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Re: E-3 Visa for Australians Thread- It's all in here
Hi!
I know this is a long shot but I thought I would ask any way. Through a work colleague of mine, I have recently been offered a chance for a job in my specialized field of fibre optic design in the USA. Normally this position requires a degree, but given I have 7 years of working history and completed a couple of short courses relevant to the field of work, they are still interested in hiring me regardless of my lack of degree. My question is, is there any possibility that I could be eligible at all for a E-3 working visa given my position? Thanks! |
Re: E-3 Visa for Australians Thread- It's all in here
Originally Posted by monsieurmilk
(Post 10718574)
Hi!
I know this is a long shot but I thought I would ask any way. Through a work colleague of mine, I have recently been offered a chance for a job in my specialized field of fibre optic design in the USA. Normally this position requires a degree, but given I have 7 years of working history and completed a couple of short courses relevant to the field of work, they are still interested in hiring me regardless of my lack of degree. My question is, is there any possibility that I could be eligible at all for a E-3 working visa given my position? Thanks! |
Re: E-3 Visa for Australians Thread- It's all in here
Hi!
My E3 visa was approved last Wednesday and I am waiting for my passport to be delivered in Sydney. The e parcel tracking number was 'approved' on 23rd May, and the status on Australiapost.com is 'lodged'. It is now Saturday 25th of May and obviously Australia post do not deliver on weekends. What is everyone's wait time on getting passports back from the US consulate in Sydney? I need to be back at work on Tuesday, so I am hoping it arrives on Monday 27th of May. Any insight is greatly appreciated! Thank you, |
Re: E-3 Visa for Australians Thread- It's all in here
Originally Posted by ltdrebin
(Post 10711946)
Hi,
Firstly apologies as I know some of this has been covered in older threads but I was hoping to get a more up-to-date experience/response if possible. I am 39 year old Australian citizen that is currently in the US working on an L1-A visa with a multinational whom I've worked for ~8 years with (almost entirely in Sydney.) I transfered from Australia without issue or hassle and the visa process was very straight forward. I have a wife and 4 children who are planning on joining me shortly in the US as part of my relocation. Recently I've been given an opportunity to join another company in a new (and much more senior capacity) C-level role based in the companies San Francisco offices. This company is New Zealand headquartered, with offices in Australia, UK, Canada, and the US. They are publicly listed and have a substantial market cap and employ several hundred employees around the world. They have suggested that switching to an E-3 visa would be the most straightforward and uncomplicated way to do this but that I'd most likely have to go back to Australia for the interview/interim period (depending on when I quit my current role etc etc and assuming that my current company will void my L1 immediately..which I presume is the case.) Anyway the big question on my side is I see that a bachelors degree is required as a minimum and I don't have one. I have a number of other qualifications including an executive mba from INSEAD (Singapore) which my current company sponsored. Now I also noticed that they may/will take into consideration work experience in lieu of a bachelors degree on a ration of 3 years experience to 1 year of college. I was mainly wondering 1) what are the chances of work experience being a valid offering for this type of role (I have 8 years at my current company, and over 6+ years running my own company prior to that..in a capacity directly related to the role I'm seeking with this new company in the US.) and 2) if i completed 2 out of the 3 years of my University degree (it was in Australia, so was a 3 year degree) but had to drop out due to family reasons and never 'needed' to return, will there be any acknowledgment or credit for that? I have heard of companies in the US that do 'work experience' evaluations for University comparisons etc and I know several posters here over the years seemed to have obtained their E-3 visas based on work experience. Anyway..sorry for waffling on..i'm at the stage where I want to put 'pen to paper' and accept this offer with the new company but am really worried that if I give up my current role (and L1) visa and do not get approved for the E-3..i'll really be in a predicament!! Appreciate any tips/thoughts/experiences.. Cheers, Ltdrebin p.s I'm also a Canadian citizen so I have the option of flying up to Canada to have my interview instead of flying back to Sydney..not sure if thats a better option for any reason besides being closer? |
Re: E-3 Visa for Australians Thread- It's all in here
Originally Posted by ian-mstm
(Post 10713711)
If it was full-time study, you bet it counts! Do you have a piece of paper that says you have an eMBA? The grunt examining your paperwork won't likely know the difference...
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Re: E-3 Visa for Australians Thread- It's all in here
Originally Posted by habeascorpus
(Post 10723488)
My E3 visa was approved last Wednesday and I am waiting for my passport to be delivered in Sydney. The e parcel tracking number was 'approved' on 23rd May, and the status on Australiapost.com is 'lodged'. It is now Saturday 25th of May and obviously Australia post do not deliver on weekends.
