docnetau

Are you sure?

43-9061.00 - Office Clerks, General
General Office Clerks : Occupational Outlook Handbook: : U.S. Bureau of Labor Statistics

It doesn't matter what you're willing to do. The whole point of the LCA process is to make sure that you're not being underpaid - not so much for your good, but in order to stop employers bringing in workers from other countries and paying them less than market wage.

ando88

It fell between the 4 - 6 range, so at the high end which I imagine I would fall, it requires an associates degree and in some cases a bachelors. I guess my task then would be to present my case and responsibilities then during the interview with understanding. But your right, though this is my situation currently so I am trying to plan the outcome accordingly and successfully.

jlglover

I just found this helpful thread! I couldn't find an answer to my specific question, but I'm glad to see there is lots of E3 experience here.

I am an Australian citizen who has been in the USA for most the past 5 years on a J1 visa. My J1 ended in September but I found a job just before it ended from a company that was willing to sponsor me for an E3 visa. I went to Canada in October and then re-entered the USA on a B visa shortly afterward. I waited and waited for all the E3 paperwork to be ready, and it finally is.

My question is this, can I apply for the E3 in Canada? When I went to make an appointment my only options were to apply as an "applicant residing in Canada" or an "applicant residing in the United States". Can I apply as an "applicant residing in the United States"? I've been present here for most of the past 5 years, but I'm currently only on a B visa. Am I a resident for these purposes?

I'd rather not have to fly back to Aus right now, since flights are very expensive.

jlglover

Ok, I just read through the thread in its entirety and it answered my question: Yes, it is possible to be in the US on a B visa and then travel to Canada to obtain a visa appointment. I will choose the "applicant residing in the United States" option in the appointment-making interface.

The wait times are currently extremely long, but as suggested in this thread, I intend to take the next available appointment in Ottawa and then check for cancellations every day.

However, reading the thread also made me realise that I signed my employment offer while I was here in the US on my B visa. Some people in this thread suggested that makes it invalid and may lead to problems during the E3 application. I suppose I should ask my employer to send another employment offer that I could sign once I travel to Canada?

Your comments would be appreciated!

ian-mstm

It doesn't make the offer invalid - but signing an offer does make you a de facto employee... and you don't currently have permission to work in the US.


An equally bad idea... since you don't have permission to work in Canada either.


In the grand scheme of things, nothing bad will happen to you as a result of signing the offer... and it will likely have no negative impact on your visa. So, unless you're specifically asked whether you've signed an employment offer, I suggest you don't even mention it when you go to the interview.

Ian

jlglover

Thanks for your reply. It's really helpful to hear from someone who knows what they are talking about.

I take it from your silence regarding the first two paragraphs, that they weren't especially objectionable.

ian-mstm

Correct. Although Canada isn't obligated to process TPN (third party national) applications, they have been fairly accommodating over the years - so it won't much matter which category you select. Wait times are long, as you've already noticed... but I believe you can apply at any of the 8 US Consulates - so Ottawa isn't your only choice.

Ian

jlglover

Can anyone comment on how many days it has taken lately (in Canada) from the interview until you had your passport/visa in hand for a first-time E3 applicant?

r32_gts

Hi all

I don't think I've relied so heavily before on a single source of collected knowledge for such a specific topic. This thread is brilliant.

I've been following the process to get my first E3, I have a job offer and have successfully hit the milestone of a certified LCA a couple of days ago.

Now I'm still in the US trying to book an interview in Canada ASAP. I recognise the risk/return and happy to try that option.

However the issues I'm currently looking at are:
- My passport expires in December 2015, I totally missed this important point and I am thinking I will need to get a new passport very quick (at New York consulate) otherwise will receive an E-3 visa that expires on my passport expiry date? Let me know if I have this all wrong, would be nice if so.
- Also I get the impression this creates flow-on problems given that the DS-160 and the visa booking are based on the passport document number. i.e. if I renew my passport I will need to start again on arranging a DS-160 and visa booking with reference to the new passport document number. I'm making the assumption that the passport document number changes when the passport is renewed - everything I read suggests that.
- As discussed previously the wait times for the Canadian consulates are rock-solid - I am getting "There are no available appointments" across the board for each consulate. Does anyone have feedback on how long it took them to find a slot (assuming they have also checked morning, afternoon and night for cancellations) ?

