Go Back  British Expats > Living & Moving Abroad > USA > US Immigration, Citizenship and Visas
Reload this Page >

E-3 Visa for Australians Thread- It's all in here

E-3 Visa for Australians Thread- It's all in here

Old Jan 11th 2015, 6:10 am
  #1756  
Forum Regular
 
Joined: Jan 2008
Posts: 210
docnetau is a glorious beacon of lightdocnetau is a glorious beacon of lightdocnetau is a glorious beacon of lightdocnetau is a glorious beacon of lightdocnetau is a glorious beacon of lightdocnetau is a glorious beacon of lightdocnetau is a glorious beacon of lightdocnetau is a glorious beacon of lightdocnetau is a glorious beacon of lightdocnetau is a glorious beacon of lightdocnetau is a glorious beacon of light
Default Re: E-3 Visa for Australians Thread- It's all in here

Originally Posted by lordgrimstad
Is there a preference given to larger companies over smaller ones? I've been offered a job with salary and equity share in San Francisco in a really small (ie. incubator level) startup. Would the relatively small size be a red flag for issuing the E3?
In general I agree with kriggles33. Three of my E-3's have been for startups (although none as small as what you're looking at I suspect - the two smallest I was about employee number 40) and realistically the process and interviews were exactly the same as for the larger companies which the interviewer knew of.

The biggest issue is going to be salary. Is the company paying you a "real" salary - something that is going to be equal to or above the minimum for a "skilled" role? It's not uncommon for early-stage startups to pay below market salaries on the grounds that options make up for it, but that's not allowed for the LCA/E3. You can potentially get around this is a little by dropping the description/skill level/etc of the position, but go too low and you'll end up outside of the 'skilled' range that an E3 requires.

Also, have you fully thought through the risks involved in doing this? The vast majority of startups fail. If that happens, your not just out of a job, but you have 10 days to get out of the US (or jump through hoops to stay a little longer). Working for an early-stage startup is always a risky prospect, but even more so when you're on a single-company visa...
docnetau is offline  
Old Jan 13th 2015, 5:10 am
  #1757  
Just Joined
 
Joined: Dec 2014
Posts: 20
manish1980 has a reputation beyond reputemanish1980 has a reputation beyond reputemanish1980 has a reputation beyond reputemanish1980 has a reputation beyond reputemanish1980 has a reputation beyond reputemanish1980 has a reputation beyond reputemanish1980 has a reputation beyond reputemanish1980 has a reputation beyond reputemanish1980 has a reputation beyond reputemanish1980 has a reputation beyond reputemanish1980 has a reputation beyond repute
Default Re: E-3 Visa for Australians Thread- It's all in here

I am Australian citizen as of Aug 2014. Migrated to Australia from India in 2010 as PR. My LCA from a reputed consulting company was approved in Dec 2014. During interview the visa officer asked me to submit updated employment letter carrying details of client name and client location (under 221(g)). He did not went into details about my education as well my australian ties (as E3 is non-immigrant visa). I have sent updated employment letter along with details of client name and client name few days ago and today recieved a rejection mail saying

"This is to inform you that you have been found ineligible for a nonimmigrant visa under Section 214(b) of the U.S. Immigration and Nationality Act. A denial under Section 214(b) means that you were not able to demonstrate that your intended activities in the United States would be consistent with the classification of the nonimmigrant visa for which you applied.

While nonimmigrant visa classifications each have their own unique requirements, one requirement shared by many of the nonimmigrant visa categories is for the applicant to demonstrate that he/she has a residence in a foreign country which he/she has no intention of abandoning. Applicants usually meet this requirement by demonstrating that they have strong ties overseas that indicate that they will return to a foreign country after a temporary visit to the United States. Such ties include professional, work, school, family, or social links to a foreign country. You have not demonstrated that you have the ties that will compel you to return to your home country after your travel to the United States.

