meauxna

What?

http://canberra.usembassy.gov/e3visa.html


I think you should do a little bit more homework first. We don't encourage people to make a list of documents that you should take with you.

ian-mstm

I'm not aware that any US Embassy web site anywhere in the world, charges for information.


Not unless and until you're asked to... and they may never ask.


Do you have a US company willing to sponsor you?

Ian

lifehouse51

Sponsoring E-3 is simpler because there's no need to petition to the USCIS as in the case for H1B. The company may still wanna hire a legal representative to fill out the Labor Condition Application, which is actually not very hard to fill, but just to make sure the details are right (especially the part about prevailing wage). After that, the company should also prepare a letter supporting your application, with info such as qualification need for the job, job duties, an overview of the company etc (My letter was approximately 1.5 page long, so it doesn't have to be crazy long)

My sense is that you have lived in Australia for a long time and it's probably a place you now call home. Double check to make sure Germany doesn't allow dual citizenship. If it allows, why not get both?

Well, it's not entirely true, it's still much simpler to hire a US citizen or Permanent resident, but E-3 does make things simpler. You may want to emphasize the similarities between E-3 and TN (Although they are quite different, but employers are more familiar with TN as it has been around for a while).

E3only

1. I don't think so you will need certificates, I didn't. Seems like you have the degree(s) and the experience. Your job in US needs to be in line with your education and should be a specialized role.

2. What does your US employer (lawyer) say?

3. I am not sure if you are looking at the right website. Never pay money for information!

kriggles33

HI

I was explaining that when I booked my appt online, it was hoping it will give me an appt in a weeks time (at least) however, it gave me an appt time in about 3 weeks.

I attended my visa appt in Vancouver last Friday (March 18), I was able to get
my visa/passport 2 working days after - March 22 (some Canadian Consulates may issue
in one business day according to the link I provided u) at a DHL office in Vancouver.
YOu have an option of having your passport delivered to your hotel/address which may take
3 working days (all up)- I guess that's why it says 3 days on the visa wait times website for Vancouver consulate.

I was surprised that
I was not turned down by the Consulate staff in Vancouver- even though I was applying
for my INITIAL E-3 visa. They seem to know /familiarized about E-3 visas nowadays compared
before.

Im in LA now, flew in from Vancouver yesterday -March 23.

All the best.

E3only

Good luck.

ReneeNYC

Hi everyone,

I have had the E-3 since 2006, and am currently in the midst of renewing again. I chose the Service Center option as I don't want to fly to Canada to have someone make a decision on the spot.

This is a comment, more than a question....having been through this process (renewal) twice already, I really feel that the E-3 visa is not a great visa to be on. I know we should be grateful that we have our own visa classification -- and don't come close to using 10,000 a year so there is never a shortage -- but this 2 year limit is frustrating, b/c the 240 day rule does not apply to us.

The reality is, if you work for a big organization, this is an 18 month visa. It takes months for a big company to pass all the papers around and get signatures, apply for the LCA etc....by the time they actually file your petition with the Service Center they leave you with 2-3 months, and b/c processing time is very unknown, you can face the problem of having your visa expire before the approval comes back.

If you are coming up for your 3rd renewal, going to Canada for the approval is not an attractive option. If you get refused b/c you don't appear to be, in fact, "temporary", (very subjective), then don't we face being put on the next plane home? If you've laid down a life in the US in the few years you've been here, next plane home is quite a significant personal and financial blow.

I know there has been discussion on here that some company lawyers think the 240 day rule applies to us, but it doesn't, and most company lawyers know this. (At least mine does).

Determined to prove my company lawyer wrong since there is conflicting opinions out there, I found a document dated Oct 10 2010 on the USCIS website that does in fact confirm that it does not apply to us.

The document on the USCIS website is from the "USCIS American Immigration Lawyers Association (AILA) Meeting, October 12, 2010".

It states that the American Immigration Lawyers Association has asked the USCIS to amend §274A.12(b)(20) [the “240-day rule”] to include E-3s (plus H-1B1 -- Chilean and Singapore -- visa category), however the USCIS response (to many AILA requests in the document) is generic:
"USCIS will review these issues as part of our Policy Review Working Groups".

I also found a document dated back to 2008 that the USCIS initially requested for E-3s to be added to rule §274A.12(b)(20) back then, so the USCIS is obviously moving slow on this request.

