Key Takeaways:
- Individuals with an M2 visa can transfer to an E3 visa, offering work authorization and spousal employment opportunities.
- The transfer process involves securing a job offer, filing necessary applications, and attending a visa interview.
- Advantages of the E3 visa include work authorization, renewability, spousal employment, and less competition, but there are disadvantages to consider such as cost, no direct path to a green card, and dependency on employment.
Understanding the M2 to E3 Visa Transfer
Navigating the complex landscape of U.S. immigration forms and regulations can be daunting for many individuals. Among the plethora of visa types, individuals holding an M2 visa might consider the prospect of transferring to an E3 visa. This transfer could seem attractive, thanks to the E3 visa’s benefits and opportunities for certain Australian nationals. In this blog post, we will unravel the transfer process from an M2 to an E3 visa and weigh its potential pros and cons.
The M2 to E3 Visa Transfer Process
The M2 visa is a nonimmigrant visa that allows dependent spouses and children of M1 vocational students to live in the United States. On the other hand, the E3 visa is a nonimmigrant work visa specifically for Australian nationals. To transfer from an M2 visa to an E3 visa, an individual must be an Australian citizen and eligible for the E3 classification based on their job offer in a specialty occupation in the United States.
Here’s a step-by-step guide on how to make the switch:
- Secure a Job Offer: Before anything else, you must have a valid job offer from a U.S. employer in a field that requires a theoretical and practical application of specialized knowledge – typically a bachelor’s degree or higher (or its equivalent in work experience).
Labor Condition Application (LCA): Your U.S. employer must file an LCA with the Department of Labor. This is a critical document attesting to the fact that hiring an Australian national will not harm U.S. workers.
- Form DS-160: Complete the Online Nonimmigrant Visa Application (Form DS-160). Be prepared to provide information about your job offer and demonstrate your Australian citizenship.
Pay Application Fees: A fee payment is required for the visa application. Keep the receipt as proof of payment.
Schedule and Attend a Visa Interview: Make an appointment for a visa interview at the U.S. Embassy or Consulate. This step is vital to ascertain your eligibility for the E3 visa.
Prepare Documentation: Compile all necessary documents, including a valid Australian passport, job offer letter, Labor Condition Application from your employer, and your DS-160 confirmation page.
Enter the United States: If approved, you may then enter the United States with your E3 visa and commence employment.
Advantages of Transferring to an E3 Visa
The E3 visa comes with several significant advantages:
- Work Authorization: The most substantial benefit is the ability to work legally in the U.S. in a specialty occupation.
Renewability: The E3 visa can be renewed indefinitely in two-year increments, as long as you continue to meet eligibility requirements.
Spousal Employment: Spouses of E3 visa holders can apply for work authorization, which is not possible with the M2 visa.
Less Competition: There is a separate quota for E3 visas (10,500 each fiscal year), making it potentially easier to obtain than H-1B visas that have a more competitive cap.
Disadvantages to Consider
However, there are also some potential downsides to consider:
- Cost and Time: The transfer process involves fees and potentially long wait times for visa processing and interviews.
No Direct Path to Green Card: The E3 visa is not dual intent, which means it doesn’t offer a direct path to permanent residency (green card).
Dependency on Employment: Your stay in the U.S. is dependent on your E3 employment. If you lose your job, you might have to leave the country or find another employer quickly.
Conclusion
Transferring from an M2 to an E3 visa offers the chance to work in a specialty occupation and enjoy additional benefits not afforded by the M2 status. However, the transition requires careful planning and understanding of both the opportunities and limitations associated with the E3 visa. It’s essential to consult with an immigration attorney or check official resources like the U.S. Citizenship and Immigration Services or the U.S. Department of State for the latest information and guidance.
Still Got Questions? Read Below to Know More:
Can my partner work in the U.S. if I switch from an M2 to an E3 visa
If you switch from an M-2 to an E-3 visa status, the work eligibility rules for your partner will also change. As the holder of an M-2 visa— which is the dependant visa for those accompanying M-1 vocational or nonacademic students—your partner is not permitted to work in the United States. However, once you obtain an E-3 visa, which is a specific visa category for Australian nationals working in a specialty occupation, the situation is different for your partner.
An individual on an E-3D visa, which is the dependent visa for spouses and children of E-3 visa holders, can apply for work authorization in the United States. To be able to work, your partner must first file Form I-765, Application for Employment Authorization, with U.S. Citizenship and Immigration Services (USCIS) and receive the Employment Authorization Document (EAD). It’s essential to remember that your partner cannot start working until they have received their EAD.
