The US E visa is a nonimmigrant visa and temporary work permission, which is issued to some investors as well as Australian citizens with specialized skills and knowledge. In the following, we will go through to discuss this visa and its related issues.
What are the E Visas?
The US E visa is divided into three categories: E-1, E-2, and E-3. Treaty Trader and Treaty Investor visas, which are known as E-1 and E-2, respectively, are for nationals of countries with which the US holds contracts of trade and navigation. The name of treaty countries can be found on the official website of the US Department of State. The following reasons may be an incentive to apply for the E-1 and E-2 visas:
- Involve in fundamental commerce, such as trade in services or technology, and eligible activities, among the US and the treaty countries
- Develop the company in which you have invested a significant amount of funds
People working in areas such as international banking, transportation, tourism, insurance, and communications can petition for the E-1 or E-2 visa.
The E-3 visa is dedicated to highly qualified Australian citizens who work in specialty professions. In 2005, the US and Australia joined the Australia – US Free Trade Agreement. Due to the agreement, 10500 E-3 visas are issued through the US to Australian citizens annually. A specialized job is one that requires a higher education degree, such as a master’s degree, and is a combination of dedicated and practical knowledge. In other words, Australian people who have a determined level of work experience and educational qualifications can obtain the E-3 visa. Jobs related to the arts, mathematicians, engineers, computer scientists, political scientists, and medical professionals are examples of eligible professions for the E-3 visa.
What are the US E visa requirements?
The requirements for applying an E-1 or Treaty Trader visa are:
- You must be a national of treaty countries.
- The trading company for which you intend to come to the US must have the nationality of the treaty country, and people with the treaty country’s nationality must possess at least 50 percent of the company.
- International commerce must be notable in terms of the sizable and continuing volume of trade.
- More than 50 percent of the international business must be between the United States and the treaty country.
- Trade is the exchange of goods, services, and technology at the international level. The title of the trade items must transit from one party to the other.
- You must be a highly specialized employee who operates in supervisory or executive areas. Skilled or unskilled workers are not allowed to apply for the E-1 visa.
The US E visa requirements are (for E-2):
- The investor must be a national of treaty countries.
- The investor who is a citizen of the treaty country must have at least 50% ownership of a business.
- This investment must be substantial, irreversible, and sufficient to enable successful operations. Uncommitted funds in a bank are not defined as an investment.
- The investment must lead to remarkable income and have a significant impact on the US economy.
- The investor must be able to control the funds. Loans secured with the assets of the company are not accepted.
- The applicant is seeking to come to the US just to develop and direct the investment company.
The requirements for applying an E-3 visa are:
- The applicant must be an Australian national. People who have Australian permanent residency are not qualified to apply for the E-3 visa.
- The applicant must have a career offer in the US.
- The job offer should be in a specialized area.
- The applicant must have an acceptable qualification and work experience appropriate to the job offer.
- The applicant must have the necessary authorizations to practice the specialty job, if applicable.
How to apply for E visas?
The US E visa application process is not complicated. If you are out of the US and intend to apply for the E-1 or E-2 visas, firstly, you need to fill out a form known as DS-160. After complete the form, a confirmation page will be sent to you, which is necessary for the next steps. You also need to attach a photo of yourself. Next, you should take part in an interview conducted by the Consular Officer at the US embassy. The interview is mandatory for people between the ages of 14 and 79, but people under 14 or over 80 are not generally interviewed. You should schedule an appointment for the visa interview at the US embassy in the country where you live. During the interview, a consular officer will specify whether you are eligible to get the US E visa, and if so, which visa is appropriate based on your purpose of travel. You must prepare the following documents before the interview:
- You must have a visa that has validity six months more than your period of stay in the US. Although some countries are exempt from this rule.
- Confirmation page of Form DS-160
- Receipt of application fee payment
- Another form called DS-156E should be completed by all E-1 visa applicants and E-2 visa applicants who are an executive, manager, or essential employee.
If you are within the US and would like to apply for the US E visa (E-1 or E-2), you must fill out a form known as Form I-129 (Petition for Nonimmigrant Worker) to change the status of your visa. The applicant must provide evidence that proves his/her eligibility.
Before applying for the E-3 visa, you must seek a suitable job offer in the US. You can find a job offer from Australia using the Internet. After you meet this prerequisite, you will need to obtain an LCA or Labor Condition Application, which is issued via the US Department of Labor.
Based on LCA, the employer indicates he/she does not negatively affect the salary and working conditions of US employees by hiring a foreign national. Also, the employer must demonstrate that he/she could not find a suitable US employee for the position. Based on LCA, the employee will earn a fair wage, equally as a US employee. Besides, it shows that the working conditions will be the same as those of US employees.
The LCA is filed without cost and takes 5 to 10 working days to be processed. If it is rejected, your employer can appeal to the application. However, if the LCA is approved for the employer, the applicant must now start the application process for the E-3 visa. From this stage, the applicant must follow the steps outlined for the E-1 and E-2 visas: filing Form DS-160, scheduling the visa interview, and attendance at the scheduled interview.
People must provide the following documents for the US E visa application (E-3):
- A valid passport
- Confirmation page of Form DS-160
- Receipt of application fee payment
- Letter from the employer indicating he/she has offered you the job and also job description and salary
- The form ETA 9035, which ascertains your employer has LCA certification
- Evidence such as property deeds and apartment lease which show that you will return to your home country after the employment contract expires.
- Bank statement, etc
- Your qualifications to assert you are in a specialty profession such as:
- Certificates or licenses for your job (if applicable)
- Letters from former employers to demonstrate work experience
During the interview, if you mention the fact that you intend to reside in the US permanently, your visa application might be at risk of rejection. So try to show that you will return to Australia once your work is completed in the US.
How long can the holder of the E-3 visa stay in this country?
Your US E visa validity will depend on LCA validity. If the LCA is valid for six months, your visa will be valid for six months too. Keep in mind, initially; the E3 visa cannot be authoritative for more than two years.
If you are qualified to change employers and you find a new job that suits you better, the new employer must file a new LCA. You should start your new career within ten days of leaving the previous one. Otherwise, your visa might be at risk. Also, you can change status if you can fulfill the requirements for other visas. If you find an employer as a sponsor who files an employment petition for you, you can obtain H-1B permission. H-1B visa is valid for a maximum of ten years, though, the E-3 visa can be renewed indefinitely.
How much does it cost to petition for the E visa?
The US E visa cost is about $ 205. The cost of the I-129 petition is $460. When your visa is approved, the visa issuance fee should be paid for E-1 and E-2, but there are no visa issuance or reciprocity fees for the E-3 visa. You should receive a receipt after all payments, and you need to save them.
Let’s sum up …
This article described classified details about the US E visa. On the Visa Library website, you can learn about other US visas as well as ways to immigrate to other countries. In case you have some experience, please write it down in the comment section. Your comments let the readers choose better and avoid mistakes. Conveying your experiences in comments is a great help for applicants.
Last Updated on June 8, 2020