E-3 Visa for Australians Thread- It's all in here
#1996
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Joined: Jun 2015
Posts: 15
Re: E-3 Visa for Australians Thread- It's all in here
Ian, as I am in the USA right now (on the b1/b2) I would rather go to a place as close as I can to the US and also in the process I would prefer to apply at a consulate that through precedent has accepted first time E3 visa applicants, and doesn't have a massive queue (like Canada). Hence my wish to look at Barbados. I can't see many other viable options that close that meet the criteria I have stated above (I know some consulates refuse to process E3 applications - it has always been a grey area).
#1997
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Joined: Jul 2015
Posts: 5
Re: E-3 Visa for Australians Thread- It's all in here
Hey All,
Have a read through at least 80 pages of this thread and it has given me a lot of confidence in the e3 process.
I have received an offer in the U.S. that I'm really excited about. However the companies immigration attorney (Fragomen) have come back to the company suggesting they file a petition (I assume I-129) with USCIS, on the basis of the fact that I don't have a single source US 4 year degree equivalent. They argue that because of lack of U.S. 4 year degree I may get stranded overseas while applying for e3 and may even be denied as the law is silent over whether my education is sufficient.
I did a five year dual degree program at the University of Melbourne and also have a U.S. MBA (2 year full time program).
I highly doubt that I would get denied for a visa especially for Australians without a four year degree from a country that does not do 4 year degrees.
Can anyone please comment on 1. Is my education sufficient for E3?
2. What is the best way to handle the company and immigration attorney?
They have quoted 2-4 months for the petition to be processed and I do not want to wait that long in limbo. I finished MBA a year ago so I don't have any OPT time remaining.
Have a read through at least 80 pages of this thread and it has given me a lot of confidence in the e3 process.
I have received an offer in the U.S. that I'm really excited about. However the companies immigration attorney (Fragomen) have come back to the company suggesting they file a petition (I assume I-129) with USCIS, on the basis of the fact that I don't have a single source US 4 year degree equivalent. They argue that because of lack of U.S. 4 year degree I may get stranded overseas while applying for e3 and may even be denied as the law is silent over whether my education is sufficient.
I did a five year dual degree program at the University of Melbourne and also have a U.S. MBA (2 year full time program).
I highly doubt that I would get denied for a visa especially for Australians without a four year degree from a country that does not do 4 year degrees.
Can anyone please comment on 1. Is my education sufficient for E3?
2. What is the best way to handle the company and immigration attorney?
They have quoted 2-4 months for the petition to be processed and I do not want to wait that long in limbo. I finished MBA a year ago so I don't have any OPT time remaining.
#1998
BE Forum Addict
Joined: Apr 2010
Posts: 1,158
Re: E-3 Visa for Australians Thread- It's all in here
Posters on BE routinely report obtaining an E-3 (or indeed an H-1B) with a 3-year AU or UK Bachelor degree (since they are, indeed, equivalent to a 4-year US Bachelor's). If you really want, you can use a credential evaluation service to verify that your education is equivalent to a US Bachelor's. You could do this immediately, if you'd like help making the decision. IMO, the fact you were admitted to a US MBA is a fairly strong indication that your undergrad is seen to meet US standards.
The whole 'applying in-country with an I-129' is a bit of a red herring. If you're going to get denied, you're going to get denied - USCIS don't care where you are when you discover this. And it would have the added downside that if you were approved, you'd be stuck needing to get a visa in your passport if you needed to leave and re-enter.
Tell them you would like to exit and apply at consul. If it makes you feel better, get your equivalency done first (though, you almost certainly won't need it if applying in Oz).
#1999
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Joined: Jun 2015
Posts: 15
Re: E-3 Visa for Australians Thread- It's all in here
I wasn't seeing great fares back from the US (one way) via Qantas Retzie, but I'll look again (AIR NZ seemed the best option).
Also, if anyone can clarify what process I can use as Ian described above to actually figure out actual waiting times for a consulate appointment? I tried contacting the US consulate in Barbados but haven't had much luck - I checked the US dept of state website re waiting times but not sure how accurate that is... do I need to fill out a DS-160 (I'd prefer not to at this point because I won't actually be booking an appointment, just wanting to understand how long the appointment wait times in Barbados are).
