E3 Visa

102 Comments

R Gupta • May 27, 2009 @8:59 pm

have an urgent E3 Query.

Q – I have been ‘let go’ by my previous employer and I’ve found a new employer who I can transfer my E3 visa to. The new employer is a boutique consulting firm who have never dealt with an E3 visa. What is the EXACT process of how my E3 visa can be transferred to the new employer. I’ve only got 8 more days to do the transfer process.
I understand that the new employer needs to file the form ETA 9035 with the Dept of Labor and something to do with the I 129 form. I’d like to help out my new company with this procedure but it’s hard to find the exact process as to what is to be done. Who should do what first?

Do we need an attorney to do this ? Or can this be done on our own ?
Is there a help line (eg; EBISS or USCIS that can help with the step by step process)
admin • May 30, 2009 @7:47 am

Hi,
Congratulations on finding a new job so quickly in this economy after your setback!
The exact process is stated in http://e3visa.info/2009/03/02/extending-renewing-or-changing-employers-on-your-e3-visa/ and relates as you say to filing a new 9035 form with the Department of Labor to get a LCA and filing I-129 with the USCIS. The truth is the USCIS almost certainly wont do their part in time you have left so your best (and cheaper) option would be just to get a new E-3 visa and maybe just fly off to Canada and do it there as it will probably be a lot faster and like I said cheaper in terms of USCIS processing fees.
Good Luck,
CJ
Dion • Jun 2, 2009 @8:58 am

What is the easiest way to start work in the USA with E-3 an accountant?

Getting a job in the USA while living in a foreign country would be difficult. I can think of two alternatives though:

1. Employed by a recruitment firm (eg Michael Page, Hays, etc), but initially on an income of nil until they can find you either temporary or permanent work. The worker would remain an employee of the recruitment firm.

2. Travel to USA as a tourist, find a job, then go to either Canada (hopefully) or Australia to apply for the E-3.

Please let me know your thoughts on the above, and any other suggestions
Lexi • Jun 2, 2009 @11:39 pm

Great blog.
Just a question regarding how you can verify that your Australian degree is equal to that of a US degree? Or is that even necessary for Australian degrees.
Thanks so much.
admin • Jun 3, 2009 @8:35 am

Hi Dion,
I have many posts on this exact topic and you are right it is difficult to organize from abroad; Try these posts -
1. http://e3visa.info/2009/01/19/which-are-the-best-places-to-find-a-job/
2. http://e3visa.info/2009/03/18/e3-visa-jobs/
3. http://e3visa.info/2009/05/03/how-to-get-a-job-on-the-e-3-visa/
4. http://e3visa.info/2009/02/09/how-to-explain-the-e3-visa-to-a-potential-employer/
5. http://e3visa.info/2009/02/18/what-is-the-e3-visa/

Also on the the all posts tab you will see many other relevant posts as well as posts on the H-1B visa which is also in the main relevant to the E-3 visa as well as indirect routes via the J-1 visa or F-1 visa.

On your 2 specific ideas, no.2 is definitely a route that people take but definitely do some preparation work prior to arriving in the US to keep your costs lower. No.1 becomes a bit risky as the company that employs you has to be approved by the Department of Labor and commit to paying you a certain wage depending on your profession and location (essentially this is the same average type of wage a US worker would get for performing the same role in the same area)

Good Luck,
CJ
admin • Jun 3, 2009 @8:38 am

Hi Lexi,
Thanks for the complement.
Yes your Australian bachelors degree will suffice and is considered equivalent for this purpose.
CJ
CC123 • Jun 3, 2009 @7:58 pm

Hi CJ,

You’re a legend. Couldn’t agree more with Lexi, this is by far the most helpful site regarding E3 Visa that I’ve come across in my whole 6 months of ‘organising’.

Hopefully you can help with the following – I’ve been trying to find answers to these q’ns for a while now:

1) How many E3 Visa’s have been issued this year so far (i.e. has the 10,500 annual quota been filled yet?) – Where could I find such info?

2) What kind of job offer would I require to be issued an E3 Visa?
In the US a lot of jobs (in finance particularly) start out as a 6-12 week contract before you get a ‘permanent’ job offer. Would that mean I get an E3 visa for the contract period and then apply for another E3 visa after I get a permanent offer? or would I have to get a permanent offer straight up to qualify?

Thanks again!
Jo • Jun 4, 2009 @3:38 pm

hi,

I have 2.5 TAFE diplomas as well as 6 years of work experience in the field – do you think this would suffice to the equivalent of a bachelors degree??
admin • Jun 4, 2009 @5:05 pm

Hi,
Thanks for the complement it is always nice to hear although legend maybe going a little too far I did want to demistify the E3 visa and others as best as I could for people.

For your first question the answer is unknown. One year they published a figure on the Canberra US Embassy E3 Visa FAQ site. I mean you could try ringing the USCIS in the US who would be the ones to keep record of such figures. Most importantly that quota has never been reached in any year (October to September) and from all reports never even been close. I have never even heard of half the quota being achieved in 1 year.

In terms of your second question it would have to a full offer. However most often in the US you are right jobs usually have a 60-90 day probation period but that is viewed is OK. As it is assumed that if you are competent, dilligent and qualified. you will continue on past the initial 3 months. So it would be one E-3 visa as this would be considered a permanent offer.

CJ
admin • Jun 4, 2009 @5:10 pm

Hi Jo,
To be honest it would be considered borderline as I am not sure how they would view the TAFE diplomas. As a rule of thumb it is 3 years relevant work experience for each year of a bachelor degree. So this would be 9-12 years of work experience to equate to a 3 year or 4 year Bachelor Degree. So as I said I guess it depends on the person assessing you at the consulate and of course whether the position you are applying for requires a bachelor degree for the role and deems your experience and certifications adequate as a substitute to offer you a position.
I wish I could be more definitive for you but just am not totally sure in your case.
Good Luck,
CJ
admin • Jun 4, 2009 @5:24 pm

Hi Richa,
I am not sure why this didn’t post properly the first time but here goes again
Congrats on finding a new employer so soon after your setback, that is a great effort.
You are correct about the procedure filing the ETC 9035 form and then after receiving your LCA from the Department of Labor and then filing the I-129 to the USCIS.
You don’t need an attorney to do this but many use it for peace of mind. Although for me paying thousands of dollars in legal fees isn’t my kind of peace of mind
You can call the USCIS as well on their number 1-800-375-5283 and read our post on this topic http://e3visa.info/2009/03/02/extending-renewing-or-changing-employers-on-your-e3-visa/.
Good Luck,
CJ
Amy • Jun 16, 2009 @2:06 pm

i am renewing my E3 visa. Do i need my employer to file a I-129 to the USCIS?…on the US embassy website, it does not specify that I need an I-129.
admin • Jun 16, 2009 @3:43 pm

Hi Amy,
Yes you do need to file the I-129 to the USCIS for renewal if within the US.
CJ
Amy • Jun 16, 2009 @4:54 pm

i am going to London US embassy to get my new visa….do i need to file I-129 i if i do that? I have an LCA.

