E-3 visa information

[guykishu]

hi all, i hold an australian passport and would like to enter into U.S on tourist visa (valid for 90 days) and look for the job and after getting the job offer apply for E-3 visa while staying in U.S. Is this possible or not. please give me some information on this. thanks

[Attorney_11]

The law does not permit an individual to change status if they have been admitted to the United States pursuant to the Visa Waiver Program. Furthermore, seeking admission to the United States under the Visa Waiver Program with the intention to work is not the correct intent and could result in a refusal of entry and admission by the US Customs and Border Protection.

[guykishu]

Thanks Attorney 11. if that's the case that i can't convert if i am under Visa Waiver Program to enter into U.S, i can apply for tourist visa (if i am granted for more than 90 days then it doesn't come under Visa Wavier Program) and enter into U.S and then can i convert into E-3 visa after getting the job offer. Is this possible. please give me some detailed information. Thanks

[guykishu]

Also on the site of U.S immigration (USCIS) it says that, can apply for E-3 visa while staying in U.S The link is as follows. http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=71256811264a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=71256811264a3210VgnVCM100000b92ca60aRCRD

so for which catogery does this one applies. please give me advise.

[Attorney_11]

Seeking admission as a tourist/business visitor with the intent to work in the United States is not the correct intent and could result in a refusal of entry and admission by US Customs and Border Protection. An individual in the United States maintaining status after a lawful admission is generally permitted to change status in the United States, though some exceptions do apply. It is advisable to seek the counsel of an immigration attorney for personalized legal strategy and advice.

[omshiv]

to OP...if you want to work in the US..you'll have to search for a good employer and then he'll apply for you H1B.

why dont you go the normal way instead of finding a loophole which will put you in trouble later.

[jfmamjjasond]

1. To be eligible for E3, You must atleast have a bachelors/Masters degree from Australian University and no crime history.

2. Find a genuine consultancy to file an LCA and ask them to give you a job offer letter in specialty occupation.

3. Once you received your docs from US consultancy, Pay E3 visa fees($270 apprx) Book an appointment in any US consulate in Aus

4. Take along with you some docs that will show your stay in US is temporary. Eg: Mortgage/Properties/Investment/Future commitments to Australia.(Plz go through the US embassy website in Australia, which will give you the list of all the docs necessary to bring for US emb interview)

5. Attend the interview. You will know the status weather approved or not on that day itself.

6. If your visa is approved, then it would take 1 week of administrative process(Not to worry). And will recieve your passport in a week.

 

Dont forget to thank your god when you recieve your passport through post..

 

Good luck.. 

[rohanchile]

Hi,

 

I have a case here.....

 

Candidate is having Australian PR, currently in India. What would be the process for applying his US work Visa. Can we apply E-3/TN Visa from India OR else let me know the best process.

[raccoonready]

yes it is very possible. you can be on the waiver program and get transferred to the E3. How else would you be able to find an employer here in the states if you weren't already here looking for work. Do it.

[raccoonready]

I am on E3 visa in USA. I have few questions regarding maintaining E3 visa status

 

1. I need to visit my home country due to a medical emergency. It could be a long trip around 2 months. My employer is happy to give me 2 months unpaid leave. Will that effect my e3 visa status?(Cancelled/Ceased/Terminated)

 

2. What is the maximum time frame allowed to stay out of USA on unpaid leave(E3 Visa Holders)? 

[JoeF]

yes it is very possible. you can be on the waiver program and get transferred to the E3. How else would you be able to find an employer here in the states if you weren't already here looking for work. Do it.

 

No. The visa waiver does not allow any change of status.

You can use the visa waiver to enter for a job interview, but you will have to return to your home country, and get an E3 from there.