You can find more information on the employment authorization for E-3D visa holders and the application process on the official USCIS website. Here is the direct link to the USCIS page for Form I-765, where your partner can find instructions on how to apply for the work permit: USCIS Form I-765.
Is there a way to attend university on an E3 visa, or should I remain on M2 for studying
The E-3 visa is specifically designed for Australian nationals who wish to work in a specialty occupation in the United States. To qualify for an E-3 visa, you must demonstrate that you have a legitimate offer of employment in the US and that your intended position requires specialized knowledge and a bachelor’s degree (or higher) in a field related to the position.
While the primary purpose of the E-3 visa is employment, you may attend school while on this visa as long as you continue to maintain your E-3 status, which means complying with the terms of your employment authorization and not abandoning your sponsored job position. Here’s a relevant quote from the U.S. Citizenship and Immigration Services (USCIS) regarding study on an employment visa:
“You may engage in part-time study on E-3 classification. However, the primary purpose of your stay must be to engage in employment as a specialty occupation.”
On the other hand, the M-2 visa is designated for dependents of M-1 vocational/student visa holders. If you currently hold an M-2 visa, you are allowed to study part-time in an elementary or secondary school (kindergarten through twelfth grade). For post-secondary or vocational studies, you would need to apply to change your nonimmigrant status to F-1 or M-1, respectively, through USCIS.
In conclusion, if you want to attend university full-time, you should consider changing your status to an F-1 student visa, as this visa is specifically designed for academic students. You can find more information and apply for a change of status on the USCIS website:
- For changing to F-1 status: Change of Status to F or M Student
- E-3 visa information: E-3 Certain Specialty Occupation Professionals from Australia
Remember, your current visa status and the university’s requirements and certifications will factor into what action you should take, so before making a decision, it’s recommended to consult with the International Students Office at the university you wish to attend or an immigration attorney.
Do I have to leave the U.S. to apply for an E3 if I’m currently on an M2 visa
Yes, if you’re currently on an M2 visa in the United States and wish to change your status to an E3 visa (which is a specialty occupation visa for Australian nationals), you will typically need to leave the country to apply. The U.S. Citizenship and Immigration Services (USCIS) generally requires individuals to apply for visas like the E3 from outside the U.S.
Here’s what you need to do:
- Find an E3 Sponsor: Secure a job offer from a U.S. employer willing to sponsor your E3 visa.
- Labor Condition Application (LCA): The employer must file an LCA with the U.S. Department of Labor. The LCA must be certified before you can apply for the E3 visa.
- Visa Application: Once the LCA is approved, you must apply for the E3 visa at a U.S. Embassy or Consulate in your home country or another country where you’re legally residing.
You can’t usually change from an M2 status (which is for dependents of M1 vocational students) directly to an E3 within the United States. This process requires consular processing – which means that a visa needs to be issued at a U.S. Consulate abroad. Once your E3 visa is approved, you can re-enter the U.S. under E3 status.
For more detailed information, visit the official websites:
- USCIS’ Change of Status page: USCIS Change of Status
- U.S. Department of State’s E3 Visa page: E3 Visa Information
Keep in mind, immigration laws can be complex and subject to change, so it’s a good idea to consult with an immigration attorney or a qualified expert to guide you through the process specific to your situation.
What if I find an employer willing to sponsor my E3? Can I start working before the visa is approved
If you find an employer willing to sponsor your E-3 visa, that’s a great first step toward working legally in the United States if you’re an Australian citizen. The E-3 visa is specifically for nationals of Australia going to the U.S. to work in a specialty occupation. However, you cannot start working for your sponsor before your E-3 visa is approved. The application process involves several key steps:
- Labor Condition Application (LCA): Your employer must file an LCA with the Department of Labor (DOL) and receive certification. This step ensures that you will be paid at least the prevailing wage for your role in the specific geographic location.
Visa Application: Following LCA approval, you must apply for the E-3 visa at a U.S. Embassy or Consulate in Australia. You need to complete the Online Nonimmigrant Visa Application (Form DS-160), schedule a visa interview, and prepare the required documents, which include the approved LCA, a job offer letter from your prospective employer, and proof of your qualifications.
Approval and Travel: If your visa is approved after the interview, you will be able to travel to the U.S. and start working with the sponsoring employer.
It’s essential to wait until you have your visa approved before commencing employment because working without proper authorization could lead to violations of U.S. immigration laws and potentially bar you from future immigration benefits.