Thanks so much!
admin • Jun 18, 2009 @12:58 am

Hi Amy,
If you are getting a new visa it is just like the original time you got your E3 visa so yes it is just the LCA.
Good Luck,
CJ
Warren Klibbe • Jun 18, 2009 @5:06 pm

Hello,

Firstly, just want to compliment you on a truly fantastic website – great job!

I’m currently in the US on 3-month visa waiver for interviews with prospective employers. I have fulfill all requirements relating to a Bachelor degree and have 7 yrs of relevant work experience in my area of expertise being implantable medical devices. However, one question that keeps coming up is -> How long does it take to get approval via the Dept of Labor (DOL) authorization, and also the visa once an interview has been completed?
Also I’ve been on the relevant USCIS websites and am slightly confused on what exact forms are needed at the consulate interview. What else besides the following are needed: DS-160 (completed online), DS-156, DS-157, DOL printed and completed, relevant academic transcripts and proof of degrees. Furthermore, I assume that I must leave the US and go to Canada or AUS for the consulate interview?

Any help would be greatly appreciated.
Thanks in advance
Warren Klibbe
Elizabeth • Jun 18, 2009 @6:09 pm

Hi,

I would like to find out whether one is allowed to study full time, together with working full-time on an E-3 visa. Say, if you work from 9-5pm and study every night from 6-10pm as well as on weekends. Is this allowed? I haven’t seen any restrictions on the E-3 that would say it’s not.

Thanks.
admin • Jun 19, 2009 @3:28 pm

Hi Warren,
As always thank you for the kind words.
You pretty much cover all the documents you need. The for ETA-9035(E) you file with the Department of Labor to get the the LCA usually is pretty quick to get back (matter of days) if filed online. This is the only thing you need to do via the employer
This covers all the documents you need; http://e3visa.info/2009/02/18/what-is-the-e3-visa/ and it pretty much is the same as you mention.
You do have to outside the US to apply for the visa at a US Consulate since you are on the Visa Waiver Program.
Good Luck,
CJ
PS. Remember to pay for Visa fees prior to going to Interview (in Australia it is at Australia Post)
admin • Jun 19, 2009 @3:34 pm

Hi Elizabeth,
The answer to your question is not entirely clear as it not explicitly stated anywhere as far as I am aware. However to study full time at a US college, there is a number of requirements they will need you to pass and say for F-1 visa students, the college has to issue them an I-20 form. I think you have 2 options to clarify for sure, one being ring the USCIS or two just going to a college admissions area and see what they say.
Good Luck,
CJ
SM • Aug 17, 2009 @8:26 pm

Hi, I just posted this on another one of CJ’s posts, but just found this one that is more relevant, so I’ll post it here….I’d just like to share my experience in applying for an E3 visa and wanted to know if anybody out there had the same problems; At my consulate interview I was asked for documents explaining the nature of my work and why it requires a bachelors degree- the position being a curator for an media arts organisation. I only had my job offer letter, so the officer kept my passport and suspended my visa under section 221g. A couple of days later I faxed through the missing documents (job contract, a letter from employer explaining the nature of my work and a job description) and my case is currently undergoing administrative processing. Three weeks later, I am still waiting for approval. I suggest to anyone attending an interview that they supply as much information about the position as possible, especially if it’s an arts job. Has anyone out there experienced the same thing, if so, how long did the ‘administrative processing’ take?
SM
admin • Aug 18, 2009 @9:21 pm

HI SM,
Thank you for posting your experience here.
The nature of your role in being a curator is what is obviously the issue in question. Due to the crackdown on the H1B visa, this has filtered into other similar visas like the E3 visa whereby they want to ensure the roles are really university qualified roles. Basically I agree if you are offered a role whereby you think that a 3rd party may think that anyone could apply for this position regardless of their education level then take as much information as possible like even the advertisement for the job showing the requirements. You should always take any info about the job like job description, etc. regardless of your role or have it mentioned as part of the offer letter. In most cases this won’t be required but as SM stated in certain sectors it always better to be prepared.
For those who have gone through administrative processing, the times vary from few days to months with no real rhyme or reason connecting the processing time to the nature of the case.
I wish you the best of luck and speed in your case,
CJ
SM • Aug 22, 2009 @1:31 am

Thanks CJ, my visa was approved yesterday; exactly three weeks after the date I submitted the supplementary documents.
SM
admin • Aug 22, 2009 @3:12 pm

Hi SM,
Glad to hear it is resolved.
All the best,
CJ
Tim • Sep 9, 2009 @10:22 am

Hi, I have 7 years experience in recruitment/HR in health care and engineering but have no bachelors. I’m currently in the process of completing one.

Would roles under recruitment be considered for the e3 visa please?
e3visa • Sep 11, 2009 @1:27 pm

Hi Tim,
Yes HR and Recruitment roles could potentially be covered under the E3 visa as as mentioned in this post, it is very broad how the specialty occupation condition is applied. However you would probably want to complete your degree first and you need enough experience in the particular industry to which you are applying to substitute for a degree (i.e. 3-4 yrs relevant experience for every year of a degree). Also I don’t know personally but I magine that field would be tough to break into as there would possibly be a bias to hiring locals given the uniqueness of one local set of HR vs. another country.
Good Luck,
CJ
Marina • Oct 26, 2009 @12:33 am

Hi,

I am planning to apply for jobs in Marketing and PR though I have a Bachelor of Media (journalism) degree. I have 3 years of work experience in Marketing and PR. Would I be eligble for a job in a different non-media industry even though I have a Media undergrad?

Also, is it possible to get an E-3 visa for “assistant’ positions, or do they have to be Managerial, eg. I would be going for Assistant Marketing & PR Manager positions.

Thanks
e3visa • Oct 27, 2009 @11:55 pm

Hi Marina,
A Media undergrad and work experience in Marketing/PR could translate to a lot of careers that are very broad like business, entertainment, arts, etc. so it is certainly possible to get a role in many other industries.
Many assistant type positions don’t require a university level degree as a pre-requisite for the role and that is wha tyou have to ask yourself when looking at any role. Is this position stating clearly the applicant needs to be a college graduate to be successfully apply for the role. Positions don’t have to be managerial just of the nature that college degree could reasonably be expected to be required for that position. I guess we are distinguishing between say some who is a personal assistant or secretary vs. someone who is actually performing the role themselves and could be promoted to the role of the person they are “assisting”.
Good Luck,
CJ
Pat • Nov 18, 2009 @2:33 pm

I’ve tried finding the answer to this on this site and elsewhere but without success. I’m attending my E3 interview in London next month and have a question about degree certification.

