H1B Visa Lawyer Blog
MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.
- What is DED? Deferred Enforced Departure (DED) is a benefit authorized within the President’s discretion as part of their constitutional power to conduct foreign relations. DED recipients are temporarily protected from deportation and are able to request employment authorization to obtain a work permit from the USCIS. Individuals currently covered under DED include nationals from: Lebanon, Liberia, Hong Kong and Palestine. There are specific eligibility requirements for each designation of DED.
- What is the process for obtaining an E3 Australian Visa? If you are outside of the United States applying from Australia, you would petition the Consulate directly. You would need proof of the legitimate job offer, a letter of support from the U.S. employer, a certified Labor Condition Application (LCA) from the Department of Labor (DOL), and your academic or other qualifying credential documentation available for review. Once all of these items are gathered, you would proceed with scheduling an E3 nonimmigrant visa appointment by completing Form DS-160 and submitting it to the Department of State (DOS), along with all requested documentation to establish eligibility. You would then appear for your interview at the scheduled date and time. If successful, your E3 visa will be issued and placed in your passport.If you are inside the United States in another visa status and wish to change status to E3 or are working with a different employer and wish to change employers, you would need to first petition the United States Citizenship and Immigration Service (USCIS). You would need to have a letter of support from the U.S. employer, along with Form I-129, Petition for Nonimmigrant Worker completed by the U.S. employer, and a certified LCA from the DOL, along with documentation to establish your eligibility. These forms and paperwork need to be filed with the USCIS, likely with premium processing. You cannot assume E3 status or begin working with a new U.S. employer until the USCIS has approved your case. Premium processing costs an additional $2805.00 to obtain a decision within 15 business days of filing.