lifehouse51

It wouldn't hurt trying, and the process for E-3 is much simpler than H1-B. I don't think there's a need to prove that the company has advertised for the position at all. What's needed are an approved Labor Condition Application, which requires determination of the prevailing wage for the position and that you would be paid at least that. Filing is free currently. Your employer would also need to write a letter to describe your job duties and requirements, and this would be the part that your employer would want to get some legal help on, because the wordings may affect whether your application would be accepted or not.

interstellar

So you're recommending I apply for the H1B visa instead of the E3? I was under the impression that the E3 visa is much simpler and cheaper than the H1B visa?

lifehouse51

It was a mistake, sorry, and it was corrected. For E-3, there is no need for the employer to petition to the USCIS, which I believe is the step that requires proof of having advertised for the job position.

On another note, although overall the cost of E-3 is cheaper than H1-B (Including all the petition fees and visa application fee), the VISA APPLICATION fee at the U.S. Consulate is higher for E-3 than H1-B (US$390 vs. US$160 or so), and this is the part you actually pay for yourself (Vs. the petition fees are paid by the employer). Also, E-3 can be issued for a max of 2 years vs. H1-B for a max of 3 years. These are things to consider.

interstellar

OK, thanks guys! I'll be submitting the application in a few weeks and I shall let you know the outcome.

e3hopeful

I am in a similar situation to the above poster. A friend in the US is trying to help me move over there, and he has his own small business. He is willing to fill out an LCA and write a letter explaining his intention to hire me for a position which requires a degree, fulfilling the requirements for the E3 visa.

However, the job will only exist on paper. Basically I will be moving over there under the guise of working for my friends business. He wont be paying me and I wont be doing any work for him. My plan is to eventually find a job and transfer to a legitimate E3 visa job. I am just worried I wont be able to find one in 90 days, which is why I don't want to travel under the VWP to look for work.

Is this incredibly stupid or is it crazy enough to work?

Other details which may pertain: I was in the US for 89 days at the beginning of the year, and I will have been outside the country for four months when I go back. I also have a girlfriend of a few months who lives in New York and is a US citizen.

ian-mstm

Since you ask, it's incredibly stupid. Further, conspiracy to defraud the US government is a felony - and you both could be held liable.


Ah... now the truth comes out!

Ian

E3only

Marriage...easy option.

docnetau

Yes it's incredibly stupid, and despite being crazy, it's almost certainly not crazy enough to work.

Even if it does work, both you and your friend are committing fraud against the US government. If you get caught, you can pretty much guarantee that it's going to be a long time before you'll be allowed in the country again - and that's probably your best case scenario!

e3hopeful

Thanks for the advice guys. Marriage is not really an option, as she is still classified as a dependent and so gets health insurance etc under her parents plans (she is 22).
I'm not sure what to do, it looks like finding a job is the only feasible option!

ian-mstm

Respectfully, that's a pretty lame reason - but, to be fair, health insurance can be pretty expensive!


Concentrate on putting yourself in a position where you can offer the US (or a US employer) something more than whatever you can offer just now. Get a degree perhaps, or find a job with a multinational with offices in both the UK and the US.

Since this isn't going to happen in the short-term, make getting the US a long-term goal. If the relationship with the girl is good, things will work out... if not - well, c'est la vie!

Ian

dominicjohnson83

Hello friends:

Here is an example of how well a visa interview can go: (mind you I live in Perth)

- Took the following items to the visa interview on the 16th June (Thursday):

passport, self addressed envelope, ds-160 confirmation, eta-9035 LCA document, receipt for $390 visa fee, job letter offer and some company related information, scanned copy of uni degree & transcript.

My appointment was for 8:30 am, so I rocked up at 8am, and went through security and by 8:15 I was at the first window where I handed in my LCA, Passport, Envelope, Receipt, Job Offer Letter.

I was then called to the second window by 8:29. I was asked the following questions....

"What uni did u go to?"
"Who are u reporting to?"
"What's this job about and are they a legit employer?"

I was approved and out the door at 8:32.

I then received the Visa affixed to my passport in the mail at 9am the following morning.

My tip is. Be over prepared by having all your docs, grab an early session and rock up early as possible.

Finally, I have one more question:

When I get to LAX, all I show is my passport with the E-3 visa in it right? There's no other forms I have to show them besides the ones u get on the plane?

Cheers

lifehouse51

I'd recommend still bringing a copy of your LCA approval and job offer letter, just in case you need to show the agent. Otherwise than that and the passport/visa, there's nothing really special to bring with you.

geckoid

Hi all,

Great forum. I have a specific question about status.

I have an E3 valid until 12/7/11.
My LCA is valid until 14/8/11 and my company has a new LCA after that one, running to circa August 2013.
I-94 is stamped until 14/8/11.

My next visa appointment in Vancouver is 28/7/11.


Am I able to keep working in the US until my appointment on 28/7/11?; or do have I have to cease employment in the US on 12/7/11 and 'camp out' in Canada until my visa appointment a few weeks later?

Thanks in advance to anyone who can advise.

nani

Has anyone applied for E3 extension via uscis this year? Can you please share your experience. How long did it take uscis to adjudicate your case. Thanks.

flaz

Hey! Has anyone recently gotten an E3 in Mexico City? Not sure if they process this visa category there.

Would love to know. Thanks!