MY BA degree is from the UK and my MPhil/PhD is from Columbia University. Do I need to get the UK BA checked for equivalency to a US BA? I’m sure I’ve read that the US-based higher degree would mean the foreign bachelor’s degree would not need to be verified as equivalent to a US degree, but I might be wrong.

Thanks.
onca • Nov 18, 2009 @10:45 pm

I’m an Australian citizen currently applying for a Research Analyst role at a not-for-profit in the US – the advertisement doesn’t explicitly say it requires a bachelors degree, but instead requires a certain amount of experience in research. Obviously most people will satisfy this requirement with a bachelors degree – will this be sufficient to be eligible for an E3 visa?
e3visa • Nov 22, 2009 @5:05 pm

Hi Pat,
In your case almost certainly not. It doesn’t hurt but given you have US qualifications and the US certainly recognizes British undergraduate degree as equivalent to their own that just showing the degrees itself at the interview will suffice.
Good Luck,
CJ
e3visa • Nov 22, 2009 @5:09 pm

Hi Onca,
Well generally research analyst roles are specialized and require university level skills. Is this job a job that anyone can apply for realistically if you were to be unbiased (i.e. someone with just a high school education but a couple of years experience in the field). In cases like this it becomes the nature of the position itself that becomes relevant in terms of what you will actually be doing. It sounds like it should be OK but definitely supporting documentation from your prospective employer stating that it is a specialist position and requires your unique skills when you go for your E3 visa interview will not hurt at all.
Good Luck,
CJ
Evan Guest • Dec 1, 2009 @6:06 am

I went to my interview to apply for my E-3 visa at the Sydney US consulate yesterday. I do not have a college degree but do have 6 years experience within my specialty industry. I was told that I needed to show documentation (proof) that my theory & practical knowledge in my specialty occupation was the equivalent of a Bachelors Degree. They told me that I would have to search on the internet to find someone who can evaluate my experience and provide me with an Accredited bachelor’s degree equivalency documentation.

My question is: where can I find such a company to do the evaluation for me???

I have a company called E-3visa.com.au who claim that they can source all the documentation above for me for a fee US$365.00. I want to go ahead but not sure if it is a legitimate organisation. They seem to be but i just thought you might be able to inform me
e3visa • Dec 12, 2009 @2:26 pm

Hi Evan,
In general for experience to count towards substituting for a Bachelor’s Degree it has to pass a few tests. As a general rule your knowledge has to be specialized such that a bachelors degree is a job requirement minimum for the role in the US and that fact is evident. In general there is rule of thumb stating 3 yrs of experience for every year of a degree which generally equates to 9-12 years minimum of professional and relevant experience in the specific field. This is not a documented rule but in my experience has tended to hold true except in the cases where a position is super unique that very few people would have the skill to perform it in reality.
If you search on the Internet there are many universities and private companies in the US that do these type of evaluations and the type of money you quoted seems average from everything I am aware of. I am not going recommend anyone specifically as have no direct personal experience with one but definitely recommend talking on the phone to them first. The company you mentioned could be fine too.
Good Luck,
CJ
Kevin • Feb 23, 2010 @7:27 pm

Hi, Firstly can I commend you on an excellent and very informative website. I can not find any other website with so much detailed info on the E-3 visa!
I know you have given great detail on the above topic but I would be delighted to have your opinion. I have a degree from UK in Property Investment & Development, although I am applying for a Sports Development Position which is developing an Irish Sport within an area of the USA. I have 5 years experience held in non-paid key roles within the sport in Ireland. The job requires prior experience and strong knowledge of the Sport which i can demonstrate. As part of the role there is a requirement for identifying and setting up new Clubs which will involve facility identification & securement which I have skills from my degree. Do you think it will be eligible for e3?
Thanks
Madhavan • Feb 25, 2010 @9:17 am

Hi Chris,
I am an Australian citizen with a bachelor degree in mechanical engineering from Indian university and Masters Degree in Information Technology from Australian University. I’ve a job offer from service station in US as a Manager and I’ve also got a 4 yrs experience in service station as a customer service representative.

I know that the job offer which I got is not related to my studies but still I am interested to do that job as the employer is offering me a good money and he is also offering the job to my wife(she has bachelors degree in Information Technology from Indian University).
I am just wondering whether I am eligible to apply for e3-visa and if I can how do you want me to proceed for the application.
Thanks
e3visa • Feb 27, 2010 @6:03 pm

Hi Kevin,
Thanks for the kind words.
Now the role itself may qualify for a specialty occupation the way you describe it and you would defintiely want to document all the major details in your ETA-9035(e) employer filing with the US Department of Labor. However correct me if I am wrong but are you Irish? If so you are not eligible for the E3 visa as it only for Australian citizens. If you are Australian then yes I think you definitely have a shot just ensure that you are always emphasizing the speicalty nature of the role in official application documents and in your interview and how it is related to your qualifications and special experience.
Good Luck,
CJ
e3visa • Feb 27, 2010 @6:12 pm

Hi Madhavan,
It would be almost impossible I think to prove to the US Department of Labor and US Consulate that a Service Station manager is a specialty occupation or also in your case that has any relation to your qualifications or experience. I would hate you to waste your time and money with this and then at then end have a denied US visa on your record.
CJ
Kevin • Feb 27, 2010 @7:13 pm

Hi chris, thanks for the info. I am Irish but also an Australian citizen by descent which the us embassy confirmed still qualifies, what they said was “as long as I have an Australian passport”
Dominic Lynch • Feb 28, 2010 @3:41 am

I went for an E3 visa appointment last week and was turned away because I suposedly need an equivalency test. Through research I’ve found no actual way of obtaining an equivalency for Bachelors degree and there was no indication anywhere I looked saying that I needed such a thing. I have 3 semesters of a bachelor of music degree and more than 10 years of proffesional music experience. I feel I was short changed so what do I do to get this Visa. The embassy still has my passport etc.

Regards Dom
e3visa • Mar 8, 2010 @1:35 am

Hi Dominic,
One of the conditions of the E3 visa is the position you apply for must be a specialty occupation and require a bachelors degree as a minimum requirement. If you don’t have a bachelors degree you have to prove that the academic qualifications and/or experience you have equates to a US bachelors degree. So your situation is a common denial that people who don’t have a bachelors degree often face. If you search Google, you can find many companies that do US degree equivalencies and I recommend getting this done if you want to have a chance to be approved for the E3 visa.
Good Luck,
CJ
Clare • Mar 17, 2010 @1:59 pm

Hi – thanks for the great blog. I’m considering applying for this E3 visa. I graduated with a Bachelors Degree (with honours year) in International Relations and have been talking with an interested company that works in the international security field. While the fields aren’t directly related (more people working for the company will have degrees in IT or engineering), i also have 7+ years of work experience that they are keen on. Do you think I’d have a decent shot at this visa? And then, if the company wants to employ me then all they have to do is apply to sponsor this E3 visa and then I can go there to work? Or are there also other hoops to jump through in addition to getting an employer and this e3 visa? Thanks
e3visa • Mar 22, 2010 @1:16 am