Also a misc contribution: - When I was looking at the Halifax 'advice page' when trying to book consulates, they had some advice that I didn't see for any other Canadian consulate. I think I'll dodge Halifax.

"Additional Visa Application Procedures for Australian Specialty Workers (E3)
The U.S. Consulate in Halifax issues employment based E-3 visas only for residents of its Consular district and for state-side revalidations. (Revalidation: employment based visa existing in current or expired passport and is seeking renewal of that visa.)
If an appointment is booked for those that do not meet the criteria above they will be turned away at a large expense/cost to the applicant (cost of plane ticket, hotel, taxis, and meals)."

docnetau

Your visa expiry is independent of your passport expiry. If/when you get a new passport you will simply need to carry both the old (expired, but with the visa) and the new passport with you when crossing the border. I did this for about 6 months after renewing my passport due to it being full and it didn't cause any issues at all. When I next renewed my E3 (due to an employer change) it obviously went in the new passport and then I could stop carrying the old one too.

That said, you may find it easier to get a new passport. As far as I'm aware all Australian passports in the US are issued in Washington, but you need to apply via the local consulate based on where you reside (not sure exactly how that'll work for you, given that you officially reside outside of the US). Total time when I renewed mine via the San Francisco consulate was a little over a week.

Boeing747

Hi Guys,

Having read this forum for help on E3 process, I wanted to share my E3 visa interview experience which was done this morning in Sydney.

Appt was at 8:45am (31/12/14), arrived at level 10 MLC centre by 8:25am. not many people, but airport style security check. (noticed a couple of AFP blokes near the entrance)

The Pre-pre-interview check --> A girl verified the LCA, both DS-160 confirmation forms (me and my wife, E3, E3D), appt confirmation pages.

once done, we took the lift to the upper level (59?? )

Pre-interview check --> strong glass windows - finger printing was completed and the lady checked the relevant docs again, and asked us to join a queue (blue queue!).

2 interviewing officers on duty- we could hear everything as its pretty open. a couple of applicants had bad luck before us and seems like given 221(g) and one lady got rejected saying that her job offer/code doesn't come under specialty occupation, she looked very upset...
I was kinda nervous and my turn finally came...

vo - morning
me - good day

vo - is this ur first e3?
me - yes

vo - how did u apply for this job
me - blah blah blah

vo - what does this company do?
me - blah blah blah

vo - whats your highest degree
me - xxxxxxxxxx

vo - whats ur core specialization
me - xxxxxxxxxxx

vo - where will u be employed at - clients or employers
me - employers location

asks my wife -
vo - how long u guys been married for
her - x yrs

vo - have you ever been to US
her - xxxxxx

vo - your visa is approved. passports will be sent via courier.

interview took around 4 mins or so...the visa officer kept typing something when we are talking, maybe just typing the same...

All in all, it was straightforward for me...the VO didn't ask for any documents even though i took quite a few (like mortgage docs, financial statements, car loan papers, degree certificates, transcripts, resume, offer letter from employer, docs relating to the sponsor company etc)

pat garrett

Hi everyone. I'm in NYC on an E3, and need some advice regarding taxes in the US and UK. To be honest I'm not sure if I'll be best served by an accountant or lawyer, as my situation is a little unusual to say the least. If anyone thinks they can help I'll be happy to disclose more in a PM. Basically the situation involves tax liabilities in the US given the new FATCA compliance regulations (I also have bank accounts in the UK). Thanks.

ian-mstm

I suggest you post in the general USA forum... since your question is not an immigration-related issue.

Ian

LBJC

Hi all. This thread has been a great resource, although I cannot find the answer I am looking for.

I am currently in California on an E3 visa and am about to transfer to a different employer. The wait times and proximity suit me best to go to Tijuana.

I see others have been successful in E3 applications in TJ, however my question is if I can re-enter the US at the Mexico border crossing? Does one have to fly in on a new E3 or is a land crossing doable?

Any advice is appreciated

ian-mstm

Yes.


No.

Ian