Trump Unveils 'Full Border Security & Merit-Based' Immigration Plan
On May 16, 2019, President Trump unveiled a new immigr
The E-3 classification is a nonimmigrant worker visa program, which is only available to Australian citizens. The spouses and children of beneficiaries of this visa are also allowed entry into the United States. There are several advantages to the E-3 visa. For starters, the spouses of E-3 visa beneficiaries can work in the United States without restrictions unlike non-immigrant visas such as the TN visa. Moreover, the E-3 visa can be renewed indefinitely.
Created on May 2005 by the United States Congress, and signed by then President George W. Bush, the E-3 visa allows 10,500 Australian citizens entry into the United States on specialty occupational purposes yearly. The visas issued to children and spouse of E-3 visa beneficiaries are not included in the 10,500 annual quota. Furthermore, the children and spouses of the beneficiary need not be Australians.
U.S. Citizenship and Immigration Services (USCIS) define specialty occupation as an occupation that requires the theoretical and practical application of a body of knowledge in professional fields and at least the attainment of a bachelor's degree, or its equivalent. Occupations in the fields of law, education, business specialties, architecture, accounting, medicine and health, mathematics, engineering, chemistry,biotechnology, theology, the arts,the social sciences, and the physical sciences are examples of specialty occupations.
There are criteria an individual have to pass in order to be eligible for the E-3 visa.
Australian nationals can apply for the E-3 visa while in the United States. To do so, an application for a change of status using the Form I-129, Petition for Nonimmigrant Worker must be filed. This will enable the individual to acquire the E-3 nonimmigrant temporary worker classification.
The Form I-129, Petition for Nonimmigrant Worker must also include
The procedures here are similar to application proceduresfrom within the United States. The beneficiary will have to apply using a Form I-129 along with the necessary supporting documentations. Once the USCIS has approved the Form I-129, they will forward a Form I-797 to the employer. The employer will then forward the Form I-797 to the beneficiary. The Form I-797 is a Notice of Action/Approval and not a visa. As such, the individual will have to apply for the visa at a U.S. consulate or embassy in the individual’s country of residence.
According to the Section 221(g) of the Immigration and Nationality Act (INA), applicants should allow 60 days after the visa interview for application to be processed.
The E-3 visa allows the beneficiary, his/her spouse and unmarried children under the age of 21 to stay in the United States for an initial two years. This period of stay can then be extended two years at a time indefinitely. There is no maximum number of extensions allowed, although there are exceptions. In order to extend the period of stay, a Form I-129 is used.
Under the E-3 classification, both the beneficiary’s unmarried children under 21 and spouses are allowed entry into the United States, as long as the E-3 visa holder’s visa is valid. The spouse is eligible to apply for employment authorization; the children, on the other hand, are not. The spouse has to file a Form I-765, Application for Employment Authorization when applying for work authorization.
In order to change jobs while under E-3 classification, the new employer has to file a new E-3 visa application and LCA. In addition, the gap between the old job and the new job has to be at least 10 days. In order to change jobs, a Form I-129 is used.
The E-3 visa has several advantages over other nonimmigrant worker visa programs such as the H-1B visa program.