Today’s decision cannot be appealed. However, you may reapply at any time. If you decide to reapply, you must submit a new application form and photo, pay the visa application fee again, and make a new appointment to be interviewed by a consular officer. If you choose to reapply, you should be prepared to provide information that was not presented in your original application, or to demonstrate that your circumstances have changed since that application. "

I have strong ties with australia

1. Property and Bank accounts
2. Elder brother and his family is Australian citizen and been in Australia for last 10 years
3. My E3 application did not included my spouse and kids so more ties till they are in Australia

My questions

1. Are above proofs sufficient ? What else can be provided?
2. Is is better to re-apply E3 immediately or should I wait for some time?
3. Is it better to re-apply using same company or apply through different company (meaning new LCA)

Regards
Manish
manish1980 is offline  
Old Jan 13th 2015, 10:00 am
  #1758  
Forum Regular
 
Joined: Dec 2014
Posts: 82
ando88 is an unknown quantity at this point
Default Re: E-3 Visa for Australians Thread- It's all in here

Please feel free to share any experiences about the 221(g) refusal letter

I had my appointment on the 5th, got hit by the 221(g) as the job category my employer selected was below the required SVP7. On the 9th I had a renewed LCA certified with a SVP of 7.0-8.0 and forwarded to the Sydney consulate by the end of the 10th.

Can anybody speculate to the length of time this can usually take? I've heard that updates aren't given until the final decision is made. My scheduled job start date is for the 20th of Jan, I haven't booked any flights yet though would like to have some idea of a timeframe so I can best advise my boss on my expected return. Any experiences?
ando88 is offline  
Old Jan 13th 2015, 11:16 pm
  #1759  
Just Joined
 
Joined: Jan 2015
Posts: 1
JThomas is an unknown quantity at this point
Default Re: E-3 Visa for Australians Thread- It's all in here

Hi All,

I'm after some advice on a topic that has been talked about a bit recently on this thread, namely the O*Net Code on the LCA, and the Job Zone or SVP requirements, and how these are treated by the interviewing officers at US Consulates.

I will hopefully receive a job offer shortly for a paralegal position in the US. After a recent change Paralegal comes within Job Zone Three and SVP Range (6.0 to < 7.0), which states "Most occupations in this zone require training in vocational schools, related on-the-job experience, or an associate's degree." Even though it states that 44% of respondents in this role required a bachelors degree.

The position I will hopefully be offered is a complex paralegal role. I am excited by it even though I have 10yrs experience as a lawyer in Australia. It was advertised as "Bachelors Degree preferred".

Does anyone know if US Consulate interviewing officers look solely to the Job Zone & SVP Range and absolutely require those to be above 4 and 7 respectively. Or do they merely use the Job Zone & SVP Range as a guide and instead consider the actual job in the application before them (through evidence of the job advertisement/description, letter from the company, the applicants education). And will still accept an application if you can show that your position does require a bachelors degree and is sufficiently complex/specialised to be deemed a specialty occupation despite a Job Zone below 4 or SVP Range below 7.

Alternatively, can you put an O*Net code in the LCA that does not match up with the name of the role in the job offer and job advertisement, but still matches the role? I.e. could I use a code for "Compliance Manager" or "Regulatory Affairs Specialist" (which both have a Job Zone of 4 and SVP of 7-8, and both would match the skills of the role), yet the job offer and job advertisement would state "paralegal"? Because from what I have read, you do not have to submit your letter of offer at any stage (unless requested to provide it by the US Consulate interviewer).

Any advice/experiences would be much appreciated.
JThomas is offline  
Old Jan 15th 2015, 11:20 am
  #1760  
Forum Regular
 
Joined: Dec 2014
Posts: 82
ando88 is an unknown quantity at this point
Default Re: E-3 Visa for Australians Thread- It's all in here

Shortly after sending in my email with the revised LCA, I received a confirmation email saying the "case was closed", that my documentation was received correctly and that the office would contact me if any further documentation is needed. I guess this is a good sign? Pity there is no way to stay abreast with the ongoing process
ando88 is offline  
Old Jan 15th 2015, 6:41 pm
  #1761  
Just Joined
 