What is everyone's wait time on getting passports back from the US consulate in Sydney? I need to be back at work on Tuesday, so I am hoping it arrives on Monday 27th of May. Despite the consulate now handling the return postage of your passport themselves, you can still provide an Express Post envelope (at your own expense) - and they will use it just like they used to. For my last E-3 in Sydney, my appointment was about 10am one day. Passport was delivered to the Gold Coast around 9am the next morning. For me, the ~$5 extra it costs is worth every cent! |
Re: E-3 Visa for Australians Thread- It's all in here
Has anyone experienced any longer than usual delays waiting for an e3 at Ottawa? applied last Tuesday, one week later still haven't heard anything even though they told me processing would take 3 business days at my interview...
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Re: E-3 Visa for Australians Thread- It's all in here
Hey All.
First time E3 applicant here, already did the lengthy process of finding a job and getting the visa in Sydney which I was super stoked about. So now I just have some questions that hopefully can get answered. When I arrive next in the US, when I get to the port of entry, what would be some wise things to say to the questions ill be asked? Like the "What is the purpose of your visit" and "How long will you be staying" and what are some of the other questions I may get asked? Would I be asked to show anything besides the LCA? Anything like my academic credentials or similar? I realise I have to show intent of returning to Australia, so the only thing I could think of was to be upfront about the fact this is temporary and such and say something like "I am temporarily relocating to the USA and working for the company as per my VISA." Having entered in on the B1/2 visa and been through an intimidating process the first time, I just wanted to know what to expect so I can better prepare myself, so anything anyone could add in terms of what I will be asked would be fantastic. Cheers. |
Re: E-3 Visa for Australians Thread- It's all in here
Originally Posted by blue_dingo
(Post 10749721)
When I arrive next in the US, when I get to the port of entry, what would be some wise things to say to the questions ill be asked? Like the "What is the purpose of your visit" and "How long will you be staying" and what are some of the other questions I may get asked? Would I be asked to show anything besides the LCA? Anything like my academic credentials or similar?
I realise I have to show intent of returning to Australia, so the only thing I could think of was to be upfront about the fact this is temporary and such and say something like "I am temporarily relocating to the USA and working for the company as per my VISA." I will recommend carrying a copy of the LCA with you, as well as a job offer letter and small copy of your diploma, in case the question ever arise regarding your academic qualification. I never got asked to show those documents myself in the past. |
Re: E-3 Visa for Australians Thread- It's all in here
Hi all,
I've lurked through a fair amount of this thread, but haven't found a similar question yet. Another Aussie going through the E-3 process, doing most of the paperwork myself. DS-160 completed (while it definitely is possible to submit without a complete LCA reference number, I'm waiting until that's complete) & just about to book in at the consulate. My question is in regards to prevailing wage: I'm joining an existing startup in the US, and my role is fairly general given that it's early days still. Furthermore, we want to keep cash burn on salaries as low as possible, so from the companies perspective, I'm at liberty to pick my job title, to keep things as cheap as possible, while still getting me in the country. The main sticking point I get to is that I'm wondering how flexible the definition of a "required undergraduate degree" is. My degree is BSc(Computer Science) from UniMelb, and I need to find a job that fits that. All data from http://www.flcdatacenter.com/ For example: NAICS 15-1151.00 - "Computer User Support Specialists" - Is a bit light on the education requirement for the positon but a significantly lower salary requirement. From the link below: "JobZone Three: Medium Preparation Needed - Education: Most occupations in this zone require training in vocational schools, on-the-job experience, or an associate's degree. Some may require a bachelor's degree. " (SVP Range 6 < 7, http://www.flcdatacenter.com/JobZone.aspx#3 ) Link: http://www.flcdatacenter.com/OesQuic...ar=13&source=1 NAICS 15-1131.00 - "Computer Programmers" - higher salary, but higher education requirements as well. (SVP Range 7 < 8, http://www.flcdatacenter.com/JobZone.aspx#4 ). Link: http://www.flcdatacenter.com/OesQuic...ar=13&source=1
Apologies for the barrage of questions. Thanks in advance for any assistance. I'm compiling a list of applicable job types for CS students, with their associated prevailing wages in San Francisco, if that is of use to anyone. Best, Fra |
Re: E-3 Visa for Australians Thread- It's all in here
Originally Posted by fra
(Post 10750199)
The main sticking point I get to is that I'm wondering how flexible the definition of a "required undergraduate degree" is.
