Key Takeaways:
- The E3 visa is for Australians working in specialty occupations in the U.S., requiring a job offer and credentials.
- Steps to transfer include finding a job, filing an LCA and I-129, changing status, and applying for an E3 visa.
- Advantages include specialty occupation access, spousal employment, renewable status, and the ability to pursue a Green Card.
Are you currently in the United States on a B2 visa and looking to switch to an E3 visa? You might be wondering what the process entails and whether it’s worth the switch. This post will provide you with a clear understanding of how to transfer from a B2 to E3 visa, including the advantages and disadvantages.
Understanding the E3 Visa
Before we delve into the process, let’s clarify what an E3 visa is. The E3 visa is a non-immigrant visa that is specific to nationals of Australia going to the U.S. to work in a specialty occupation. The primary requirements include having a legitimate job offer in the U.S. and possessing the necessary academic or other qualifying credentials.
The Transfer Process
Transferring from a B2 (tourist) visa to an E3 (work) visa can be complicated, but it’s not impossible. Here are the steps you need to follow:
- Find a Specialty Occupation: Secure a job offer from a U.S. employer for a position that qualifies as a specialty occupation.
Labor Condition Application (LCA): Your employer must file an LCA with the Department of Labor, indicating the terms and conditions of your employment.
Form I-129: Upon certification of the LCA, your employer must file Form I-129, Petition for a Nonimmigrant Worker, with the United States Citizenship and Immigration Services (USCIS).
Change of Status: You’ll need to apply for a change of status from B2 to E3. Keep in mind, you must not have started your employment before the change of status is approved.
- Visa Application: After USCIS approves your petition, you usually would need to apply for an E3 visa at a U.S. Consulate or Embassy. However, if you’re already in the U.S., you might be able to adjust status without having to leave the country.
Approval and Start Work: Once your change of status is approved, you can legally start working in the U.S. for your employer under E3 status.
For a comprehensive guide and the most recent information, check the USCIS website or consult with an immigration attorney.
Advantages of an E3 Visa
Switching to an E3 visa comes with several advantages:
- Specialty Occupation Access: Enables Australians to live and work in the U.S. in high-level positions requiring specialized knowledge.
Spousal Employment: Unlike the B2 visa, your spouse can apply for work authorization on an E3 visa.
Renewable Indefinitely: The E3 visa can be renewed indefinitely in two-year increments, as long as you continue to fulfill the requirements.
Dual Intent: While the E3 visa is technically a non-immigrant visa, it does allow for the concept of ‘dual intent’, which means you can apply for a Green Card without affecting your E3 status.
Disadvantages to Consider
Despite its benefits, there are some drawbacks:
- Strict Requirements: The E3 visa requires you to have a job offer in a specialty occupation and meet strict eligibility criteria.
Dependents and Work: While dependents can work on the E3 visa, they may face restrictions and additional paperwork.
Limited to Australians: This visa category is exclusively for Australian nationals, which can be both an advantage and a limitation depending on your circumstances.
Not a Direct Path to Citizenship: While dual intent is allowed, the E3 visa doesn’t directly lead to a Green Card or citizenship.
Staying Informed and Compliant
The rules and policies governing U.S. visas are subject to change, and it’s crucial to stay up to date with the latest information. Always consult the U.S. Department of State’s visa website or a legal expert for the most accurate and current information.
Transferring from a B2 to E3 visa can open many doors for Australian professionals seeking to advance their careers in the United States. While it offers a unique set of advantages, it’s essential to weigh these against the limitations and ensure that you meet all requirements and follow the correct procedures. With careful planning and the right guidance, making the switch can be a smooth and rewarding process.
Still Got Questions? Read Below to Know More:
Do I need to leave the US to apply for the E3 visa if I change my status while on a B2 visa
If you’re currently in the United States on a B2 (tourist) visa and wish to change your status to an E3 (specialty occupation) visa, which is specific for Australian citizens, you may not necessarily need to leave the country. However, several important points must be considered:
- Eligibility: You must already have a job offer from a U.S. employer in a specialty occupation and meet the qualifications for the E3 visa.
- Timely Filing: Your employer must file Form I-129, “Petition for a Nonimmigrant Worker,” on your behalf before your B2 status expires.
- Change of Status Approval: If the United States Citizenship and Immigration Services (USCIS) approves your change of status, you can start working on the E3 visa without leaving the country. However, if you travel abroad later, you will need to apply for an E3 visa at a U.S. Consulate or Embassy to re-enter the U.S.
