E3 to Green Card
 

Hi,
I am in US on E3 visa (for Australian citizens) and I am wondering if I can apply for a green card? What is the process? I am unable to find any information on this. Can someone please help me.

I am an Australian citizen (Indian origin) and am working in US on E3 visa.

Thanks,
Arvind

Re: E3 to Green Card
 

It's amazing what a quick search will turn up:

http://britishexpats.com/forum/showthread.php?t=328064

Re: E3 to Green Card
 

You've not been very helpful just quoting a long thread on the E3 in general when the original poster has a specific (and very relevant) question.

Re: E3 to Green Card
 

Arvind,

An individual in E-3 status may certainly pursue a green card.

The main question is how do you qualify for a green card? What route are you eligible under to pursue a green card?

In most cases an individual obtains a green card either through a family-based option or an employment-based option.

Family-based options include marriage to a US citizen, parents who are US citizens, child over 21 who is a US citizen, marriage to a green card holder, sibling who is a US citizen etc. See:

http://travel.state.gov/visa/frvi/bu...etin_1360.html

If there is no family-based option, then we can look at potential employment-based options.

First there are the EB-1 options:

(1) Extraordinary Ability Individual;
(2) Transferring Manager or Executive;
(3) Outstanding Researcher or Professor.

If you qualify under one of the EB-1 designations, you can skip any labor certification process and testing of the US labor market through an ad campaign and filing with the DOL (PERM process).

If you do not fall under one of the EB-1 designations, the most common route to a green card then is a three-strage process based on a permanent job offer from a US company:

DESCRIPTION OF THE LEGAL PERMANENT RESIDENCY PROCESS

The permanent residence process includes a three-part procedure involving the U.S. Department of Labor (DOL), Citizenship and Immigration Services (USCIS), and the U.S. Department of State (DOS). The following are the three stages:

Stage I: DOL – Application for Employment Certification (PERM)

This stage involves the submission of an application for employment certification to the labor department. The PERM process involves showing that the wage offered to the alien will not adversely affect the wages and working conditions of other U.S. workers in similar positions and that there are no U.S. workers who are able, willing and qualified to work in the position offered. The DOL’s review includes an examination of the prevailing wages paid to U.S. workers in the position offered, and a “testing” of the market place for potential applicants through advertising and newspapers and magazines, as well as a posting of a notice of job availability at the employer’s place of business.

Stage II : USCIS - Petition for Immigrant Worker (I-140)

This stage involves the submission of a petition to the USCIS, which makes a review of the alien's education and work experience to determine if the alien qualifies for the position. Proof of the alien's education and experience is required, which may include documents such as letters from previous employers, diplomas, membership of professional association certificates, etc. These documents must prove that the alien possesses the requisite minimum requirements to perform the job duties as described in the AEC.

Stage III : Application for Permanent Residence (2 Options)

Option 1: DOS - Immigrant Visa Processing (IVP) (recommended)

This stage involves the submission of personal information about the alien and their family members to the U.S. Consulate in the alien's home country. Proof of birth, marriage, divorce, as well as a police report, submission of a medical examination, and discharge certificate from the military, if applicable, are required. These documents are provided to a consulate officer at an interview where the alien is issued an immigrant visa for admission to the United States as a permanent resident.
Or



Option 2: USCIS - Adjustment of Status (ADJ)

This stage is done by petition to the nearest service center of USCIS. Simultaneous with filing this petition for ADJ, we also file for permission to travel pending adjustment approval AND for employment authorization pending completion of the process. Until the employment authorization document and the travel permits are actually issued (approximately 90 days after filing) the alien and his/her family are restricted from leaving the U.S.


** STAGE II AND STAGE III, OPTION 2, MAY ALSO BE DONE
AT THE SAME TIME**

Concurrent Filing: USCIS Form I-140, Immigrant Petition, is simultaneously filed with Form I-485, Application to Adjust Status. Both forms, together with the appropriate filing fees and required supporting documentation, are filed with the regional USCIS Service Center having jurisdiction over the beneficiary’s place of work. Additionally, Form I-131, Application for Advance Parole (travel authorization), and Form I-765, Application for Employment Authorization, may also be filed at the same time. Interim work permits and travel permission (advance parole) benefits available to each family member.

The benefits of this option include the preservation of status based on the I-485 filing for those whose temporary visa status will soon expire and relief from an obligation to maintain or renew temporary visa status, such as E-3, TN, H-1B, or L.

Regards,

Andrew M. Wilson, Esq.
Serotte Reich Wilson, LLP
[email protected]
www.srwlawyers.com

Re: E3 to Green Card
 

I think the specific question is whether an E-3 holder may benefit from the concept of "dual intent" and pursue a green card while not jeopardising E-3 status.

Re: E3 to Green Card
 

An E-3 may pursue permanent residency w/o conflicting with any dual intent issues. Pursuing permanent residency is not limited to those in either L-1 or H-1B status. This is particularly true if the indiviudal goes through immigrant visa processing rather than adjustment of status for the final stage.

