be enough. For that matter, they may not even ask about it.

    > My Bachelors degree is from Melbourne University, is the original degree
    > from there OK? The website says: "evidence that it is equivalent to the
    > required U.S. degree". What has to be done in this regard?

You need to get a credential evaluation. Search google for that term, and
you should find a couple companies that offer this service. The H-1B
requires the same thing.

- --
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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Old Oct 8th 2005, 8:00 pm
  #24  
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Default Re: E3 visa - Update visa issued, the 1st?

Originally Posted by Kevin Keane
-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

Brett wrote:

    >> Hi
    >> I just checked the list of documents required with US consulate at
    >> toronto.The list is as follows
    >> 1. Approaved LCA
    >> 2 Job offer letter
    >> 3 Legal status in Canada
    >> 2. DS 156 and 157 FORMS
    >> 3. Application fee US $100
    >> 4. Original Educational certificates
    >> 5. Proof of ties with Australia which includes house, Family, Car,
    >> business etc
    >> 8 One passport size Photograph
    >> When asked specifically if u need recent payslips or job letter from
    >> previous employers, the answer was no.
    >>
    >> Cheers
    >> Ronnie
    >
    >
    > THanks for the detailed list! What sort of legal status do i require in
    > Canada? If i'm in the US now can i fly to Toronto to process the E3, or
    > do I have to fly to Sydney?

My *guess* is that it would be better to fly to Australia. Two reasons:
first, the E-3 is very new, and nobody, anywhere, has experience with it.
Since it is primarily of interest for Australians, the consulates in
Australia seem to be taking the lead, and will be most knowledgeable about
it.

Second, unlike the H-1B, the E-3 requires that you prove non-immigration
intent. If you just come from the US and go to Canada for a short trip, it
will be much harder to show, while in Australia, they may well just
automatically believe you.

Legal status in Canada means that you are currently legally in Canada.
Presumably, as an Australian citizen, you wouldn't need a visa for a short
trip, so just showing your passport with your Canadian admission stamp may
be enough. For that matter, they may not even ask about it.

    > My Bachelors degree is from Melbourne University, is the original degree
    > from there OK? The website says: "evidence that it is equivalent to the
    > required U.S. degree". What has to be done in this regard?

You need to get a credential evaluation. Search google for that term, and
you should find a couple companies that offer this service. The H-1B
requires the same thing.

- --
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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Version: GnuPG v1.4.0 (GNU/Linux)

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=Jiho
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Hey guys
No visa appointment is available in any of the US Consulates in Toronto and Mexico till mid Dec. Its better to book ur flights back to Australia asap if u cannt stay here till dec like me..........you will be very lucky to get an appointment in case someone cancel his/her appointment. US Consulate updates cancelled appointments exactly at 7am toronto time.....so sit in front of computer at sharp 7 am to have a better chance to grab a place..

ronnie
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Old Oct 11th 2005, 4:18 am
  #25  
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Default Is there anyone who got E-3 Visa stamped?

Hi
Is there anyone who got E-3 visa approved and stamped in his/her passport ? If yes..can u please give the details of the interview questions with the US consulate officer.

Thanx
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Old Oct 12th 2005, 2:13 pm
  #26  
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Default Re: Is there anyone who got E-3 Visa stamped?

[QUOTE=ronnie3960]Hi
Is there anyone who got E-3 visa approved and stamped in his/her passport ? If yes..can u please give the details of the interview questions with the US consulate officer.

I went to an interview in a consulate in Europe, after arranging it on the web. However, when I arrived they didn't like the fact that I came to a country where I do not reside.
After a 15 min intervue they sent me with a list of additional document they require for the issuance of the visa.
The things they required are as follows:

1. Original labor certification – the problem is I never got it was faxed by the National office and my prospective employer re-signed the fax this was not sufficient.
2. Documents on company in the U.S.
3. Evidence on prior employment – I can easily supply this but didn’t have it with me as I didn’t think this would be relevant.
4. Original U.S. Education documents – I presented a photo copy of a U.S. certificate and offered that he check online with the state board that I am registered, in addition I also presented a B.A. and a Master’s degree from a foriegn country – but he insisted – again, I can easily supply this but didn’t have it with me as I didn’t think this would be necessary due to the fact that I had other university degrees with me.
5. Evidence of continuing employment when the job in the U.S ends.