Joined: Dec 2014
Posts: 20
manish1980 has a reputation beyond reputemanish1980 has a reputation beyond reputemanish1980 has a reputation beyond reputemanish1980 has a reputation beyond reputemanish1980 has a reputation beyond reputemanish1980 has a reputation beyond reputemanish1980 has a reputation beyond reputemanish1980 has a reputation beyond reputemanish1980 has a reputation beyond reputemanish1980 has a reputation beyond reputemanish1980 has a reputation beyond repute
Default Re: E-3 Visa for Australians Thread- It's all in here

Originally Posted by ando88
Shortly after sending in my email with the revised LCA, I received a confirmation email saying the "case was closed", that my documentation was received correctly and that the office would contact me if any further documentation is needed. I guess this is a good sign? Pity there is no way to stay abreast with the ongoing process
That sound positive to me. In my case, they asked for updated work contract with client details under 221(g) and later denied visa under 214(g) without even asking for proof for Australian ties.
manish1980 is offline  
Old Jan 27th 2015, 7:53 am
  #1762  
Just Joined
 
Joined: Jul 2012
Posts: 23
melbboy is an unknown quantity at this point
Default Re: E-3 Visa for Australians Thread- It's all in here

Originally Posted by fred_costo
I've been following this forum for a long long time. I've currently on my 3rd E-3 visa. First two were with one employer (both applications were done in Canada) and more recently (late last year) I changed employer and this new visa was also done in Canada. All without issues.

Like many people- I was also interested in doing the visa renewal's / transfer to new employer from within the U.S.- but (like most people) it all seems a bit convoluted (particularly that lack of detailed info on whether you an start work with the new employer before the transfer is approved) and going to the great white north was always the easier option.

Due to unforeseen circumstances- I'm going to have to change employer again. Rather than me, my wife and young baby (U.S. Citizen) all going to Canada again to get new visas- I was thinking of doing it a little differently and I'm interested if anyone can see a hole in my idea.

1. I go to Canada alone and get a new E3 Visa for myself.

2. When I get back to the U.S., my wife files for status adjustment to her E3D.

3. When we are home in Australia at Christmas time, then my wife gets a proper E3D visa at that time.

We could all go the Canada like we did last time- but finding a babysitter whilst we were at the embassy was a right pain and it not fair to drag the baby to Canada and hole up in a hotel for several days in the middle of winter. Been there, done that.

Anyone see any issues with my idea? Thanks for any insight people may have.



How did it go ? I am on the same situation. I
My wife has finals at university. I don't want to include her in the Trip
melbboy is offline  
Old Jan 27th 2015, 6:39 pm
  #1763  
Just Joined
 
Joined: Nov 2014
Posts: 6
r32_gts is an unknown quantity at this point
Default Re: E-3 Visa for Australians Thread- It's all in here

Following up my post from a couple of pages ago, just left the US embassy in Ottawa this morning (Tuesday), waiting on my passport to be delivered to the Loomis/DHL office on Thursday or Friday. This will be my first E3 visa.

To assist anyone's knowledge with their future situation, here's a a summary of what was involved:
- Walked in off street, got scanned with a wand, then went through the standard airport style security. Had to give them my phone, keys and dangerous chapstick, glad I got it back, it's -18C outside
- Walked through to a little desk with a girl who checked basic documents (DS-160, LCA, passport) and sent me through to counter 7 where they took these things from me and gave me a number.
- Waited approx 20 minutes until they called my number, walked up to counter 6 where they took my fingerprints and gave me back my passport, LCA, DS-160 in a little yellow folder. The documents had the staples removed so I expect they copied/scanned them during the intervening time
- Waited approx 10 minutes then went to counter 2 and spoke to a guy who asked me 2 questions:
1. I see you're working for company XXXXX, what is involved in your work? (I answered; he was satisfied)
2. I see you resigned from your prior (Australian) employment in May 2014, what have you been doing since then? (I said I had traveled through Europe until November, then entered the US to look for work. He was OK with this also)
- Straight after that he said "OK you will be issued with a visa later in the week, you can leave now, check out the website on this piece of paper to see when your visa/passport are ready to pickup from the DHL/Loomis office" (The website is the visa-booking website which visa-bookers will be familiar with)

He phrased the first question as if I was already working with the prospective employer, otherwise I can't name anything in the process that suggested there was an issue with applying in Canada for your first E3 visa. I may have been subject to less scrutiny because I have a fairly generic profile - being born and raised in Australia, Australian accent & education etc.