Hi Clare,
Thanks for the kind words. I think you certainly have a decent shot at that role with your background. Essentially they just have to follow the process documented here; http://e3visa.info/2010/01/15/e3-visa-process/. So yes is relatively straight forward as they have to file a form with the Department of Labor to get approval which usually takes a week or so and then you can apply for your E3 visa at a US consulate with all the appropriate documents.
Good Luck,
CJ
Stephen • Mar 27, 2010 @9:11 pm

It would be really handy if the equivalency test for people without a degree was noted in the main article, I think it’s a fairly important point which seems to be left out whenever information is provided on the E-3.
Stephen • Mar 29, 2010 @6:07 pm

Hi Chris,

I’m a little confused with what constitutes as equivalent experience, I had an evaluation done on my experience which came back with 8 years verifiable experience and no post education. The evaluators have said that I need 12 years verifiable experience or 1.5 years post education on top of the 8 years experience. However on this post you’ve said that 6+ years of experience directly related to the position should be enough, that is of course with a job offer and an approved LCA.

So does this mean that I don’t need the equivalency evaluation to apply for the E-3 visa if the LCA and job offer is provided along with my 8 years experience? Also, the roles that I’m looking at indicate that a Bachelor’s degree or equivalent experience is preferred, but not required – are these roles still illegible for the E-3 visa?

thanks in advance.
e3visa • Apr 12, 2010 @12:20 am

Hi Stephen,
The equivalency test is not a fixed, documented one size fits all process and is very subjective based on each circumstance and indeed assessing US consular officer. So other than mentioning broad concepts around the topic there is not much more to provide as applicable information.
CJ
e3visa • Apr 12, 2010 @1:07 am

Hi Stephen,
The 6+ years is probably slightly misleading as it tends to only work in rarer cases. The general rule of thumb used (though certainly not written officially anywhere) is that 3 years relevant experience for every year of a Bachelors Degree. In the US a Bachelors Degree takes 4 years so that would mean 12 years experience. In Australia you can get a Bachelors Degree in 3 years which would equate to 9 years experience. So the range of 9-12 years if probably more accurate of relevant work experience in the absence of any relevant qualifications. The role you apply for must have Bachelors Degree as a minimum requirement so if it is optional then that role would not be applicable to the E3 visa.
Good Luck,
CJ
jrpabs • Apr 22, 2010 @6:36 am

Hey there, I’m currently on a J1 (without 2 year restriction), and I’m interested in obtaining an E3 for an Assistant to motion picture Producer / Executive job. I have a BA (media & cultural studies) which is certainly in line with the prospective job but I’m a bit uncertain on the eligibility of the ‘Assistant’ part, but at the same time am relieved that others are doing this role under h1b’s. Could you give me some guidance on applying for an E3 under this title?

Also if the process moves forward I could probably never get a week day off in this role..how would I work around that? Transfer status inside U.S.? Thanks a bunch.
jrpabs • Apr 22, 2010 @7:05 am

Hi again forgot to mention that the person who successfully obtained a H1B said she didn’t go for a E3 because the job’s salary wasn’t high enough for the E3. I thought though that the E3 requirements are the same as for the H1B??
e3visa • Apr 22, 2010 @10:32 pm

Hi Jrpabs,
Yes you are right the part where an issue may come up is the job title even if the role itself is fine as seemingly are your qaulifications for the role. I would suggest maybe taking out the word assistant for the official filing of the role and adding the word “specialist” as often those less than significant distinctions may make the difference. You could transfer status inside the US but if you are working for different employer now on your J1 visa than you will be with your e3 visa, you wont be technically allowed to start the new role at the new employer until you receive approval. That may present an issue for you based on your information. The quicker way to get approval is often to do a new e3 visa in Canada rather than wait for the USCIS to process within the US especially as it is currently in the midst of H1B visa season and processing times might be even slower than usual.
You are right the salary requirements are the same for both visa for the same role, location, etc. as they follow Department of Labor standards.
Good Luck,
CJ
jrpabs • Apr 23, 2010 @9:32 pm

Hey, thanks for the info. I haven’t been employed since getting my J1 – am I able to start a new job on my J1 then transfer with out issues to an E3 for the same job? Also you think it’ll get approved by the date of my J1′s expiration – Aug 15th?

thx
e3visa • Apr 24, 2010 @12:30 am

Hi Jrpabs,
Yes but on your J1 visa your employer (or host company as it is legally known) is effectively your employer. You can’t start anything new on your J1 visa until approval has been received from the USCIS and if you filed now it would easily be processed well before August.
Good Luck,
CJ
Anne • Jun 8, 2010 @6:55 am

Hi,

Great site, thank you so much for making everything so clear.

I am hoping to apply for the E3 Visa, however I have a question. I have a bachelors degree from an Australian University. However it’s only for 3 years and I have seen on some websites that you need a degree that takes 4 years. Is this true?

The field I’m hoping to get a job in is Advertising. I have 4 years experience in advertising and also completed 2 courses from the National Advertising association.

Do you think I’ll have any issues getting an E3 Visa? I’m just worried that my bachelors degree didn’t go for 4 years.
Thanks.
e3visa • Jun 20, 2010 @2:14 pm

Hi Anne,
A bachelors degree from an Australian university is equivalent to a US Bachelors degree so you are fine.
Good Luck,
Cj
Kyleigh • Jun 21, 2010 @7:12 am

Hi again,
I posted on another page but am now considering that I posted on the wrong page. Ive just read these posts and have concluded that the E3 Visa interview is going to be a little more difficult that I had thought.
I have been on the phone today to the US Consulate and was told that my occupation would be considered a specialty occupation (Im a Private Investigator) however after reading these posts, I may be questioning that information. Am I right, after reading all of these posts, to be under the impression that the job that I will be applying for (or in this case, Ive already been given a job if I can meet the requirements of this Visa) definately needed to be a job that would usually require a Bachelors degree, to obtain the position?
I have 15 years experience in this field but I am pretty sure that you dont require a Bachelors degree in the United States to obtain this job.
So now I am a little confused.
Does my question make sense?
lIm sorry If im not explaining my question well…

Cheers
Greg B • Jun 30, 2010 @4:01 pm

hi there, this is a great website, well done.

i have 2 questions in regard to an initial e3 visa application. i am currently in the US on a b1 visa and have been offered a job.

can the US embassy in Nassau process initial e3 visa applications? and if so, do they refer to this as an e3 renewal? or just as an initial e3 application?

also, do i need to get my bachelors degree transcript ‘certified’ ? what is the best way to do this?

many thanks
Jean Davis • Jul 9, 2010 @4:49 am

Hi,

Thank you for this wonderful website. I have a Bachelor’s Degree in Music Performance from Australia, and a Master’s Degree in Music Performance from a University in America. I have been offered a job in New York City at a jazz rehearsal studio. Do you think that I could get an E-3 for this job?

