retzie

Hi all, long time reader, first time poster

I am coming to the end of my first E-3 and have been offered an (identical) extension of my contract. From what I've read here, it will be easier to apply for a new visa out-of-country than to apply for an extension. (This is fine, since I'll be abroad at some point over summer anyway.) As far as I can tell, all I will need (apart from all my own documents) is a new LCA. (Stop me if any of this is wrong so far...)

Here is the problem: My employer requires that I retain and pay for an attorney to obtain an LCA, because "we are a State university and don't have the money for lawyers." (Clearly, as a State university employee, I have buckets of cash ) Since my position is identical to that from my last LCA and I have the most straight-forward of straight-forward situations/applications/visa histories, I do not personally want to get lawyers involved. Just to add to the mix, I've been told (a colleague's vague recollection...) that an employee can't legally pay for this (much less be required to pay for this), as it is a document in the employer's interest.

Is my colleague correct? Or am I just stuck with this if I want the job? Compounding the matter is the fact I feel like I have been railroaded into using the University's recommended firm, who are expensive, slow and unpleasant to deal with...

Any thoughts on this matter are much appreciated.

lifehouse51

I'm not sure what you mean by your first question. A E-3 sponsor, just like a H1-B sponsor, has to file a Labor Condition Application (LCA) attesting that the E-3 Visa holder will be paid the prevailing wage for the same position in the same geographical location.

For the purpose of jobs qualifying for E-3, the criteria are the same for H1-B and E-3 for Specialty occupations. Usually that means a job that requires a Bachelor's degree, but a job that requires significant working experience but not a degree may qualify.

lifehouse51

That's correct, plus an UPDATED Job Offer Letter if needed (The old one may specify a different employment period), plus the DS-160 form required for Visa application, of course

Who did the LCA last time when you get your initial E-3? I believe that employer cannot ask an employee to pay to process a LCA, but for the sake of keeping your job, you may not want to bargain with the university though.

Comment: If your university's not willing to pay for a LCA, it's unlikely they'll be willing to sponsor an employment based green card. It is not a problem if you understand that and have no issue with it; but if not, maybe it's time to start looking for a different employer.

retzie

Haha, don't worry, I'll bring my new offer letter for sure! I guess I call that one of 'my documents' since I already have it.

My original E-3 application was done by the school-recommended attorney. It was a last-minute appointment, my first work visa and I just did what I was told. I was not impressed when I discovered that 98% of the packet they sent me was photocopies of all the things I had sent to them (albeit on letter-size paper!), which were all completely ignored by the agent at the consulate (as in, literally handed back to me without a glance). Throw in how expensive and rude the law firm was and I would definitely prefer to be smarter about it this time.

I don't really think my position is going to be in jeopardy if I challenge this issue. As a State university, it is obliged to be fairly transparent - not to mention they would have to cross my department and the Dean, which is certainly not something that can happen quietly! Also, this is a temporary position, so no GC possibilities anyway - sadly, in the academic world, you just have to take anything you can get...

My colleague seemed to think that this issue was covered by a recent(ish) development in immigration law - anyone know if this is true? If so, any ideas how I can source it? It is very difficult to separate out the LCA specifically from other H-1b issues when attempting to search.

augigi

Why would they care if you use a lawyer, so long as you get the visa? My HR dept just does the LCA. It's only a matter of filling in an online form, so not really a stretch for anyone with half a brain.

retzie

They seem to think a lawyer has to prepare the LCA and they expect me to pay for it. As far as I can tell, they aren't interested in whether I run my part of the application through a lawyer or not.

And here we find the problem...

lifehouse51

It's kinda hard to argue with people when they are not familiar with the issue but still expect things to be done in a certain way. But I mean, has someone from the Personnel office LOOKED at a LCA form yet? A lot of the info's rather straightforward, and they can copy a lot of the info from the old LCA as well.

jnrpablo

Sorry what I meant is, the occupation I'm going for is a specialty occupation but the pay is low, like $25-30K, so will that affect the approval?

lifehouse51

If it's the prevailing wage for that position in that geographical area, then it should be fine. If you can get a LCA approved for that company's position, it shouldn't be a big factor in your visa application.

augigi

Yes, if they are planning to pay you less than usual. I can't think of many.. or any... "specialty" occupations that earn 25-30K, and I work in Pittsburgh... home of the low pay.

lifehouse51

When I was working in Houston, Texas, the prevailing wage was rather low (More than 25-30K, but definitely not a lot). The reason given by the institution was that Texas has no state income tax and so the average salary reflects that...Stingy bastard B.S.!

jnrpablo

Well the specialty occupation im referring to is an assistant to a motion picture producer and / or agent. I know some people in this position that got their H1B -- I'm not sure what there wage is..but I know that where i'm interning atm the assistants to executives / producers are on $25K...soo....not sure....

I'm in LA btw..

lifehouse51

That is quite a low wage for L.A. Also, you may have a hard time convincing the consular officer that an assistant position qualifies for E-3 (Remember, it should be a job that requires a Bachelor's degree or otherwise a signficant amount of working experience). I'd think that someone who got a similar position approved for H1-B probably got it by proving the requirement for significant amount of working experience. Your employer will have to very careful with the job title and description of job duties in the Employment offer letter.

augigi

So.. is it a "specialty occupation" according to the DOL website?

jnrpablo

Sure you do need specialized knowledge of production / development..the requirement for a bachelor's degree changes from job to job.