E3 visa

Old Oct 13th 2005, 5:59 am
  #31  
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Default Re: Is there anyone who got E-3 Visa stamped?

[QUOTE=aviezer]
Originally Posted by ronnie3960
Hi

5. Evidence of continuing employment when the job in the U.S ends.
What dose " continuing employment " mean? with the prior employer in Australia? Confussed...
Thank you for reply.
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Old Oct 13th 2005, 6:13 am
  #32  
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Default Re: Is there anyone who got E-3 Visa stamped?

[QUOTE=StuckinCA]
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.

Neither did I, but when I read from others' posts here that shows the requirements as such:

7. Proof of ties with Australia which includes house, Family, Car, business etc.
5. Evidence of continuing employment when the job in the U.S ends.

I start wondering.... It seems more strict than it should be.
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Old Oct 13th 2005, 8:29 am
  #33  
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Default Re: Is there anyone who got E-3 Visa stamped?

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aviezer wrote:

    >
    >> 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
    >
    > [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.

Not "Labor Certification" but "Labor Condition Attestation". The problem
with the E-3 is that the regular electronically filed LCA is *not*
acceptable. Only one filed on paper is.

    > 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.

Most of the same questions will also apply in Australia.

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Old Oct 13th 2005, 8:31 am
  #34  
Kevin Keane
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Default Re: Is there anyone who got E-3 Visa stamped?

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ronnie3960 wrote:

    > 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.

E-3 is a non-immigrant category. That means that you must have evidence that
you will return to Australia eventually, rather than apply for a Green Card
in the USA. H-1B is special, since it does allow immigration intent - but
E-3 doesn't.

Thus the requirement to prove that you have some good reason to return to
Australia when the term ends.

- --
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 13th 2005, 5:19 pm
  #35  
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Default Re: Is there anyone who got E-3 Visa stamped?

[QUOTE=OZAmy]
Originally Posted by aviezer

What dose " continuing employment " mean? with the prior employer in Australia? Confussed...
Thank you for reply.

I was confused too when the consular officer requested this and asked him your exact question. His answer was "it does not have to be the same employer" In any case I don't know if all consular officers will be so strict, I hope not.
In any case, for my interview next week I will be comming with proof of continuing employment.
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Old Oct 13th 2005, 5:35 pm
  #36  
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Default Re: Is there anyone who got E-3 Visa stamped?

[QUOTE=OZAmy]
Originally Posted by StuckinCA
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.

Neither did I, but when I read from others' posts here that shows the requirements as such:

7. Proof of ties with Australia which includes house, Family, Car, business etc.
5. Evidence of continuing employment when the job in the U.S ends.

I start wondering.... It seems more strict than it should be.
All applicants should note the following copied from the U.S. foriegn Affairs notes:
9 FAM 41.51 N15 Intent to Depart Upon Termination of
Status
(TL: VISA-404; 04-29-2002)
An applicant for an E visa need not establish intent to proceed to the United States for a specific temporary period of time. Nor does an applicant for an E visa need to have a residence in a foreign country which the applicant does not intend to abandon. The alien may sell his or her residence and move all household effects to the U.S. The alien’s expression of an unequivocal intent to return when the E status ends is normally sufficient, in the absence of specific indications of evidence that the alien’s intent is to the contrary. If there are such objective indications, inquiry is justified to assess the applicant’s true intent. As discussed in 9 FAM 41.54 N4, an applicant might be a beneficiary of an immigrant visa petition filed on his or her behalf. However, the alien might satisfy the consular officer that his and/or her intent is to depart the United States upon termination of status, and not stay in the United States to adjust status or otherwise remain in the United States regardless of legality of status.


This means the consular officer may not request that you maintain a residence in Australia (or any other country).
Having said that, maintaining a residence outside the U.S. may assist in proving the temporariness of your stay in the U.S. as required by the E visas.
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Old Oct 13th 2005, 5:51 pm
  #37  
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Default Received the LCA + previous employment requirement

[QUOTE=StuckinCA]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.

1. I got my LCA faxed to me on 9/21, I have asked for the original to be mailed to me - still waiting.
2. The previous employment is not an official requirement for the E-3 visa and it definitely does not have to be Australian experience. I was requested to demonstrate that I was working in order to prove false the consoler’s ridiculous allegations as if I have already been living in the U.S. for the past few years. The allegations came due to the fact that I had many entries to the U.S. (usually short 1 week business trips) during the past 5 years.
Bare in mind that I applied in a country that was not my home country (tried to save time) so this made the consular very suspicious from the beginning. He failed to believe the truth that I applied at his post because there was no waiting time for the interview there.
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Old Oct 13th 2005, 6:51 pm
  #38  
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Default interview at Calgary office

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[/QUOTE]

Your chances on getting the visa are probably better in Austalia. If you do want to try in Canada maybe wait to hear from someone that actually succeeded in Canada.
However, if you've been out of Australia for a long time you might have trouble showing strong ties in any consulate.
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Old Oct 14th 2005, 6:55 pm
  #39  
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Default Re: Is there anyone who got E-3 Visa stamped?

[QUOTE=aviezer]
Originally Posted by OZAmy


I was confused too when the consular officer requested this and asked him your exact question. His answer was "it does not have to be the same employer" In any case I don't know if all consular officers will be so strict, I hope not.
In any case, for my interview next week I will be comming with proof of continuing employment.
Is the proof of continuing employment from an employer in Australia ?
It's going to be tough for the people already work in US to provide such proof.
Anyone has the idea of when the US gov will have the regulation on "change of status to E3" in US?
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Old Oct 15th 2005, 1:32 am
  #40  
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Default Re: Is there anyone who got E-3 Visa stamped?