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Re: E-3 Visa for Australians Thread- It's all in here
Originally Posted by retzie
(Post 10750569)
Not flexible at all. The whole point of the specialist work visas is that the position must require you to be specialised. The only flexibility is that your specialisation can be evidenced by relevant work experience instead of a degree. The fact that you need to have specialised in some way is not negotiable at all.
Hmm. Thanks for the response, Retzie. I guess my question is more about where the line sits in determining what qualifies as "specialised" position. Is education level "(SVP Range 6 < 7, http://www.flcdatacenter.com/JobZone.aspx#3 )" enough for a position, with the ambiguous term of phrase "Some may require a bachelor's degree."? Or does the position have to be education level "(SVP Range 7 < 8, http://www.flcdatacenter.com/JobZone.aspx#4 )." or higher to get past LCA application? Digging into the legals: http://www.nafsa.org/_/file/_/amresource/8cfr2142h.htm Criteria for H-1B petitions involving a specialty occupation -- 214.2(h)(4)(iii)(A) (A) Standards for specialty occupation position. To qualify as a specialty occupation, the position must meet one of the following criteria: 214.2(h)(4)(iii)(A)(1) (1) A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position; 214.2(h)(4)(iii)(A)(2) (2) The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree; 214.2(h)(4)(iii)(A)(3) (3) The employer normally requires a degree or its equivalent for the position; or 214.2(h)(4)(iii)(A)(4) (4) The nature of the specific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree. I guess my question is also: Has anyone else been able to apply & receive an E3 for a job that is classified as "SVP Range 6 < 7, http://www.flcdatacenter.com/JobZone.aspx#3 "? (Common ones include: 15-1151.00 Computer User Support Specialists, 15-1199.03 Web Administrators, 15-1134.00 Web Developers). Any thoughts/help much appreciated. Cheers, Fra |
Re: E-3 Visa for Australians Thread- It's all in here
Hi everyone,
My husband is a self-taught computer programmer with no university qualifications. He was recently contacted by a recruitment company in Chicago (through his Linkedin profile) and has subsequently been interviewed for and offered a software developer position with a company in Chicago. They have applied for and had the LCA approved. The position description clearly states that a Bachelor's degree is a normal requirement for the position and he will be paid well above the average salary for that position. I have read and understood all of the rules regarding the need to prove 12+ years of experience in lieu of a Bachelor's degree as a mandatory requirement for the E3 visa. My husband does not have 12+ years of paid employment, although he has been programming computers since the early 90's. He is obviously qualified for the position otherwise the company would not have offered it to him. The technical lead at the company in Chicago is willing to write a letter of support indicating that my husband was the only one who successfully passed their technical test and that the code he wrote shows without doubt that he has the necessary skill set. We are also in the process of collecting other letters of recommendation supporting my husband's work experience. From everything I have read, the hardest part of this process for most people is finding a job and employer to sponsor them. For us, that was the easy part, we didn't even need to seek it out. But I'm having trouble finding any evidence of people who have successfully been granted a visa based on their work experience alone. The recruitment company were the ones who told us about the E3 visa. My husband told them straight up that he didn't have a degree, the said, no worries you are clearly exceptionally good at what you do. I'd just like to hear from anyone who has been successful with their visa application based purely on work experience, so we can work out whether we even bother going for the visa, despite already having the job offer. Much appreciated guys. |
Re: E-3 Visa for Australians Thread- It's all in here
Originally Posted by fra
(Post 10750794)
I guess my question is more about where the line sits in determining what qualifies as "specialised" position.
Since you are essentially trying to game the system, I suggest your employer retains competent counsel if they'd like it to work. |
Re: E-3 Visa for Australians Thread- It's all in here
Originally Posted by retzie
(Post 10752315)
You're definitely well into immigration lawyer territory here. I can't say I have the slightest idea what SVP range I've ever been on, nor, I'd imagine, would many other visa holders.
Since you are essentially trying to game the system, I suggest your employer retains competent counsel if they'd like it to work. If anyone else out there has been able to do the following:
Originally Posted by fra
apply & receive an E3 for a job that is classified as "SVP Range 6 < 7, http://www.flcdatacenter.com/JobZone.aspx#3 "? (Common ones include: 15-1151.00 Computer User Support Specialists, 15-1199.03 Web Administrators, 15-1134.00 Web Developers).
Cheers, Fra |
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