The Visa Office has informed American Immigration Lawyers Association that the following documents will be required to establish eligibility for E-3 visa issuance:
a.an original or photocopy of a certified ETA 9035 Labor Condition Application form bearing a Department of Labor (DOL) certification date later than September 2, 2005 (MUST use the mail-in ETA 9035);
b.evidence of academic or other qualifying credentials to establish the applicant’s eligibility for E-3 visa issuance, such as a certified copy of a U.S. baccalaureate or higher degree, a certified copy of a foreign equivalent degree, with any necessary translation and evidence of equivalency; or evidence that the applicant possesses education and experience that is equivalent to a U.S. degree;
c.a letter from the employer or other documentation establishing that the applicant will be engaged in qualifying work in a specialty occupation and that the application will be paid the actual or prevailing wage required by INA Section 212(t)(1);
d.evidence establishing that the applicant’s stay in the U.S. will be temporary;
e.a certified copy of any required license or other official permission to practice the occupation in the state of intended employment, if necessary, or, if permitted evidence that the applicant will be obtaining the required license or permission within a reasonable time after admission;
f.evidence of payment of the Machine Readable Visa fee;
VisaPro readers are already aware (see New E-3 visa for Australians: DOS issues regulations published on September 06, 2005) that DOL requires the filing of the ETA 9035 by mail – neither the FAX nor the ETA 9035E is acceptable. The department requires the LCA to bear the notation “E-3 – Australia – to be processed” at the top of each page. The E-3 LCA is submitted to:
United States Department of Labor
Employment and Training Administration
Division of Foreign Labor Certification
Temporary Programs – Room C4312
200 Constitution Avenue, N.W.
Washington, D.C. 20210
The U.S. Department of State (DOS) has further informed AILA that a post may require a visa applicant to submit an original certified LCA in the event post suspects the veracity of the copy presented with the E-3 visa application.
Updated guidance is expected to be sent to posts soon, to be followed shortly by a revision to the Foreign Affairs Manual. Until then, should there be questions regarding the LCA, DOS has suggested that the applicants ask the post to seek an advisory opinion.
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