People applying in Canada should e aware that they might find themselves in a similar situation.

I now have schedualed an interview in 10 days in my home country, and hope this time it will work.
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Old Oct 12th 2005, 4:01 pm
  #27  
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Default Re: Is there anyone who got E-3 Visa stamped?

Originally Posted by aviezer
I went to an interview in a consulate in Europe, after arranging it on the web.
Thank you for sharing your experience.
It seems that the previous employment needs to be in Australia. What about for the people already work in U.S with H1 Visa? Anybody has any ideas? Thank you.
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Old Oct 12th 2005, 9:58 pm
  #28  
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Default Re: Is there anyone who got E-3 Visa stamped?

[QUOTE=aviezer]
Originally Posted by ronnie3960
Hi
Is there anyone who got E-3 visa approved and stamped in his/her passport ? If yes..can u please give the details of the interview questions with the US consulate officer.

I went to an interview in a consulate in Europe, after arranging it on the web. However, when I arrived they didn't like the fact that I came to a country where I do not reside.
After a 15 min intervue they sent me with a list of additional document they require for the issuance of the visa.
The things they required are as follows:

1. Original labor certification – the problem is I never got it was faxed by the National office and my prospective employer re-signed the fax this was not sufficient.
2. Documents on company in the U.S.
3. Evidence on prior employment – I can easily supply this but didn’t have it with me as I didn’t think this would be relevant.
4. Original U.S. Education documents – I presented a photo copy of a U.S. certificate and offered that he check online with the state board that I am registered, in addition I also presented a B.A. and a Master’s degree from a foriegn country – but he insisted – again, I can easily supply this but didn’t have it with me as I didn’t think this would be necessary due to the fact that I had other university degrees with me.
5. Evidence of continuing employment when the job in the U.S ends.

People applying in Canada should e aware that they might find themselves in a similar situation.

I now have schedualed an interview in 10 days in my home country, and hope this time it will work.

Thanx for ur information. I have aleady booked an interview at Calgary office .....but i might cancel it now and fly back to Australia. But i couldnt understand the "evidence of continuing employment when the job in the US ends". Can anyone explain that and tell us how it is relevant to this visa.
Thanx
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Old Oct 12th 2005, 10:49 pm
  #29  
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Default Re: Is there anyone who got E-3 Visa stamped?

[QUOTE=ronnie3960]
Originally Posted by aviezer


1. Original labor certification – the problem is I never got it was faxed by the National office and my prospective employer re-signed the fax this was not sufficient.
Yes, we were informed yesterday (after 2 weeks!) that a faxed form was not good. It was mailed in but the lawyer obtained a fax reply and now the US consulate will not allow this - can you credit these buys. It's a wonder that the US economy is still running.
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Old Oct 13th 2005, 5:08 am
  #30  
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Default Re: Is there anyone who got E-3 Visa stamped?

Has anyone applied for and received the certified LCA from the Department of Labor? If so please post the date that it was sent and date received.
I am waiting to get the cert. LCA back from DOL, tracking info showed that they received it on 9/26

Someone here mentioned that previous employment has to be in Australia, where did you hear/read this from? Non of the E3 requirements I've read so far mentioned this.

[QUOTE=cafa123]
Originally Posted by ronnie3960

Yes, we were informed yesterday (after 2 weeks!) that a faxed form was not good. It was mailed in but the lawyer obtained a fax reply and now the US consulate will not allow this - can you credit these buys. It's a wonder that the US economy is still running.
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