The U.S. Citizenship and Immigration Services states, “You may apply to change your nonimmigrant status if you were lawfully admitted to the United States with a nonimmigrant visa, your nonimmigrant status remains valid, you have not violated the conditions of your status, and you have not committed any crimes or actions that would make you ineligible.”
For additional information and to ensure you’re following the most current guidelines, visit the USCIS Change of Status page here: USCIS – Change My Nonimmigrant Status.
It’s also worth noting that if the change of status is denied for any reason, you might be required to immediately leave the United States. Therefore, make sure to consult with an immigration attorney or contact USCIS directly if you have specific questions regarding your situation.
What happens if my job offer falls through after starting the E3 visa process
If your job offer falls through after starting the E3 visa process, several steps need to be considered depending on how far along you are in the process. The E3 visa is specific to Australian nationals who wish to work in specialty occupations in the U.S. Here’s what you may need to know:
- Before Visa Approval:
- Consulate Interview Not Yet Scheduled: You can simply cancel your visa application. It’s important to notify the U.S. Consulate or Embassy where your interview was supposed to be scheduled about the change in employment status.
- Consulate Interview Scheduled or Visa Approved: You should inform the Consulate or Embassy immediately. According to the U.S. Department of State, if your employment is terminated for any reason, you should report this change to the embassy or consulate that issued your visa. They will provide guidance on the next steps, which could include cancelling the visa.
- After Arrival in The U.S.:
- If you’ve already entered the U.S. on an E3 visa and then your job offer falls through, you are expected to maintain legal status. According to U.S. Citizenship and Immigration Services (USCIS), you may be allowed a 60-day grace period or until the expiration of your authorized validity period, whichever is shorter, to find new employment and apply for a new E3 visa or to arrange to depart from the United States.
- Finding new employment will require you to go through the E3 application process again with the new employer, including obtaining a new Labor Condition Application (LCA) and, if in the U.S., either applying for a change of employer with USCIS or departing the U.S. and applying for a new E3 visa with the new job offer.
Here are some official resources that may be helpful:
– U.S. Department of State on E3 Visas: E-3 Certain Specialty Occupation Professionals from Australia
– USCIS on Maintaining Legal Status: Change My Nonimmigrant Status
It’s critical to act promptly and understand that maintaining legal status is your responsibility. If faced with this situation, consider consulting an immigration attorney or accredited representative for personalized legal advice to ensure compliance with U.S. immigration laws.
Can my spouse work in the US immediately after we switch to my E3 visa
When you switch to an E3 visa in the United States, your spouse can indeed apply for work authorization, but they are not allowed to work immediately after the switch. Here’s the process your spouse needs to follow to obtain the necessary permission:
- Applying for Work Authorization:
- Once you have your E3 visa, your spouse can apply for an Employment Authorization Document (EAD) by filing Form I-765, “Application for Employment Authorization,” with the USCIS (U.S. Citizenship and Immigration Services).
- Your spouse needs to wait for the EAD to be approved before they can legally start working in the U.S. The processing time for an EAD can vary, but it generally takes several months.
- Steps for Filing the EAD Application:
- Complete the application form (Form I-765) which can be found on the USCIS website here.
- Submit the necessary supporting documents, such as a copy of your E3 visa, marriage certificate, and your spouse’s passport photo page.
- Pay the appropriate fee, if required (some categories of applicants are exempt from the fee).
- Additional Information:
- It is essential to wait for the EAD before your spouse starts any kind of work; working without it might lead to violations of immigration laws.
- Once the EAD is granted, your spouse can work for any employer in the U.S. and there is no restriction on the type of employment.
Keep in mind that government processing times and procedures can change, so it’s always a good idea to check the latest information on the USCIS official website or contact an immigration attorney for the most current advice.
As an Aussie on a B2 visa, how do I prove a job is a ‘specialty occupation’ when applying for an E3
To prove that a job is a ‘specialty occupation’ when applying for an E3 visa as an Australian citizen, you typically need to provide evidence that the job meets the criteria set by the United States Citizenship and Immigration Services (USCIS). Here is a list of what you would generally need to include:
- A detailed job offer letter from the prospective U.S. employer that describes the nature of the company, your role, duties, salary, and why your position requires a ‘specialty occupation’ qualification.
- Educational credentials proving that you have the necessary U.S. bachelor’s degree or higher required by the specialty occupation in your field of employment, or its equivalent.
- A license or permit to practice the profession in the state of intended employment, if the job requires one.
- Evidence of the job’s complexity which could include the job description, the advanced nature of the duties, or other requirements that show a bachelor’s degree or its equivalent is typically the minimum requirement for entry into the position.
