Azza55

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).

aussiebattler

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.

retzie

Hmmmm. Call me jaded, but that sounds a lot like they would prefer to collect the $$$ they will charge to put together the I-129...

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.


(a) You can always go somewhere it wouldn't be inconvenient to be stranded (Qantas currently have some pretty solid deals for flights home in August); and (b) the law is not silent at all: it wants the equivalent of a US Bachelor's degree. If your Bachelor's is deemed as being such, you have met the requirement.


Another unimelb grad here

Yes.

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).

Azza55

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

Azza55

Well thanks for writing in riddles anyway Ian, it was most helpful. :/

ian-mstm

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

Azza55

I see why you have the words 'sanctimonious prick' in your tagline is all I'll say.

aussiebattler

Thanks retzie! So i've had success and have convinced the company not to pursue the I-129. The lawyers now saw they need 3-4 weeks from the time they get all the info from company and me to do the LCA filling.

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.

ian-mstm

It sounds as though you're assuming that the lawyer has nothing else to do but work on your case!

Ian

aussiebattler

Sure, that's why I estimated a week as reasonable.

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.

retzie

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.

aussiebattler

Thanks again Retzie. I expected it to take a week. Will go back to them. Have been unemployed a while now, so would love to start ASAP

aussiebattler

Also, don't know about you, but I never made any clients wait 3-4 weeks for something that can be done in hours, regardless of workload.

pat garrett

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?

Teddy501

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!