Jean
Kate • Jul 16, 2010 @8:34 pm

Hi CJ,
Wicked website- super informative and easy to understand, so thankyou! I just wanted to get some info on the Consulate interview. Do you need originals of documents to show at the interview, eg. My Bachelor certificate?
Any info you could give would be very much appreciated,
Cheers,
Kate
Anenesh • Jul 18, 2010 @4:51 pm

Hello,

I share in all the accolades I am reading about you. My question differs slightly from those posted here. Through one of those rare chance occurrences that can happen in life, I was offered an unexpected and genuine opportunity of employment when on a recent trip to the States. I qualify for an E3 visa under all the regulations stipulated. The employer is so keen that he is questioning whether or not he should formally advertise for the position. As we both want the application to be successful, what would be your recommendation? Thank you very much.
Toby Dankbaar • Jul 24, 2010 @4:58 pm

Hey CJ,

I am an Aussie citizen currently in LA on the visa waiver program. I have been interviewing for a marketing position at a health club in the LA area which requires a bachelor’s degree or higher in the marketing field.

I have a 4 year’s bachelors degree from the University of Washington in Sociology and a Masters of Commerce degree majoring in marketing from the University of Sydney.

The manager of the company is worried that my degree may not pass as a specialized body of knowledge since many people in the US with MBA and equivalent degree’s are out of work right now. Is this the case or do you think my degree will ensure that my application is approved?

One other angle that he was thinking of taking was using my Rowing expertise as a way of applying. I have competed for Australia in rowing at the Junior national level as well as competing for the University of Washington on a 4 year scholarship and winning national championships. I have 2 years rowing coaching experience as high school and elite level as well as my dad having competed on the Australian Olympic team and been a rowing coach all of his life.

He was thinking that I could possibly start a rowing class at the gym which would be unique and possibly create more jobs for the business, while still performing the same marketing duties. What are you thoughts on this?

Sorry for the long post and looking forward to your reply,

Toby
db • Oct 26, 2010 @10:58 pm

I have a fairly non-standard case. I’m an US employer trying to hire an Australian who has a very specialized set of skills. (Namely, he is one of the very few persons in the world who knows a computer language on which my product is based.) The language is very new (a year old) and he is very young (18 years old.) He is trying to work to raise money for college, and doesn’t have his degree yet. Seems like the “Bachelors Degree” would be a show-stopper, but given that his skill is so specialized is there any chance at all that an E-3 would work?
e3visa • Nov 21, 2010 @3:04 am

Hi Kyleigh,
Yes as I replied elsewhere, a prerequisite for the E3 visa is that the role itself must require a bachelors degree as a minimum to be considered appropriate. The H1B visa (http://e3visa.info/2009/03/10/what-is-the-h-1b-visa-how-do-i-get-one-now/) is a little more flexible in that regard but there are costs of application in regards to that visa.
Good Luck,
Cj
e3visa • Nov 21, 2010 @3:54 am

Hi Greg,
Thanks for the kind words.
The US embassy in Nassau should be able to do it but you can always contact them to confirm. You don’t need to get your degree transcript certified in most cases unless there is something especially unusual about your case.
Cj
e3visa • Nov 21, 2010 @4:17 am

Hi Jean,
Thanks for the kind words.
If the job itself requires a bachelors degree as a minimum criteria then you certainly could qualify for an E3 visa.
Cj
e3visa • Nov 21, 2010 @4:27 am

Hi Kate,
Thanks for the kind words.
The more information the better at the interviews but copies of your degree should be fine.
Cj
e3visa • Nov 21, 2010 @4:28 am

Hi Anenesh,
Thank you also for the kind words.
He does not need to formally advertise for the position. As long as the position itself would realistically require a bachelors degree as a minimum requirement for hire.
Good Luck,
Cj
e3visa • Nov 21, 2010 @4:41 am

Hi Toby,
You should be fine given your degrees for that marketing role. You could also add the rowing part to your job description but don’t think it is necessary.
Cj
Sally • Dec 9, 2010 @12:40 am

Hi
Can you tell me if I would be able to get an E3 visa as a registered nurse specializing in Labor and Delivery. I hold a batchelor degree in nursing and diploma in midwifery with 17 years experience 12 years in midwifery in Australia. I won’t be able to become a CNM (MIDWIFE) without completing nursing in the US first but many ‘magnet status’ hospitals and others only offer labor and delivery RN jobs requiring a minimum of a BSN. Would I meet the E3 visas conditions once i complete NCLEX etc if the hiring hospitals require a bsn and 1-2 years experience as a minimum education standard for this specialized job?
thanks
Sally
Kathryn • Jan 24, 2011 @11:05 pm

Hi

Firstly -thanks for this great website. It is very comprehensive!! I have been accepted for a role in the US and I’m about to start the visa process off. An Aussie friend of mine suggested I push for an E3 visa instead of an L1 intercompany transfer visa as it has better benefits for spouses. Can you explain how the E3 is a better visa for me or point me to a comparison between the various visa options?

Thanks
Kathryn
Laura • Jan 25, 2011 @10:58 pm

Finally, a website on E3′s that is on the money. Thank you so much, and yes you are a legend!! I am an Au citizen who is using the E3 to work in my field (I have a bachelor) in Los Angeles, it is a HR consultants role part time. My question is – I have a second job offer that is NOT in HR field, however I have worked in this field before. I have experience in this field (its working with animals). What do I need to do so I can work in this second field? I need some kind of additional visa / secondary form I would assume?

Cheers
Laura
Adam • Jan 27, 2011 @2:50 pm

Hi CJ,

I have just over 7 years experience in my field and just over 1 year of a Bachelor of Economics from Sydney that I am working through slowly but surely, added to which I did 3 years in the US on an L1 transfer from a US Bank’s Sydney office to their Head Office (2006-2009)

Do I sound eligible for an E3?
e3visa • Feb 6, 2011 @4:13 am

Hi Adam,
Yes you are eligible both from the point of view of your degree and from your experience.
Cj
e3visa • Feb 6, 2011 @4:26 am

Hi Laura,
You need to have the role approved by the Department of Labor via the ETA-9035 form again and then have it approved by the USCIS if you do it within the US. You may run into difficulties given there is a large difference is the nature of your two roles but it is really unknown.
Cj
e3visa • Feb 6, 2011 @4:35 am

Hi Kathryn,
Actually the E3 visa and L1 visa both have working ability for spouses. The difference with the two visa lies mainly in the renewal periods (E3 visa 2 yrs, renewable indefinitely AND L1 visa 3yrs, renewable once) and that the L1 visa more definitively allows for your employer to sponsor your permanent residency application in the US. However this is not explicitly prohibited on the E3 visa either.
Cj
Becker • Feb 28, 2011 @10:34 pm

Hi Chris,
How are you? My name is Becker, I was wondering if you could shed some light on a few queries i have about the E3. I currently hold a bachelors degree in Jazz music performance. I am planning to move to NYC later this year and i have a job sponsor. My first query is about the job offer from my sponsor. The job description is jazz instruction book writer, so i would like some advice on whether you think the offer can be linked to my qualifications and more importantly, what types of job titles i can use to put on the LCA? if you have any other relevant information, i would greatly appreciate it. Thanks for your time, i know you must be busy!!
Best regards,

B.
Kathy • Mar 2, 2011 @5:01 am

Hi,

I too very much appreciate the help with the E-3 Visa. I have my Graduate Certificate in Employment Services, which according to the Qualification Framework of Australia is Higher than a Bachelors Degree even though I only had to do 2 yrs ro gain my qualification. I also have 10 years experience in this field Plus a Diploma in Human Resource Management. Do you think this will be enough to satisfy the qualification requirements. Most of the jobs I have applied for doe request a Bachelors Degree or equivalent.

