The E-3 visa is a non-immigrant program created by a trade deal negotiated between the United States and Australia. It provides Australian professionals with a simplified process for applying for an employment-based visa in the U.S., but it also comes with some strict requirements.
If your company intends to hire an Australian citizen through this program, the steps are simpler than many other employment visa options. That said, the guidance of a dedicated visa attorney could be invaluable. Talk to an E-3 visa lawyer as soon as possible.
There are four eligibility requirements when it comes to applying for an E-3 visa. First, applicants must be Australian nationals. Unlike most visas, which are generally handled in the U.S., these applications are considered upon receipt by the local consulate office.
These individuals need a legitimate offer of employment in the U.S. This requires some cooperation with the employer, either through an offer letter or a contract for employment.
Foreign professionals will need to possess at least a bachelors degree in a related field, or the work experience equivalent. Finally, they must fill a position that qualifies as a specialty occupation. An attorney could determine if all the E-3 visa requirements are present for a candidate.
One of the major benefits to employers considering E-3 visa applicants for open positions is the potential for transfers. Unlike some types of employment visas, it is possible for a professional currently holding an E-3 visa while working for another company to transfer employers without losing their legal status.
Hiring an employee who is currently working in the U.S. on an E-3 visa is a viable option for many companies, as the applicant does not have to leave the country to renew their visa. Instead, our E-3 visa attorneys could help them apply for a change of employer in the United States.
There are downsides to this approach, as a person who transfers to a new employer in this way would need to re-apply for a visa stamp if they ever returned to Australia. Many applicants opt to apply at the U.S. consulate in their home country when changing jobs. Either way, this process is often much faster compared to companies seeking professionals through the H-1B program.
One of the things the company needs to do is obtain a Labor Condition Application. These applications must be filed on behalf of foreign professionals seeking a visa. They are submitted to the United States Department of Labor and must attest to certain facts to be viable.
First, an employer must promise that non-immigrant professionals will be paid at or above the prevailing wage. Second, the company must show that hiring abroad will not negatively impact working conditions. The employer must also establish that there is no ongoing strike at the time the application is filed while providing notice to company professionals of the hire. A lawyer could ensure a Labor Condition Application is in place before seeking an E-3 visa for a prospective employee.
If your company intends to hire an Australian professional with an E-3 visa, you could benefit from hiring an attorney who understands this process. An E-3 visa lawyer could help you navigate this process. Call today to learn more.
