Frequently Asked Questions - E-3 Visa

E-3 dual intent
I am married to a permanent resident of America, and have filed for a spouse visa (I130) in Sept 2010. Is it possible for me to apply for the E-3 visa with the spouse visa being processed, or does it demonstrate dual intent?

E-3 is not a clear dual intent visa. BUT, govt. tends to lean in the direction that they will permit dual intent as long as you clearly intend to leave if not permitted by law. My suggestion would be to avoid testing the E-3 limits in our current environment.

E3 visa for LPN
I already have a USA LPN license, was just wondering if its possible to get E3 visa to work in USA, I am an Australian citizen. What are the requirements?

As far as I remember, most nurses jobs do not qualify for H-1/E-3 type visas because a US Bachelor's degree is not required for the jobs. If you can find a job where a Bach. degree is the minimum requirement, you can be eligible for E3 or H-1B.

E-3 for performer
As an australian actor/singer and teacher…would an E3 work for me and could an agency act as an employer in that case?

E-3 visas are available only for those jobs that demonstrably require a bachelor's degree in the field of work you will be performing. We recently provided assistance in an E-3 visa for a Shakespearean actor and teacher who was coming to teach acting classes in USA. He would probably not have qualified as an artist under E-3 visa, because to be an actor, a bachelor's degree in performing arts is usually not required. But as a teacher, a bachelor's degree was indeed required.

E3 visa
My E3 visa was applied and approved through an employer. I never joined the company or got paid. Are there any legal implications to the company as a result of me not taking employment with the company?

The employer should withdraw your application.

E-3 Visa - Accountant
I am Australian Citizen with Accounting Degree and looking forward to apply for E-3 Visa. Do I need to have job offer letter from the employer. How big the employer should be?

You do need a job. The company does not have to be a specific size, but it should be large enough to require a professional accountant (not just a book keeper).

E3 to H4
I am in the US from Australia and just lost my job as an Engineer. I was on an E3. My wife has an H1B and is employed. Since E3 restrictions give about 10 days grace period, our immediate option is for me to go to an H4. Does anyone know how long this process usually takes if I am currently in the US and what I may have to do.

Just go to Canada or Mexico and get your H-4 stamping and come back. That should work.

E-3 Visa
Are E - 3D visa holders allowed to work as freelancers?

To the best of my knowledge - no. You need an employer.

E-3 visa dual intent - applying for green card
I am an Indian born, Australian Citizen on a E3 visa. Does applying for a Green Card jeopardize my chances of getting E3 visa renewed in the future? My wife is on E3D visa and has EAD. She is working now and can her employer start GC process and will that jeopardize her E3D visa renewal and/or my E3 visa renewal? What is the best bet? Applying GC on my name or her name? Both are qualified educationally and both have jobs in the U.S

Applying for a green card should not be a problem for you or your wife. I always suggest filing two independent green cards where the option is available. This provides for a safety net if the process fails for one of the spouses.

The Proposed I-140 EAD Rule - FAQ's

Question 1: Redo the PERM or just the I-140. If redoing the PERM again then what's new in this regulation? 

Answer: After 180 days, you can extend H-1 even if 140 is withdrawn.

Question 2: It seems that there is no easy provision for EAD/AP for approved 140 applicants. So is there any point in waiting for this rule or Should I consider Visa stamping is only option for traveling outside US? Please suggest as I waited for a year or long thought they are going to give AP.

E-3 for Graduate from UK
If I have 3 years of college from the UK and 7 years of professional experience, can they give me E-3 visa? The employer has given me a job offer in USA. All degree and work is in IT systems

If the degree and at least three years of professional experience are in the same field, E-3 should be available.

If the degree and at least three years of professional experience are in the same field, E-3 should be available. - See more at: http://www.immigration.com/comment/14829#comment-14829
LCA for Singapore H-1B1
Do we need to send an LCA for H-1B1 Singapore quota?

Yes, you do. E-3 visas for Australia and H-1B1 for Singapore and Chile, all require an LCA.

Yes, you do. E-3 visas for Australia and H-1B1 for Singapore and Chile, all require an LCA. - See more at: http://www.immigration.com/comment/14777#comment-14777