| 4. | How do I qualify for the E-3 visa? |
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| | The new E-3 visa classification currently applies only to nationals of Australia as well as their spouses and children. To qualify for an E-3 visa you must demonstrate that: |
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Note: E-3 principal applicants must be going to the U.S. solely to work in a specialty occupation. The spouse and children need not be Australian citizens. |
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Do I have to have a job in the US first before applying for an E-3 visa? |
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Yes. You need to have a job offer from a US employer before you can apply for an E-3 visa. |
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What are the other requirements for qualifying for an E-3 work visa? |
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Submit a job offer letter from the prospective United States-based employer. A treaty alien in a specialty
occupation must meet the general academic and occupational requirements for the position pursuant to INA 214(i)(1). In addition to the nonimmigrant visa application, the following documentary evidence must be submitted in connection with an application for an E-3 visa: |
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A certified Form ETA 9035, clearly annotated as ‘E-3 - Australia
- to be processed.’
Note: DOL is currently updating the Form ETA 9035 to include an option check box for E-3 classification, which will eliminate the need for the interim handwritten annotation |
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Evidence of academic or other qualifying credentials as required under INA 214(i)(1), and a job offer letter or other documentation from the employer establishing that
upon entry into the U.S. you will be engaged in qualifying work in a specialty occupation and that you will be paid the actual or prevailing wage referred to in INA 212(t)(1). A certified copy of the foreign degree and evidence that it is equivalent to the required U.S. degree could be used to satisfy the ‘qualifying credentials’ requirement. Likewise, a certified copy of a U.S.
baccalaureate or higher degree, as required by the specialty occupation, would meet the minimum evidentiary standard |
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In the absence of an academic or other qualifying credential(s), evidence of education and experience that is equivalent to the required U.S. degree |
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Evidence establishing that your stay in the U.S.
| will be temporary |
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A certified copy of any required license or other official permission to practice the occupation in the state of intended employment if so required or, where licensure is not necessary to commence immediately the intended specialty occupation
employment upon admission, evidence that the alien will be obtaining the required license within a reasonable time after admission |
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If required before you may commence employment in the specialty occupation, that you have the necessary license or other official permission to practice in the specialty occupation |
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Evidence of payment of the Machine Readable Visa (MRV) Fee, also known as the application fee |
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