Andrew M. Wilson, Esq.
Serotte Reich Wilson, LLP
[email protected]
www.srwlawyers.com

Re: E3 to Green Card
 

Can you elaborate more on this immigrant processing rather than adjustment of status. When a person is employed in E3, if the same the company file for I-140 , when its approved, what will be the next step if the person did not adjust the status, he needs to go back to his country and enter US again as permanent resident?

Re: E3 to Green Card
 

abboy wrote on 03/05/07 18:07:

>> An E-3 may pursue permanent residency w/o conflicting with any dual
>> intent issues. Pursuing permanent residency is not limited to those
>> in either L-1 or H-1B status. This is particularly true if the
>> indiviudal goes through immigrant visa processing rather than
>> adjustment of status for the final stage.
>>
>> Andrew M. Wilson, Esq.
>> Serotte Reich Wilson, LLP
>> [email protected]
>> www.srwlawyers.com
>
> Can you elaborate more on this immigrant processing rather than
> adjustment of status. When a person is employed in E3, if the same the
> company file for I-140 , when its approved, what will be the next step
> if the person did not adjust the status, he needs to go back to his
> country and enter US again as permanent resident?

Search Google for "Consular Processing".

Re: E3 to Green Card
 

Immigrant visa processing is when you proces for your green card at the US consulate in your home country. It generally requires a 1-2 day trip back to your home country for your interview.

This stage involves the submission of personal information about the individual and his family members to the U.S. Consulate in his home country. Proof of birth, marriage, divorce, as well as a police report, submission of a medical examination, and discharge certificate from the military, if applicable, are required. These documents are provided to a consulate officer at an interview where the individual is issued an immigrant visa for admission to the United States as a permanent resident.

The differences between Consular Processing and Adjustment of Status are:

Consular Processing of immigrant visa is generally quicker than Adjustment of Status

Consular Processing of immigrant visa must be processed in your foreign country of residence or country of birth. You must reside in the U.S. to apply for Adjustment of Status

You may not apply for work permit or advance parole if you have applied for Consular Processing of immigrant visa. Adjustment of Status has the privilege of Work Permit and Advance Parole

If you apply for Consular Processing of immigrant visa, you must do it through the consulate of the country of last residence or country of birth for an interview and medical exam. If you apply for Adjustment of Status, you need to take fingerprints and physical exam in the U.S.


Regards,

Andrew M. Wilson, Esq.
Serotte Reich Wilson, LLP
[email protected]
www.srwlawyers.com

Re: E3 to Green Card
 

Andrew Wilson wrote on 03/06/07 07:15:

>> abboy wrote on 03/05/07 18:07:
>>
>>>> An E-3 may pursue permanent residency w/o conflicting with any dual
>>>> intent issues. Pursuing permanent residency is not limited to
>>>> those
>>>> in either L-1 or H-1B status. This is particularly true if the
>>>> indiviudal goes through immigrant visa processing rather than
>>>> adjustment of status for the final stage.
>>>>
>>>> Andrew M. Wilson, Esq.
>>>> Serotte Reich Wilson, LLP
>>>> [email protected]
>>>> www.srwlawyers.com
>>> Can you elaborate more on this immigrant processing rather than
>>> adjustment of status. When a person is employed in E3, if the same
>>> the
>>> company file for I-140 , when its approved, what will be the next
>>> step
>>> if the person did not adjust the status, he needs to go back to his
>>> country and enter US again as permanent resident?
>> Search Google for "Consular Processing".
>
> Immigrant visa processing is when you proces for your green card at the
> US consulate in your home country. It generally requires a 1-2 day trip
> back to your home country for your interview.


More than 1-2 days. The medical has to be done abroad as well, and it can take
more than 2 days to get the results.
There may also be name check delays.
Count on at least 1 week.
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.

Re: E3 to Green Card
 

Thank you for your prompt reply. You mentioned that one only need to go back for medical exam and interview? then one can come back to US and continually be employed in E3 while waiting for it to be processed? then go back again once its approved and come in to US as PR?

Re: E3 to Green Card
 

Thank you for your reply too, Andrew and you have been a great help in giving advice and options.

Re: E3 to Green Card
 

Hi, I am on E-3 for almost 2 years now and thinking to apply for the green card. But our lawyer says I have to be transfered to H-1B if I want to apply for green card as E-3 is not a dual intent visa. They said if they file I-140 while I am on E-3, it is possible that the USCIS (or any US embassy) won't extend E-3 if I-140 is not approved within the valid term of your current E-3. Does someone has similar situation, and what can I do?

Re: E3 to Green Card
 

My cousin is able to get GC from E3 without transferring to H1B. She has 15 years work experience and in senior management.

Re: E3 to Green Card
 

Thanks abboy, but do you know did she ever need to extend her E-3 in the middle of GC process?