The USCIS defines a ‘specialty occupation’ as one that requires:
“The theoretical and practical application of a body of specialized knowledge and a bachelor’s degree or the equivalent in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.”
Additionally, if the degree was obtained outside of the United States, you might need to provide an academic evaluation that states that your degree is equivalent to a U.S. bachelor’s degree.
It’s also important to be familiar with the official E3 visa guidelines provided by the U.S. Department of State, which you can find on their Bureau of Consular Affairs website. Make sure you check the latest requirements and procedures, as immigration rules may change.
Remember, each case is unique, and it’s often helpful to consult with or hire an immigration attorney who can provide personalized assistance and ensure that you meet all the needed criteria for your E3 visa application.
Can I travel back to Australia while my change of status from B2 to E3 is being processed
Yes, you can travel back to Australia while your change of status from B2 to E3 is being processed; however, doing so may have implications on your application. When you leave the US while an application for a change of status is pending, the US Citizenship and Immigration Services (USCIS) generally considers your application to be abandoned.
Here are the key points to consider:
- Abandonment of Application: According to USCIS, “if you depart the United States while your change of status application is pending and before a decision is made, USCIS will consider your application abandoned.”
- Reapplying at a Consulate: If you decide to travel back to Australia, you can apply for the E3 visa directly at a U.S. consulate. This means you will need to complete a new application and attend a visa interview. If granted, you can return to the U.S. with your E3 visa.
It’s important to check the most recent guidance from official sources before making travel plans. For the most accurate and up-to-date information regarding your situation, you should consult the official USCIS website and the U.S. Department of State’s travel website:
- USCIS: Change of Status
- U.S. Department of State – E3 Visa: Temporary Workers
Before making any travel decisions, it’s wise to speak with an immigration attorney who can provide personalized advice based on the specifics of your case.
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Glossary
- B2 Visa: A non-immigrant visa category that allows individuals to enter the United States for tourism, vacation, or visiting purposes.
E3 Visa: A non-immigrant visa category exclusive to Australian nationals, allowing them to work in the United States in a specialty occupation.
Specialty Occupation: A job position that requires specialized knowledge and expertise in a particular field, typically requiring a higher level of education or specific qualifications.
Labor Condition Application (LCA): An application that must be filed by the employer with the U.S. Department of Labor, attesting to the working conditions, wages, and benefits offered to the employee in a specialty occupation.
Form I-129: A petition filed by the employer with the United States Citizenship and Immigration Services (USCIS), seeking permission to employ a non-immigrant worker in a specialty occupation.
Change of Status: The process of transitioning from one non-immigrant visa category to another while staying in the United States, typically requiring approval from USCIS.
Visa Application: The process of applying for a visa at a U.S. Consulate or Embassy to obtain permission to enter and stay in the United States.
Adjust Status: The process of changing one’s immigration status from within the United States without having to leave the country, typically by filing an application with USCIS.
USCIS: United States Citizenship and Immigration Services, a component of the Department of Homeland Security responsible for the administration of immigration and naturalization processes in the United States.
Dual Intent: The concept that allows individuals in certain non-immigrant visa categories to have the intention to apply for a Green Card (permanent residency) in the future without jeopardizing their non-immigrant status.
Green Card: Commonly referred to as a Permanent Resident Card, it is an identification document issued to foreign nationals confirming their permanent residency status in the United States.
Citizenship: Legal status granted to individuals who are recognized as full members of a country, giving them certain rights and responsibilities, including the right to vote and the ability to hold a passport.
Dependents: Spouse or unmarried children under the age of 21 who are eligible to accompany or join the primary visa holder in the United States.
Renewable Indefinitely: Refers to the ability to extend or renew a visa indefinitely in two-year increments, as long as the individual continues to fulfill the requirements of the visa category.
U.S. Department of State: The federal executive department responsible for the formulation and implementation of the United States foreign policy and the management and oversight of U.S. visas.
Legal Expert: An immigration attorney or authorized representative knowledgeable in the field of U.S. immigration law who can provide guidance and advice on immigration matters.
It’s important to note that visa processes and requirements may change over time, and it is advisable to refer to official government sources or consult with a legal expert for the most accurate and up-to-date information.
So, there you have it – a clear breakdown of the process and pros and cons of switching from a B2 to an E3 visa. It may seem a bit overwhelming, but with the right guidance and a bit of patience, you can make a smooth transition. Remember to stay informed, consult with experts, and most importantly, don’t hesitate to explore more resources and information on visaverge.com. Good luck with your visa journey!
