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.
1) What are the requirements for an E3 Australian Visa? The E3 Australian visa is a specialty occupation nonimmigrant visa that requires: (1) that you are a national of Australia; (2) you have a legitimate offer of employment by a U.S. employer; (3) the position offered is a specialty occupation (requiring at least the attainment of a bachelor’s degree or its equivalent in a specific specialty; and (4) you have the necessary academic or other qualifying credentials to fill the position.
2) 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.
3) How long is the E3 Australian Visa valid for? E3 nonimmigrant visas may be issued for up to two (2) years. E3 nonimmigrant visas may be extended in up to two (2) year increments, indefinitely, as long as the visa holder continues to maintain the intent to return home at the conclusion of the assignment/project.
4) What evidence can we begin to gather now for the President’s Executive Order to help families? The USCIS issued the following guidance on 07/17/2024:
To be considered for a discretionary grant of parole, on a case-by-case basis, under this process, you must:
- Be present in the United States without admission or parole;
- Have been continuously present in the United States for at least 10 years as of June 17, 2024;
- Have a legally valid marriage to a U.S. citizen as of June 17, 2024;
- Not have any disqualifying criminal history or otherwise constitute a threat to national security or public safety; and
- Otherwise merit a favorable exercise of discretion.
More information about these eligibility criteria will be available in the forthcoming Federal Register notice
Although we are not currently accepting applications, you can begin to prepare to file a parole application by gathering evidence of your eligibility, such as:
- Evidence of a legally valid marriage to a U.S. citizen as of June 17, 2024, such as a marriage certificate;
- Documentation of proof of identity, including expired documents may include:
- Valid state or country driver’s license or identification;
- Birth certificate with photo identification;
- Valid passport; or
- Any government issued document bearing the requestor’s name, date of birth, and photo.
- Evidence of your spouse’s U.S. citizenship, such as a passport, birth certificate or Certificate of Naturalization;
- Documentation to establish your continued presence in the United States for at least 10 years, as of June 17, 2024. While more information will be made available in the forthcoming Federal Register Notice and subsequent FAQs, examples of documentation could include copies of:
- Rent receipts or utility bills;
- School records (letters, report cards, etc.);
- Hospital or medical records;
- Attestations to your residence by religious entities, unions, or other organizations, identifying you by name;
- Official records from a religious entity confirming participation in a religious ceremony;
- Money order receipts for money sent into or out of the United States;
- Birth certificates of children born in the United States;
- Dated bank transactions;
- Automobile license receipts, title, or registration;
- Deeds, mortgages, or rental agreement contracts;
- Insurance policies; or
- Tax returns or tax receipts.
For noncitizen children of requestors, evidence of eligibility could include:
- Evidence of the child’s relationship to the noncitizen parent, such as a birth certificate or adoption decree;
- Evidence of the noncitizen parent’s legally valid marriage to a U.S. citizen as of June 17, 2024, such as a marriage certificate; and
- Evidence of the child’s presence in the United States as of June 17, 2024.
Remember, you cannot apply for this process yet.
5) When can we begin to apply for the President’s Executive Order to help families? You cannot apply for this process yet! President Biden announced on 07/17/2024 that eligible individuals will be able to apply beginning on August 19, 2024. USCIS is not currently accepting applications under this process. They will begin accepting applications on August 19, 2024. If you apply before August 19, 2024, they will reject your application. They will publish a Federal Register notice that will further explain eligibility and the application process, including the form to use, and the associated USCIS filing fees.
6) Is the President’s Executive Order to help families a sure thing or should we be worried? The PIP program announced on June 18, 2024, is currently only an announcement and has not yet been implemented. Specific details and requirements of the PIP program, including potential disqualifications based on criminal records or other factors, have not been finalized or published. The PIP program may never be implemented. If it is implemented, the PIP program may be challenged in court, and it may face long delays and/or not be implemented as a result.
The final requirements of the PIP program may be different from those announced on June 18, 2024.
At this time, it is not a sure thing, and you should be aware of the risks associated with moving forward.
You should be aware that you will be required to give important information to the government, including your name, your date of birth, and your current address. Any information provided in the application could be used to locate you and identify you as an undocumented resident in the United States, and the government can use that information to put you in removal proceedings.
It is extremely important that you work with a Qualified Immigration Attorney in assessing your eligibility for the PIP program once the full details are released in the Federal Register notice.
7) What nonimmigrant work visas do not require employer sponsorship?
The initial applicants for an E1, Treaty Trader Nonimmigrant Visa, and E2, Treaty Investor Nonimmigrant Visa do not require employer sponsorship.
8) What is the USCIS filing fee for renewing EAD and AP if our I-485 has been pending since 2021? Per the USCIS guidance found at https://www.uscis.gov/forms/filing-fees/frequently-asked-questions-on-the-uscis-fee-rule: If you filed your Form I-485 before April 1, 2024, and paid the fee, there will be NO FEE to file Form I-131 or Form I-765 while your Form I-485 remains pending.
9) How do I find out information on how long the wait is for a green card? Visit the Department of State (DOS) Visa Bulletin website. The Visa Bulletin is published on a monthly basis by the DOS to establish visa availability.
10) What is the priority date listed on the Visa Bulletin for August 2024 for an Indian National in the EB2 preference category? What about an Indian National in the EB3 preference category? For the month of July 2024, the DOS is currently processing Green Cards for Indian Nationals in the EB2 preference category with priority dates falling on or before June 15, 2012 (Final Action Dates chart). For the month of July 2024, the DOS is currently processing Green Cards for Indian Nationals in the EB3 preference category with priority dates falling on or before September 22, 2012 (Final Action Dates chart).
For the month of August 2024, the DOS is currently processing Green Cards for Indian Nationals in the EB2 preference category with priority dates falling on or before July 15, 2012 (Final Action Dates chart). For the month of August 2024, the DOS is currently processing Green Cards for Indian Nationals in the EB3 preference category with priority dates falling on or before October 22, 2012 (Final Action Dates chart).
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, August 2, 2024!
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