Cheers
Also, if anyone can clarify what process I can use as Ian described above to actually figure out actual waiting times for a consulate appointment? I tried contacting the US consulate in Barbados but haven't had much luck - I checked the US dept of state website re waiting times but not sure how accurate that is... do I need to fill out a DS-160 (I'd prefer not to at this point because I won't actually be booking an appointment, just wanting to understand how long the appointment wait times in Barbados are).
Cheers
#2000
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Joined: Jun 2015
Posts: 15
Re: E-3 Visa for Australians Thread- It's all in here
Well thanks for writing in riddles anyway Ian, it was most helpful. :/
#2001
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: E-3 Visa for Australians Thread- It's all in here
First, you wanted info only on the Barbados. Then, you read into my post information that wasn't there. Then, you only wanted to go someplace where precedence had been established. US immigration isn't like Burger King... you can't always have it your way!
You have the information you need... all you need to do, is act on it. It's up to you to figure out what needs to be done.
Ian
You have the information you need... all you need to do, is act on it. It's up to you to figure out what needs to be done.
Ian
#2002
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Joined: Jun 2015
Posts: 15
Re: E-3 Visa for Australians Thread- It's all in here
I see why you have the words 'sanctimonious prick' in your tagline is all I'll say.
#2003
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Joined: Jul 2015
Posts: 5
Re: E-3 Visa for Australians Thread- It's all in here
Surely this can't be? I googled the LCA form and it looks like a simple form that could be done in an hour and requires very little information from me, its mostly around the wage i'm getting, job, prevailing wage etc.
I'm starting to believe this particular attorney has 0 experience with E3.
#2004
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Location: Kentucky
Posts: 38,865
Re: E-3 Visa for Australians Thread- It's all in here
Ian
#2005
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Joined: Jul 2015
Posts: 5
Re: E-3 Visa for Australians Thread- It's all in here
I am trying to confirm that the LCA petition is as easy as what I'm saying it is. If so, I can get the company to apply pressure on law firm to move faster.
#2006
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Joined: Apr 2010
Posts: 1,158
Re: E-3 Visa for Australians Thread- It's all in here
IIRC, when I needed an LCA for an E-3 renewal back in '10, it took about a week and the lawyer charged $400.
#2007
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Joined: Jul 2015
Posts: 5
Re: E-3 Visa for Australians Thread- It's all in here
Many people on this thread report their employer completing/submitting the LCA application (no lawyer). Indeed, several people have reported completing it for the employer themselves. It is not complicated, so yes, the only hold-up here would be lawyer (or more precisely, their paralegal's) availability.
IIRC, when I needed an LCA for an E-3 renewal back in '10, it took about a week and the lawyer charged $400.
#2009
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Joined: Feb 2006
Posts: 19
Re: E-3 Visa for Australians Thread- It's all in here
Just a quick question about the eligibility of sponsors. I've been on E3s since 2009, but my current sponsor is proving unreliable and I'm not sure he'll be able to sponsor me again. I work in education - he's a neuropsychologist and I work in his clinic, assisting students with learning disabilities. One of my main "clients" has parents who will be be willing to sponsor me, but the mother works in real estate and the father is in private equity. Essentially I'd be employed as their daughter's teaching assistant. Is this likely to pass muster on the application, or should I be looking for a sponsor who is more obviously employed in my own field?
#2010
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Joined: Jul 2015
Posts: 6
Re: E-3 Visa for Australians Thread- It's all in here
Hi everyone,
I was wondering if anyone has had luck in applying for a new E3 in any of the Asia countries? (e.g., China or Singapore)
I have had an E3 before but am now looking at applying for a new (employer) E3.
Any advice appreciated!
I was wondering if anyone has had luck in applying for a new E3 in any of the Asia countries? (e.g., China or Singapore)
I have had an E3 before but am now looking at applying for a new (employer) E3.
Any advice appreciated!