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Can E3 Visa Apply For Green Card – The E3 visa is similar to the H-1B visa in many aspects, but only applies to Australian citizens. The E-3 visa shares many of the same features as the H-1B visa, but has some important differences regarding duration, extension, spouse’s ability to work, and dual intent permanent residency. Additionally, the E3 visa is easier and cheaper to obtain than the traditional H1-B work visa.
The E-3 visa was originally introduced into the US immigration system in 2005. Australians can apply for E-3 visas to live and work in the United States through the opportunities provided by the Australia-United States Free Trade Agreement (AUSFTA). The AUSFTA is a preferential trade agreement between Australia and the USA modeled on the North American Free Trade Agreement (NAFTA).
Can E3 Visa Apply For Green Card
This agreement also improves the outlook for Australian services, trade and investment, improves the regulatory and investment environment between the two countries and promotes increased business mobility. The AUSFTA was signed on May 18, 2004 and came into effect on January 1, 2005.
What Is An E 1 Visa?
According to the U.S. Citizenship and Immigration Services (USCIS) only allows you to enter the United States to provide services in a specialty profession. The specialty occupation requires the theoretical and practical application of a range of knowledge in professional fields and the acquisition of at least a bachelor’s degree or equivalent as a minimum requirement for entry into the profession in the United States.
If you do not have a bachelor’s degree, you may still qualify for an E3 visa based on your other studies and/or work experience.
Additionally, you must be sponsored by a US employer. If you don’t already have a potential employer, you can enter the US for 90 days under the Visa Waiver Program (VWP) and use this time to look for an employer.
Alternatively, you can get a B1 or B2 visitor visa, which allows you to stay in the US for 6 months to look for work. If you enter the U.S. with B1/B2 status, you also have the option to later change your status to E-3 while you remain in the U.S. instead of going to a U.S. consulate abroad to do so Apply for E-3 visa.
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Form I-129 (Petition for Nonimmigrant Worker) is used to request a change of status to obtain E-3 classification as a temporary nonimmigrant worker.
If your Form I-129 application is approved, we will forward a Form I-797 (Notice of Action/Authorization to Employer), which will in turn forward it to you.
After Form I-129 is approved by USCIS, you can apply for a U.S. visa at a U.S. embassy or consulate, generally in your country of residence abroad.
Each year, 10,500 E3 visas are reserved exclusively for Australian citizens. Unlike the H1B visa, spouses of E3 visa holders can now work in the United States without restrictions, even if they are of a different nationality, unlike other U.S. nonimmigrant visas.
E 3 Visa Faq
The spouse and unmarried children under 21 are entitled to the same E-3 classification by filing Form I-765 (Application for Work Authorization).
The E3 visa can be extended indefinitely every two years (in two-year increments), unlike individual H-1B visas, which can be extended once in three-year increments. This does not mean that you are automatically eligible for an E3 visa extension as it is the USCIS or US Consulate’s responsibility to assess your case.
In most cases everything should be fine, but since the E3 visa and maintaining residency have no dual intent, it can sometimes be difficult.
If you are an Australian citizen trying to obtain an E3 visa as a skilled worker, do not risk having your visa rejected, but get help from an E-3 visa lawyer. The thought of switching from an E3 visa to a green card never occurred to me when I first made San Francisco my home in 2015. But then I met and married my Californian husband, and suddenly the green card processing time and marriage process became a big deal.
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This article is a step-by-step overview of the green card-to-marriage process as we experienced it in San Jose, California (south of San Francisco). It includes information such as forms you need to submit, documents you need to provide, the green card to marriage interview, associated costs, and expected processing time.
Please note that this article does not replace legal advice nor does it constitute legal advice for anyone seeking to obtain a green card through marriage. It is simply to document the process we went through to obtain my green card.
Mr. M and I met during my first two weeks in the USA. I had been granted an E3 visa – a class created for Australian citizens to work in certain specialist jobs for which they have proof of experience or training.
My very loose life plan (weird because I don’t plan anything in my life) was to gain more experience in my field over the two year period of my E3 visa. Then I would decide whether I wanted to extend my E3 visa for a few more years or return home with an interesting looking resume under my arm.
Transitioning From J1 To E3 Visa
If you had asked me back then where I wanted to live permanently, it would undoubtedly have been Australia or Europe.
But on my first day of work, in August 2015, I walked into the office and met Mr. M. sitting in a corner looking all California, and I immediately thought, “Who’s that guy?” (because my inner monologue is apologetically stupid ). We started dating about a month later and when he proposed to me in 2018, I accepted and immediately panicked.
Where would we live? Was it comfortable for me to spend the rest of my life in the USA?
Ultimately I came to the conclusion that it wouldn’t be a problem for me to live here as Australia and the US are quite similar in terms of lifestyle and cost of living. So we planned a small courthouse wedding to start the green card process, and months later hosted a second wedding and party in front of friends and family.
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We had heard that the green card processing time until marriage was getting longer due to some changes the Trump administration made to green cards in general.
I knew that once we were married and while the green card application was being filed and processed, I could not leave the country with the ironclad guarantee that I would be abandoned by U.S. immigration upon my return. However, there are precautions you can take (more on this below). With aging grandparents in Australia and significant family events still happening (nieces and nephews growing up and new babies on the way), I wanted to start and complete the green card process as quickly as possible.
Since a condition of the E3 visa is to be able to prove that you do not plan to remain in the US permanently, traveling outside the country while engaged to one of its citizens is also not the wisest decision.
This is written from the perspective of having received a green card (today, actually), and the question on many people’s minds is, “How long did it take?”
E1 Visa Lawyer
As I said before, processing times depend on whether you are submitting your application in a location that has a high volume of green card applications through marriage proposals (New York, San Francisco, Boston, etc.) and the size Backlog is when you do this file.
We submitted our Green Card marriage application in San Jose, California the first week of October 2018 and the Green Card arrived in the mail the first week of February 2020. So from start to finish it took a year and three months.
There are stories about much faster green card processing times, but they generally come from people who applied years ago. And there are reports of green card applications taking two or more years to get through the system. But the average time seems to be 18 months to two years.
There are some easy ways to start preparing for your green card application before the going gets tough. Gathering these things slowly will help dispel some of the overwhelming feelings you may feel just before use.
Australian E 3 Visa Interview Preparation: What You Need To Know
The purpose of the application is to prove that you and your significant other are real partners and are not just together for the convenience of a visa. So you need to collect as much evidence of your relationship as possible.
Here are some examples of documents you can submit to the United States Citizenship and Immigration Services (USCIS) along with your green card application. It’s not necessary to list every single document here – that might be impossible in some cases – but it is important to provide as much evidence as possible that you are a real couple.
Unlike the evidentiary documents listed above, all documents proving your identity are required for your application. Also photocopy your documents (not photos).
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