More information on the new US visas
Monday, 6 June 2005
The Department of Foreign Affairs and Trade (DFAT) has posted more details on the new US work visas now available to Australians.
"To be eligible for the E-3 visa, an Australian national must be entering the United States temporarily to work for a U.S. employer in a specialty occupation," DFAT says.
It allows Australian citizens to work for any American employer. It also allows entry for a visa-holder's spouse and children.
"Significantly, unlike many U.S. non-immigrant visas, the E-3 visa allows spouses to apply for authorization to work in the United States for any U.S. employer," DFAT says. "Australian nationals and their dependents traveling to the United States under E-3 visas will be admitted for up to two years. The E-3 visa may be renewed for two year periods indefinitely."
The new legislation establishes a cap of 10,500 of these visas each year for Australians. That's a huge amount. Each visa-holder is only counted as one issued visa against the cap, with spouses and children not counted.
Read the full press release at DFAT's website.
Paul Knapp (editor@brainbox.com.au)
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Great News!could this be a result of the recent FTA with the US? Bill, 06/10/2005 05:20:04 AM Is the visa tied to employment?Is it like the H1-B visa, ie. only valid while employed? Because US employers like to get rid of employees even more than Australian ones do. Once you are "let go", you've got till the end of the month to leave the country. Otherwise you have no money, no health insurance, and you are an "illegal" (overstayed visa). If you look even vaguely non-anglo it wouldnt be a good idea to be an illegal in the US at this time. burned bad, 06/11/2005 06:54:36 AM H1-BThis new visa is different than the H1-B. It is not employer specific, so you can move around from one to another. (If you are quick and marketable!) You can also get your wife (partner) to work, which is not allowed on a H1-B. Dunno how quick or easy it is to get? Also burnt...., 07/20/2005 07:56:44 AM E3 Visa regulationHi, Can you please let me know whether E3 visa provides any facility to change job in USA. My understanding is that if I choose a job on E3 visa I have to stick to the same employer for 2 years. Unlike H1 visa which requires only H1 transfer for changing job E3 visa required to change the visa from E3 to H1. It means that I have to find an employer who is willing to sponsor H1 visa and not tranfer of H1. Any feedback is much appreciated David David2006, 06/16/2006 03:30:36 AM Change of Employer on E-3 vs. H-1B for more info ------------------------- The information provided here is of a general nature and may not apply to any particular set of facts or under all circumstances. It should not be construed as legal advice and does not constitute an engagement of the Murthy Law Firm or establish an attorney-client relationship. Laws are constantly changing. -------------------------- Changing employers as an H-1B visa holder is provided for under AC21 portability provisions. Although these provisions make it possible to change employers, the new employer must still submit basically an entire H-1B packet to the government (i.e., not just a "transfer"). Portability provisions do not apply to E-3 visa holders. However, it is still possible to "change" employers as an E-3 visa holder. You must simply apply for a new E-3 visa with the new employer as petitioner. Because no premium processing is available for a change of status in the U.S., at this time, it would be preferable to proceed to a U.S. Consulate in Australia or to a country accepting third country visa applications (e.g., Canada). Once you have the approval for the new employer in hand, you may re-enter up to 10 days prior to the new employment start date. On another related note - for those of you holding E-3 visas currently - remember to file for an extension of your E-3 WELL BEFORE the expiration (like 6 months before) because, at present and without specific guidance from CIS, the 240 day rule does not apply to E-3 visa extensions as they do for H-1B extensions (i.e., you must have your E-3 extension approved prior to expiration whereas you have up to 240 days after H-1B expiration to remain in good H-1B status while your H-1B extension request is pending). I expect the CIS will come out with some kind of guidance on this point but until then, make sure you file those E-3 extensions early. Susan, 12/08/2006 02:16:58 AM
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