For more information on the E-3 visa application process, you can visit the official U.S. Visa Information and Appointment Services website U.S. Embassy & Consulates in Australia and the Department of State’s Travel website with information on the E-3 Visa. These resources provide authoritative and up-to-date guidance for E-3 visa applicants.
How does having kids impact my chances when transferring from M2 to E3
Having children can impact your immigration process when transferring your status from M-2 to E-3 visa in the United States, mainly in terms of the documentation required and the additional considerations for their status. The E-3 visa is specific to Australian nationals who wish to work in a specialty occupation in the U.S.
Family Impact on E-3 Visa Transition:
– Dependents: Your children can be included as dependents in your E-3 visa application. On an E-3 visa, your spouse and unmarried children under the age of 21 can get E-3D (dependent) status.
– Application Adjustments: You’ll need to provide evidence of your relationship to your children, such as birth certificates or adoption papers. This information is supplemental to your primary E-3 visa application.
– Child Status: If your children are on an M-2 visa through your current status, they will need to change their status to E-3D. Note that your children’s ability to study remains unaffected, as they can attend school in the U.S. on both M-2 and E-3D visas.
When moving from M-2 to E-3 status, having kids does not necessarily improve or diminish your chances of visa approval. The key factor is the eligibility for the primary visa holder. However, you’ll need to ensure all paperwork for your dependents is accurately completed and submitted in the transition process.
Here is a quote from U.S. Citizenship and Immigration Services (USCIS) regarding changes of status for dependents:
“To change the purpose of your visit while you are in the United States on a nonimmigrant visa, you must change your visa status.”
For official instructions and forms relating to a change of status (including transitioning to an E-3 visa), please visit the USCIS website or the U.S. Department of State’s webpage on Visa Changes of Status, which provides guidelines for this process. Here are the relevant links:
- USCIS Change of Status: USCIS – Change My Nonimmigrant Status
- U.S. Visas (Department of State): U.S. Visas – Change My Nonimmigrant Status
Your children’s status will be directly tied to yours, so the primary focus is the E-3 visa applicant meeting all the required qualifications and proving intent to comply with visa regulations. It is important to consult with an immigration attorney or a trusted immigration advisor to ensure a smooth transition for the entire family.
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Glossary or Definitions
- M2 Visa: A nonimmigrant visa that allows dependent spouses and children of M1 vocational students to live in the United States.
E3 Visa: A nonimmigrant work visa specifically for Australian nationals, allowing them to work in a specialty occupation in the United States.
Transfer: Refers to the process of changing from one visa status to another.
Specialty Occupation: A job that requires a theoretical and practical application of specialized knowledge, typically obtained through a bachelor’s degree or higher (or its equivalent in work experience).
Labor Condition Application (LCA): A document filed by a U.S. employer with the Department of Labor to attest that hiring an Australian national will not harm U.S. workers.
Form DS-160: An Online Nonimmigrant Visa Application form that must be completed to apply for a visa, providing information about the job offer and demonstrating Australian citizenship.
Visa Interview: An appointment at the U.S. Embassy or Consulate to assess an individual’s eligibility for a visa.
Work Authorization: The legal permission to work in the United States.
Renewability: The ability to extend the validity of a visa in two-year increments, subject to meeting eligibility requirements.
Spousal Employment: The opportunity for spouses of certain visa holders to apply for work authorization.
Quota: A limit on the number of visas available within a specific category.
H-1B Visa: A nonimmigrant visa category for foreign workers in specialty occupations. It has a competitive cap for the number of visas available.
Green Card: Refers to a permanent resident card, which signifies an individual’s permanent residency status in the United States.
Dual Intent: The concept that a nonimmigrant visa holder may temporarily reside in the United States with the intent to immigrate permanently.
Immigration Attorney: An attorney specializing in immigration law who can provide legal advice and assistance with immigration matters.
U.S. Citizenship and Immigration Services (USCIS): A government agency responsible for processing immigration applications, conducting interviews, and approving or denying visas and other immigration benefits.
U.S. Department of State: A government agency responsible for issuing visas and managing consular affairs at U.S. Embassies and Consulates worldwide.
So there you have it, the ins and outs of transferring from an M2 to an E3 visa. It’s a process that requires careful consideration, but the rewards can be well worth it. If you’re looking to explore more about visas, immigration, and everything in between, head over to visaverge.com for all the information you need. Happy exploring and safe travels!