In that document the AILA argues:

"AILA respectfully renews its request to expand premium processing to H-1B1 and E-3 nonimmigrants for initial, extension and change of employer petitions to ameliorate the continuing hardship experienced by E-3 nonimmigrants who are not eligible to automatically extend their work authorization for 240 days after the timely filing of a petition to extend to their status as most other nonimmigrants are under 8 CFR 274.a12(b)(20).16
Until 8 CFR 274a.12 is amended to include E-3 nonimmigrants these individuals and their employers are subject to forced and costly interruptions in employment."

Hear, hear!

Sorry for the rant. Just feeling frustrated and needed to vent.

retzie

This is a very good point. I am currently facing a likely change of employer and I'm a bit worried that they see 'indefinitely renewable' as meaning 'permanent solution.' I am only on my second E-3, never having had any sniff of a problem showing my lack of immigrant intent (ConOff: "Are you going to leave after your job?", Me: "Yes" ) I am very interested to see how much more difficult this gets down the line - I don't actually have any immigrant intent, but I can see it will become harder to prove.

So yes, this is a privilege, but its set of conditions is deceptive...

lifehouse51

Not only is the USCIS processing time is unpredictable. How CBP handles things also varies.

When I first entered with my E-3, I was given exactly two years from the date of entry.
When I left and re-entered with the same E-3, this time the I-94 expires on the expiry date of my VISA stamp.
I have read that others have been given two years on their I-94 for the initial and each subsequent entry.

E3only

My wife recently re entered US and was given I94 2 years from the date of re entry.

lifehouse51

For my first entry (At LAX), the agent told me that for E category visas, he usually issued the I-94 with the maximum validity from the date of entry.

For my second entry (At JFK), I got a feeling that the agent wasn't sure, and so put the date of visa expiration as the I-94 expiry date. I was kinda hoping that he would put two years from the entry date, so that way I wouldn't have to reapply for another visa/extend my status with USCIS so soon.

ReneeNYC

How do you figure? As noted in my above post, you have to begin the renewal process 4-6 months before your visa expires if you do it internally. If you seek approval externally (Canada), you still have to do it before your visa expires......if you wish to continue employment at your firm seamlessly that is. Otherwise you are falling out of status, as the 240 day rule does not apply to us.

I'm not following your theory...but i certainly don't know everything

lifehouse51

Some people have been given a fresh 2 years on their I-94, from the date of each entry to the U.S., instead of until the visa expiration date.

Imagine if your visa expires in March 2011, and you exit the U.S. and re-enter in Jan 2011, your I-94 will be valid until Jan 2013 instead of March 2011. This is in a way "extending" the length of time before you need to renew your E-3 status/visa, provided that you don't exit the U.S. anytime between Jan 2011 and Jan 2013. If my assumption is correct, all you need is have the company submit a new LCA in order to continue working until 2013.

This is particularly important to someone like me, who will be working for exactly 4 years for an employer. It will be nice to use two E-3's instead of three to cover the employment period.

nani

I-94 has nothing to do with the validity of your E3 visa. You MUST apply for extension of your E3 regardless of your I-94 expiration.

If your E3/LCA expires Nov 1 2011 and your I-94 expires Nov 1 2012, you still need to apply for E3 extension before Nov 1 2011. And unlike H1, you cannot continue work on E3 until you have your extension approved so you have to apply 6 months in advance if you want to try extending it via uscis.

Consult an attorney if you are unsure.

ReneeNYC

So I think what LightHouse was saying is that you wouldn't have to leave the country to get your Visa put in your passport, if you successfully file your LCA and Petition and receive your Approval Notice (I-797 Notice of Action), before visa expiration?

If you stay in the country, your Approval Notice is all you need to continue working. So I think s/he was saying you wouldn't have to pay for a trip abroad for your visa if you were planning to stay in the country the whole two years and file internally.....Is that right LH?

It does take more than just having your "company submit a new LCA in order to continue working"....you need to go the next step, file the petition and the LCA (internally), and get that Approval Notice back, which supports your "renewal/extension".

But you're right...if your I-94 is valid for the next few years then you wouldn't have to leave the country and therefore have the official visa put in your passport (if you go the Service Center route for approval).