From all my research of the US government websites and other people's experiences the highest risk item might be if you don't have a certificate of equivalency to prove that your education is legit. The Canadian embassy website warns you against applying in Canada unless you have US/Canadian education/work experience. I interpreted this to mean I should get an educational equivalency report. I got mine from Trustforte, didn't get asked for it today, but still don't think it was a mistake getting it. Otherwise I don't think there is much that can go wrong if you have a fairly standard case like mine.

I could hear the accents of a couple of other Aussies in the room ahead of me talking to the consular staff during their interviews.

All up the entire process was neat and efficient, all the staff were professionally courteous and pleasant, I don't think anyone should have a problem going through Ottawa unless you make a problem for them.

Any questions let me know
r32_gts is offline  
Old Jan 27th 2015, 8:02 pm
  #1764  
Just Joined
 
Joined: Jul 2012
Posts: 23
melbboy is an unknown quantity at this point
Default Re: E-3 Visa for Australians Thread- It's all in here

Originally Posted by r32_gts
Following up my post from a couple of pages ago, just left the US embassy in Ottawa this morning (Tuesday), waiting on my passport to be delivered to the Loomis/DHL office on Thursday or Friday. This will be my first E3 visa.

To assist anyone's knowledge with their future situation, here's a a summary of what was involved:
- Walked in off street, got scanned with a wand, then went through the standard airport style security. Had to give them my phone, keys and dangerous chapstick, glad I got it back, it's -18C outside
- Walked through to a little desk with a girl who checked basic documents (DS-160, LCA, passport) and sent me through to counter 7 where they took these things from me and gave me a number.
- Waited approx 20 minutes until they called my number, walked up to counter 6 where they took my fingerprints and gave me back my passport, LCA, DS-160 in a little yellow folder. The documents had the staples removed so I expect they copied/scanned them during the intervening time
- Waited approx 10 minutes then went to counter 2 and spoke to a guy who asked me 2 questions:
1. I see you're working for company XXXXX, what is involved in your work? (I answered; he was satisfied)
2. I see you resigned from your prior (Australian) employment in May 2014, what have you been doing since then? (I said I had traveled through Europe until November, then entered the US to look for work. He was OK with this also)
- Straight after that he said "OK you will be issued with a visa later in the week, you can leave now, check out the website on this piece of paper to see when your visa/passport are ready to pickup from the DHL/Loomis office" (The website is the visa-booking website which visa-bookers will be familiar with)

He phrased the first question as if I was already working with the prospective employer, otherwise I can't name anything in the process that suggested there was an issue with applying in Canada for your first E3 visa. I may have been subject to less scrutiny because I have a fairly generic profile - being born and raised in Australia, Australian accent & education etc.

From all my research of the US government websites and other people's experiences the highest risk item might be if you don't have a certificate of equivalency to prove that your education is legit. The Canadian embassy website warns you against applying in Canada unless you have US/Canadian education/work experience. I interpreted this to mean I should get an educational equivalency report. I got mine from Trustforte, didn't get asked for it today, but still don't think it was a mistake getting it. Otherwise I don't think there is much that can go wrong if you have a fairly standard case like mine.

I could hear the accents of a couple of other Aussies in the room ahead of me talking to the consular staff during their interviews.

All up the entire process was neat and efficient, all the staff were professionally courteous and pleasant, I don't think anyone should have a problem going through Ottawa unless you make a problem for them.

