E-3 Visa Lawyer in New York City
Effectively Handling All Your Immigration Needs
At the Law Office of Robert J. Maher, PC, our attorney has helped Australian nationals with a work visa that is unique to them. The E-3 visa is available to Australians who have an offer of employment from a company in the United States that wishes to employ them. The visa is similar in many ways to the H-1B visa in that the employment has to be for a specialty occupation.
USCIS’s website states that in order to be a specialty occupation, the job must meet one of the following criteria:
- A bachelor’s degree or higher, or its equivalent, is the minimum entry level requirement for the position.
- The degree required is common to the industry, or the job is so complex or unique that it can be performed only by an individual with a degree.
- The employer normally requires a degree or its equivalent for the position.
- The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s degree or higher degree.
In order for the employee to accept the position, the beneficiary must meet one of the following requirements:
- Hold a U.S. bachelor’s degree or higher that is required for the position.
- Hold a foreign degree that is equivalent to a U.S. bachelor’s degree required for the position.
- Hold an unrestricted state license, or certification that authorizes you to practice the specialty occupation and be engaged in the state of intended employment.
- Have education or training or progressively responsible experience in the specialty occupation that is the equivalent to the completion of such a degree.
The sponsoring company must also file an approved form ETA-9035, Labor Condition Certification (LCA) and Form I-129 "Petition for a non-Immigrant Worker" with USCIS. There are exceptions to this method of filing, however. Under certain circumstances, a prospective employee currently working or living in the United State under a status other than E-3 may be able to accept employment under the E-3 visa. An E-3 visa attorney in New York City can help guide you through every stage of the application process.
A petitioner employer may file an LCA for the prospective employee and, upon approval, request that the employee beneficiary apply for an E-3 visa on the Department of State's website and then follow up with the scheduling of an appointment for an interview at a consular post outside of the United States. Depending upon the circumstances, this method may allow an employer to quickly hire a prospective employee, thus saving the time and expense often required to recruit and hire an employee who is qualified under this visa.
If you need to apply for an E-3 visa, consult a New York immigration attorney at the Law Office of Robert J. Maher, PC. Backed by over 13 years of experience, he is ready to guide you!
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