When I’m writing an introduction letter I am advising the employer that I will require sponsorship but as far as I know that it is a similar process to those that are required by Canadians seeking sponsorship. I’m trying to explain to the employers that the process of hiring someone with a E-3 Visa is a lot easier than others. Would this be correct?

Thanks for any help you can supply.
Ben • Mar 10, 2011 @10:26 am

Hello, I have been sorting through your information, but can’t seem to find what I am looking for. I am Australia, I am a qualified chef, specializing in fine dining and raw vegan food. I have tafe qualifications and 7 years experience. I am looking to work in America as a raw vegan chef, I have someone that will sponser me and am wondering would the E-3 visa be the right visa to apply for?

Thanks

Ben
Jim • Mar 23, 2011 @5:19 pm

I am currently on a J-1 visa, working for a finance company here in the U.S.

I hold a Bachelor of Business degree from La Trobe University.

The company is keen to sponsor my E-3 visa but the company they used to evaluate my degree has come back saying that my Australian degree is not equivalent to their U.S. degree. I find this hard to believe considering all the information I’ve read.

Any suggestions?
Sammi • Apr 1, 2011 @5:41 am

Dear Chris

I have completed a 3 year design diploma at TAFE in Australia and have 12 years experience in the design industry.

I have spent the last 3 years broadening my skill set away from design to more PR focussed in the luxury goods industry. I am seeking work in NYC in luxury goods companies and interested in applying for an E-3 visa. Do you think I have a chance of receiving one without a Bachelors Degree? I’m assuming my work experience would be sufficient…

The positions I will apply for have a Bachelors Degree as a requirement but are for PR departments in luxury goods roles.

This is a sideways shift from design (which my background predominantly is) but within a similar industry. So I am not sure if my visa will be rejected as I am more PR focussed in my job hunting rather than specifically design.

Thank you so much for this fantastic website. It has really help to simplify such a complex immigration process.

Thanks in advance for any advice you can offer.
Joni James • Apr 22, 2011 @4:21 am

Having just had my E3 interview at the US Consultate, I have to let you know your article above certainly isn’t accurate pertaining to people without a degree. It is a lot tougher than your article states and they won’t easily bypass it with simple wording.
MAK • Jun 2, 2011 @5:41 am

I would like to know the complete list of “SPECIALTY OCCUPATIONS”.
I am an Australian and would like to work in USA. I have been to USA more than 150 times and LOVE USA.
Rob • Jul 1, 2011 @6:25 pm

Hi CJ,

I have been hired for a video-media job in the US and they are submitting their end of the forms this week, however I don’t have a bachelor’s degree. I have an Advanced Diploma, Diploma, Cert IV and Cert III (in screen, the same field as the job). The job position does not ‘require’ a Bacherlors Degree and is considered a specialty position. I have 3 – 4 years experience in the industry. Are the odds low or high that I’ll be approved for the E3 visa?

Thanks,

Rob
Carolyn • Jul 21, 2011 @1:23 am

Hi CJ

thanks for the blog.. Great information that has been very useful.

A couple of questions
1. I am thinking of applying for my visa in the UK? Have you heard if the UK is a good counry to apply ie.. wait is long, how do you apply for an apppoitment etc etc
2. Where do I find information about the salary requirements for my filed?
Dennis • Aug 20, 2011 @2:50 am

Hi CJ
This is very helpful website. Thank you very much for your great information.
I really need your advice.

I have been currently offered a job from a logistics company in USA.
I have a bachelor of arts degree in (linguistics and Japanes), and currently working in a marketing company in Korea over 3 years.

The head of logistics company like to hire me to cutivate market in Korea.

My question is
1) Is it possible to try for E3 visa, although my background(my bachelor’s degree and work experiences) doesn’t actually match with “logistics industry”
2) Once I apply for the E3 visa, isn’t it possible to travel to USA? Should I just wait for interview?
Dennis • Aug 20, 2011 @3:36 am

I am Australian citizen and planning to apply E3 visa in Korea.
Chris • Sep 26, 2011 @3:37 pm

Hello all,
I am in desperate need for advice. I am currently in the US on a J1 12 month working holiday visa. This visa is nay tailored to filling temporary jobs, not career oriented work. However I’ve been offered a position with a logistics company as an ‘account manager’. My degree I.e specialization, is in environmental science. So before I accept this position I’d like to know the likelihood of being granted an E3 visa!? Is it worth pursuing this route? I do want to stay in the US, but not if it means eventually being denied an E3.
Thanks, Chris
Mindi • Oct 10, 2011 @1:29 am

Hi CJ,
You are a legend!!! Here is my issue. I have 30 years experience (no Bachelors) working for the Australian government. I had my resume professionally evaluated in the US (cos $500) and my experience equated to a Bachelors in Human Resources. I am currently not in the US, but I’ve found a small business that is willing to sponsor me for the E3 with a part time job. The employer is a contractor in the drainage industry and I would be able to do Office Managment duties, mostly administrative in nature. The issue is what Specialty Occupation could I use that would qualify for E3 purposes. Also, how is the prevailing wage determined. Is it what other small businesses are paying in the area or does it have to match some occupational information on the DOL website? Thank you!!! Mindi
Mallory Smith • Oct 13, 2011 @5:20 am

Hi there,

This blog is awesome. I have a question similar to Sally’s above. I am a Registered Nurse with a Bachelor of Nursing from QUT, AUS citizen and 2 years experience. I understand I need to have my degree assessed to meet State of NY regulations, sit the licensing exam and then once I’m registered can travel to the US to gain employment for the LCA and E3 application. Have you heard of anyone in the past having success in gaining an RN position that requires a Bachelor degree, as it seems many US positions only require an associates degree.

Thanks, Mallory.
OTB • Oct 17, 2011 @2:38 am

Hi CJ,

Great website, it’s really making my research of the E3 alot easier!!!