[QUOTE=OZAmy]
Originally Posted by aviezer

Is the proof of continuing employment from an employer in Australia ?
It's going to be tough for the people already work in US to provide such proof.
Anyone has the idea of when the US gov will have the regulation on "change of status to E3" in US?
I have my green card now, so this doesn't directly affect me--however, this requirement that E-3 applicants show ties to Australia doesn't seem right to me. Except where otherwise specifically provided, general law for E visas applies to E-3 applicants, and as other posters have correctly noted, an E visa applicant in general does not need to show ties abroad to get their visa. The E-3 also draws on elements on the H-1B visa program (because of the need for a specialty occupation and LCA approval) and the TN program (because it is a country-specific visa). However, neither the H-1B visa nor TN status require that the applicant show ties abroad, so there is no precedent with either of those visas to require showing ties abroad. Simply put, there is no basis at all for this requirement.

So I expect that a lot of these teething pains with this new visa category and this bogus requirement for Australian ties will go away after suitable pressure from applicants, lawyers, and employers.

However, having said that, it must be added that this visa is very new. And applying from a third country for a country-specific visa is always dicey. Expecting that a US consulate in Europe will know much about these visas is asking a lot, especially so early in the process.

Additionally, in the non-dual intent categories (such as E and TN), the consulate can refuse the visa if there is specific evidence that the person intends to stay in the US permanently. In these categories, the burden of proof is to some degree on the consulate (not the applicant) to prove the person has immigrant intent, but certainly if the person had already filed for their green card, the visa can be denied. An argument could be made that if someone turns up at a European consulate asking for a US visa, they've already shown they've effectively abandoned Australia--so the burden of proof then switches back to the applicant to refute the claim they've abandoned Australia. So there is probably some legal basis for treating applications in Europe more suspiciously.

I think the bottom line is that a lot of these problems will probably go away soon. But I think common sense dictates that the consulates in Australia will be the first ones to get it right, then probably Toronto (because they are used to people flying up from the US to get visas), then the rest of the world eventually but they will lag behind.
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Old Oct 16th 2005, 11:23 am
  #41  
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Default Re: E3 visa

Has anyone actually got their E-3 Visa yet, or heard anything about the
current status? Last I heard was at the consulate on the 26th of Sept
where they took my paperwork and said "this may or may not be correct
as the paperwork requirements haven't been figured out", they took my
passport in case it was all ok anyway.

But sitting here in limbo and continually having to push my work-start
date back is getting to me, especially since I got the job in March :)
 
Old Oct 16th 2005, 12:01 pm
  #42  
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Default Re: E3 visa

Originally Posted by Glen Murphy
Has anyone actually got their E-3 Visa yet, or heard anything about the
current status? Last I heard was at the consulate on the 26th of Sept
where they took my paperwork and said "this may or may not be correct
as the paperwork requirements haven't been figured out", they took my
passport in case it was all ok anyway.

But sitting here in limbo and continually having to push my work-start
date back is getting to me, especially since I got the job in March

I contacted the office of Minister Mark Vaile on Sep 30th and asked if any E-3 visas have been issued. The answer was yes. Although I too have not heard from anyone that acctually got one yet.

Two questions:
1. What consulate did you go to?
2. What paperwork did you submit?
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Old Oct 17th 2005, 1:17 am
  #43  
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Default Re: E3 visa

Originally Posted by aviezer
I contacted the office of Minister Mark Vaile on Sep 30th and asked if any E-3 visas have been issued. The answer was yes. Although I too have not heard from anyone that acctually got one yet.

Two questions:
1. What consulate did you go to?
2. What paperwork did you submit?
E3 issued today at Sydney. Yes after 3 weeks of messing around. The US lawyer faxed a copy of the LCA with the "C" prefix and on the strength of the PDF copy the visa was issued without an interview. Passpart retained and told delivery within 48 hours. the silly thing is - with the correct "C" syntax version of the LCA it was all a no brainer. No questions about returning to Aus, no questions about qualifications etc.

Good luck to the ones that follow.

A tip - when booking at the consulate, take the first avaialble and then keep an eye out for cancellations. Often people book 'in hope' and then the day beofre cancel. I rebooked this mornings appointment at 4:00PM Friday.

Colin.
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Old Oct 17th 2005, 4:46 am
  #44  
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Default Re: E3 visa

Thanks for that Colin, not sure what you mean by 'C syntax', but my ETA
9035 was submitted with a 'C' prefix to the 'ECA case number' at the
bottom of the page, with 'E-3 Australia, to be processed' handwritten
at the top (this was sent to me by the company's lawyers a few days
before my interview). Does that sound about right?

And in answer to the questions posted by Aviezer, I went to the
Melbourne consulate and I submitted the ETA 9035 (as described above)
along with the two other forms that are mentioned on the US consulate's
website.

~ Glen
 
Old Oct 17th 2005, 5:06 am
  #45  
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Default Re: E3 visa

For the people who got their certified LCA, how long did you have to wait to get it back from the DOL?
I've been waiting to get mine back for almost 3 weeks now. My lawyer tried to call Mr. Stratton's office to check on the status but
it always went to voicemail, we're wondering if it's lost in the mail or something.


Originally Posted by Glen Murphy
Thanks for that Colin, not sure what you mean by 'C syntax', but my ETA
9035 was submitted with a 'C' prefix to the 'ECA case number' at the
bottom of the page, with 'E-3 Australia, to be processed' handwritten
at the top (this was sent to me by the company's lawyers a few days
before my interview). Does that sound about right?

And in answer to the questions posted by Aviezer, I went to the
Melbourne consulate and I submitted the ETA 9035 (as described above)
along with the two other forms that are mentioned on the US consulate's
website.

~ Glen
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