Any questions let me know

Thanks a lot. In my situation I still have the E3 visa with the current employee until 2016 august. Recently I got an offer from another employer and they want me to go to canada and stamp the visa. My immigration lawyer told me not to inform the current employer Until they stamp the new visa under new employer. We warned me if something goes wrong I should have the legal right to come back to this country. When they stamp the new visa. do they revoke the existing visa ?
melbboy is offline  
Old Jan 28th 2015, 11:13 am
  #1765  
Forum Regular
 
Joined: Dec 2014
Posts: 82
ando88 is an unknown quantity at this point
Default Re: E-3 Visa for Australians Thread- It's all in here

Just to update, my case was changed to "ready' yesterday on the CEAC website, then shortly after went back to Administrative processing. Today it was updated to "issued". So I am led to believe it has been approved and now awaiting delivery. I am hoping they are able to do next day delivery though hoping at least to receive it by the weekend so I can fly back to work by Monday.
ando88 is offline  
Old Feb 2nd 2015, 2:44 am
  #1766  
Forum Regular
 
Joined: Apr 2009
Posts: 33
Dpaks is an unknown quantity at this point
Default Re: E-3 Visa for Australians Thread- It's all in here

Hi All,
Just wanted to share my experience moving to H1b from E3. I had my employer do the COS via USCIS and I went in for my stamping at Melbourne consulate this AM. I got there a little early for my appt but the folks were very nice ... A quick security check and then upstairs to the waiting room. I got called to first counter and all they took was my I797, passport and my employers invitation letter and did the finger printing. Wait again to be called to the second counter and some basic questions on where I work, what I do and a nice conversation about H1B and it's benefits if the employer is ready for the additional cost and that was it he said your visa is approved. Wait again and called to the cashier to pay for the issuance fee $105 and now wait for the passport to be delivered by toll priority. Overall great experience and very friendly folks.
Anyone have experience on how long toll priority took for delivery in melbourne ?
Thank you
Regards
Deepak
Dpaks is offline  
Old Feb 2nd 2015, 5:32 am
  #1767  
Forum Regular
 
Joined: Apr 2013
Posts: 56
maulajatt is an unknown quantity at this point
Default Re: E-3 Visa for Australians Thread- It's all in here

I got my stamping in September, it took 5 business days to get the passport via Toll Priority.

Originally Posted by Dpaks
Anyone have experience on how long toll priority took for delivery in melbourne ?
maulajatt is offline  
Old Feb 2nd 2015, 3:38 pm
  #1768  
Forum Regular
 
Joined: Dec 2014
Posts: 82
ando88 is an unknown quantity at this point
Default Re: E-3 Visa for Australians Thread- It's all in here

Just to update for those going through the E3 visa process, here is my timeline

January 5th - Visa appointment, 221(g) refusal letter due to a non-speciality job on my LCA
January 9th - New LCA form certified within the speciality job category range of 7.0-8.0
January 11th - Signed by employer, sent by email to sydney consulate
January 27th - Case was upgraded from administrative processing to ready on CEAC website
January 28th - Case went back to administrative processing before changing to issued
January 29th - Passport arrived with brand new visa inside it via toll priority.

Whole process for me took approx 24 days
ando88 is offline  
Old Feb 3rd 2015, 10:48 pm
  #1769  
Forum Regular
 
Joined: Apr 2009
Posts: 33
Dpaks is an unknown quantity at this point
Default Re: E-3 Visa for Australians Thread- It's all in here

Thanks Maulajatt, the CEAC website says "ISSUED" so I am hoping I will get the passport back soon. Was there any way to track toll priority ? I did not get a tracking number ... did you get any ?
Dpaks is offline  
Old Feb 4th 2015, 2:51 am
  #1770  
Just Joined
 
Joined: Jul 2013
Posts: 7
rouge_homme is an unknown quantity at this point
Default Re: E-3 Visa for Australians Thread- It's all in here

Hi Everyone,

A great wealth of information in this thread for which I am most grateful. I couldn't find a specific answer to the following question, so please point me in the right direction if it has been asked before.

I am currently in the USA working on an E-3 and my wife is here also working on an E-3D. Our visas are due to expire in June, so we're planning to renew them when visiting Australia in a few months time.

My employer's attorneys have provided me with a new LCA and the process for me to renew seems fairly straightforward. However, I was wondering if my wife and I are able to attend the same consulate appointment or whether she must renew her visa separately after mine has been issued?

Also, will her current EAD become immediately invalid once the new visas have been issued?

Thank you in advance.
rouge_homme is offline  

Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.