Quick question, as I know it has been raised many times in the past, but I can’t seem to get any actual clarity on the subject…

OK, so I am very much hoping to make the move to the US aroud April of next year…. I work in finance, very specialised job, but I probably wont be able to land the same role in the US due to it being based on stock broking etc…

I dont have a degree but I do have a Diploma of Financial Services and am soon to be commencing a Masters Degree of Applied Finance… on top of this I have a whole bunch of highly regarded (but of course unrecognised qualifications around my role)

The jobs I would be applying for would be finance/banking related and all the jobs I see advertised require a degree….

I have about 9 years experience in financial services industry (insurance/banking/financial markets)

My questions are these:

1) Accepting that one needs 3years exp per year of degree, I may just clear it (with nine)…. Does the experience need to be 100% related to the job, or can it simply be INDUSTRY experience, relevent to the industry I am applying to?

2) Will my Dilpoma (2 years of study) and other qualifications COUNT towards proving I possess a “specialised body of knowledge”?? Or are dilpomas etc just disregarded?

3) Do you think industry qualifications (Ie: Series 7 license, Derivatives licences etc) from anothert country will at least HELP prove the case???

4) do you think it would be advisable to drop by a US embassy at home (Sydney, Aus) and sit down with someone to get some clarity (do they even do that???)

Apologies for the long winded post, but you seem to know what you’re talking about and I would really like an opinion on this, as I will be entering on a VWP and having a punt at getting a job over there…I want to minimise my risks as much as possible prior to departure…

Thanks alot!
e3visa • Oct 17, 2011 @8:39 pm

Hi Owen,
Thanks for the complements.
1. While that Degree to Experience ratio is a guideline as far as them assessing your experience is concerned, a US undergrad degree is 4 years so would take 12 years of experience to equate to a degree. The experience has to be in the realm of relevancy so work as a chef or a patent lawyer doesn’t really work for a financial investment role.
2&3. Yes they will all help although it is completely arbitrary as to how much to the person deciding your case
4. You can’t visit the US Consulate for that purpose. They have a pay per minute hotline but the advice is so general so not worth paying for
Good Luck,
Cj
e3visa • Oct 17, 2011 @8:42 pm

Hi Mindi,
Yes your biggest issue would be your position potentially not being considered specialized and not requiring a bachelors degree as a minimum criteria for employment. The prevailing wage is determined by the Department of Labor and there is a website which states what that wage has to be per a specific role for a specific region in the country.
Cj
OTB • Oct 28, 2011 @1:25 am

CJ,

Thanks for getting back to me mate – very helpful…

After reading and reading and reading – especially peoples specific INTERVIEW experiences, it certainly seems that it is feasible to get your E3 approved without the degree.

Another quick question…. I have all supporting docs of my higher education (Diploma, transcipts of it, and other industry qualifications) so that should certainly help and not be an issue for them (I think!)

BUT -> what about work experience… how do you go about substantiating that? Is providing my resume enough? Or do I need to go back to each of my past employers over the last nee on decade and get a letterhead letter to testify to my employment in each? – as that seems excessive and kinda difficult now…

From what I can gather, (and please correct me if I am wrong here) – It seems that if you are applying for a job as say a Personal Banker for example, which is a job that not anyone can just walk into off the street…. and you have a finance background of years and years and some relevant qualifications/education…. PLUS present well (nice suit, articulate, intellegent etc) it shouldn’t be too much of an ask to have your E3 approved, provided all administrative boxes are ticked?

Basically – I am thinking that if you can prove you have a body of knowledge (FINANCE), relevant work experience, relevant education (even if not a DEGREE)and prove you will be an asset to the country/employer then it should be all good?

If so, I feel confident in not only obtaining a role in the US but charming the consular officials with my less than IDEAL background in terms of the E3 requirements…

I just can’t see how one could be denied on a virtual technicality, especially if they are not even filling the entire quota of E3′s on offer…. ????

Looking forward to hearing from you! and thanks again….
e3visa • Oct 29, 2011 @12:49 pm

Hi OTB,
Just remember for each approval, there are many denials and once you have a visa denial it is on your permanent record. While it doesn’t preclude you getting a future visa, it will always be seen there by an assessing case officer and you may get asked about. The process is certainly not fair nor clear, and you have no right of appeal so people can and do get rejected on arbitrary technicalities all the time unfortunately. All that said pursue your dream and keep trying despite any obstacles and temporary setbacks you may face. In terms of proving employment and experience, there are no clear guidelines but examples of your work, references on company letterheads, official HR letters stating your period of work, your title and your duties as well as payslips can all help.
Cj
Jimmy • Nov 9, 2011 @3:40 am

Hi CJ,
As everyone has said, what a great site you have set up!

My situation is similar to many on here but none of the previous questions match exactly.

I spent two years studying an Advanced Diploma of Multimedia at a TAFE in Melbourne and have 8 years of experience in my field (I am a visual effects artist). The tricky part is I had a coupe of outstanding units in my TAFE course so I didn’t graduate. As I started working immediately it seemed unnecessary to go back and finish it.

I am now looking to apply for an e3 and am concerned that my lack of degree and only having 8 years of experience may stop me from being approved.

I don’t know if it will make any difference to the application but when I contacted the TAFE I attended recently they told me that the course was no longer offered but they would be willing to give me a different diploma based on the work I have done in the meantime. Would obtaining this diploma before applying for the visa help my chances?

In your opinion will the two years of (mostly but not totally completed) study count towards my eligibility? Will I be eligible with or without the extra Diploma?

Lastly, would it be worth having an equivelancy assessment done?

Thanks again for the site, it really is impressive.
Jimmy
e3visa • Nov 9, 2011 @4:50 am

UPDATE: Bachelors Degree Requirement & Proof Documents:

In the last few months we are getting so many questions about this and almost all of them are very similar with just slight variations. So just to be completely clear again we will spell out a few facts and major points of note:

- The Bachelors Degree requirement is specifically for the position you are applying for that as advertised or if not advertised for in the normal course of events would have a bachelors degree as a minimum required criteria
- If you do not have a bachelors degree as a minimum, then you have to prove that any post high school education experience you have (completed or not) combined with your relevant years of professional experience in the area of the specific role you are applying for at least at minimum equals the level of a US Bachelors degree
- While not a stated policy anywhere, given the length of a standard US Bachelors Degree is 4 years, 3 years of relevant professional experience would equal one year of a degree. So that would mean as a rule of thumb, 12 years of relevant professional experience would equal a US bachelors degree (relevance is important as if you are applying for a investment finance job, experience working on a hotel front desk is not going to matter)
- Even though many Australian undergraduate University degrees are 3 years, the US would consider that equivalent to as US Bachelors degree
- Getting your experience and/or partial education accredited by a US company or institution as to its equivalency to a US Bachelors Degree will certainly help (possibly a fair bit) but is by no means a guarantee as to whether you will be approved
- Each case is at the total and ultimate discretion of the US consulate around the world to which you are applying and more particularly to the specific case officer in your case. That Consulate and case officer is under no obligation to provide you full reasoning behind their decision making and you have no right of appeal. You can only try again fully to apply for a new e3 visa application with new information if you have it
- Given that and the lack of clear stated black and white guidelines, you may be denied on technicalities and depending on where you apply you might be denied with a similar case and background to somebody else. This is obviously not fair but is the current system
- If you get denied, that does not preclude from applying again for a future US visa nor does it necessarily count against you. However it is always on your permanent record and you may get asked about it a future US Consulate interview. Given a US Consulate is “never wrong”, you would be well advised to not answer disparaging a previous consular official or consulate in a subsequent consulate interview if asked about a previous denial
- The more specialized your occupation you are applying for, the potential for them to be more relaxed about your level of experience/education. Again this is all completely arbitrary but if you are applying for a highly specialized bio-tech or nuclear role then your chances of being approved on relevant experience alone is probably higher than a generic business role
- In terms of supporting documents apart from getting a degree equivalency done, you could bring references on official letterheads, official HR documents explaining tenure, time at the company, job title and duties of the role you had, tax returns/financials/official company docs if it was your own company, awards and other certificates, diplomas and anything highlighting the level of your experience and education that could be provable if the US consular official so desired by calling somebody or looking up databases online. (it is certainly not advisable to fudge things hear b/c once you lose credibility with the Consulate, it would be hard to regain it). There is no official list of documents, but the more proof the better
- If you are applying for an occupation that you are not sure whether it is a specialty, bring copies of your Bachelors Degrees as well as information about the company, the position and duties as well as copies of where the job was advertised showing the bachelors degree minimum criteria all helps
- With professions where you need US licensing to actually do the job it is a little grey as to whether you can undertake this after you arrive and once you have started work but where possible getting this in advance is helpful and/or having your employer clearly state a plan of action around this when you arrive (NB: most licensing is state based in the US so you would need it from the State where you are working)
- Ultimately with all of this it is very arbitrary and may seem unfair. However that is the US Immigration system and you just have to as best you can navigate through the misinformation and lack of clear public guidelines

Good Luck,
Cj
Gina • Nov 21, 2011 @1:41 pm

Hi Guys,

I am currently on an E3 Visa but have been offered a role as Admin Assistant with a huge financial firm. They are unwilling to change the job title. Do you think I could pass this off as specialty occupation considering the job required a 4 year degree and it’s a huge International firm? Or am I looking for a decline in my LCA?
m00sh • Nov 22, 2011 @4:58 am

Hi Cj,

I have 2 attorney’s with 2 different views. Figured this site might help me out to decide who is telling the truth here.

I’m an Emergency RN in Australia. With 3 years experience. I have a bachelor of Nursing Degree, from an Australian University. I am currently studying for NCLEX…i have been approved to sit it. Which means they must recognize my degree as equivalent…

If i were to apply as an ER RN with 3 years Emergency experience, in California, on an E-3, will my job be recognized as a speciality or not? One attorney says no, another says yes..

What do you say about this?
Jesse • Nov 28, 2011 @4:50 pm

Hi,

A US company may be interested in hiring me, but their lawyers don’t think that I would necessarily qualify for the E-3 Visa, and are therefore not offering me the job. They told me that if I could prove that the position would qualify as a speciality occupation, they could try to work with me. I have a Bachelors degree in International Relations, and the job is at a consulting firm, doing online campaigning and fundraising. The title is Online Production Specialist. I have one year experience in this, and the position description asked for 1-3 years. Is there any way that I could demonstrate to them that this position qualifies for the E-3? The description doesn’t specifically mention a degree, but during the interview process I was told that they would only consider people with degrees.
Jai • Dec 1, 2011 @12:12 pm

URGENT QUERY – ANY FEEDBACK WILL BE GREATLY APPRECIATED.

Hi, I am currently on an L1 visa working for one of the largest IT company in the US. My employer has sponsored me Green Card in EB3. My GC priority date is July 2008. In addition, I also have H1-B approved from the same employer, which I haven’t used till date. My L1 expires in 5 months from now.

My question is – I have an offer from a new employer. I would like to go on E3 for a year, because my wife would lose work authorization if I go on H1-B. Would I be able to avail existing Green Card priority date if I go from E3 to H1-B after a few months and file a new Green Card in EB2 category?
Kat • Dec 6, 2011 @1:47 pm

Hi,

I have an Cert IV, Diploma and Advanced Diploma of Marketing from TAFE along with 4 years of professional corporate experience. I am currently on the J1 visa which expires end of March. I have secured a full time position in LA, and they would like to offer me a supervisor promotion but do not sponsor.

Am I eligible for the E3 visa?

Your help is greatly appreciated!

Kat
Amy • Dec 28, 2011 @8:54 pm

URGENT:

Hi, I am currently in the US on an E3-Dependent Visa (expires end Feb) and my current employer of 3+ years wants to sponsor me directly on a new E3 visa.

My questions:

1. I don’t have a bachelors degree, but I have 10+ years working in my field (graphic design/marketing). Do you think I will have any issues obtaining a visa on this basis?

2. Do I need to be an ‘employee’ (with benefits, salary, etc.) or can I invoice for my hours each month like an independent contractor?

3. Does my company have any legal obligations to uphold once I am approved? This is something I can not find on any website.

Thanks a million!
Amy • Jan 8, 2012 @10:57 pm

Hi CJ,
Your site is so helpful and has helped me answer all sorts of questions I had.. thanks very much!!

I wanted to get your opinion on what you think my chances are of being approved: I am currently on an E-3 Dependent visa and my partners employment will be ending shortly and the company I am working for would like to sponsor me on a new E3 visa.

I don’t have a bachelors degree, but I have 11 years of experience in my field and about a quarter of a tafe degree (I couldn’t finished as we relocated to the US just after I began).

Additionally, I head that in the last year or so, the immigration service (particularly in California) has been aggressively discriminating against non STEM (science, technology, engineering, math) positions, with small company petitioners suffering the most. Specifically, the USCIS has been routinely challenging marketing, management, sales, training and design focused positions as not requiring a bachelor’s degree, and therefore not eligible for ‘H-1B’ classification…

Do you think either of these issues will affect my application??

Many thanks and keep up the great work!!
Amy
Milly • Jan 31, 2012 @11:21 pm

Hi CJ,

I have been researching this visa for almost a year now, hoping to be eligible to apply when I graduate from my Master’s degree in June this year. Unfortunately there is no discussion anywhere relating to those who have a Masters degree but do not hold a completed bachelors degree. My undergraduate studies are incomplete and I was accepted to do my Master’s due to over 5 years industry related work experience. Do you know if eligibility is based clearly on Bachelors or HIGHER, or definitely requires a 4 year bachelors degree as a minimum?

Thanks so much =)

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