- E3 Visa General Information
- E3 Visa US Consulate Interview
- E3 Visa Bachelors Degree and Specialty Occupation conditions explained
- Extending, Renewing or Changing Employers on the E3 Visa

Now here are the major points of note that apply to ALL cases. Just because your case varies slightly from this does NOT mean the US Consulate assessing your case are going to give you any special treatment as they assess hundreds of cases daily and are often making snap decisions so is best to be well prepared.

- 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)

In recent times we have been hearing anecdotal experiences from some people, that Canadian based US Consulates are not even processing first time new E3 visa cases brought before them but only renewals of subsequent E3 visas whether the same or a different company. This is NOT a stated policy anywhere and the US Consulates in Canada all allow you to book online a new E3 visa appointment. However given the wait times for interviews for the US Consulates in Canada and the expense of traveling and staying somewhere, it is important to share this type of information that some people seem to be having at face value.

There may be underlying reasons whether pertinent to their specific case and/or due to the case load at a particular Consulate as to why this may be happening but given we don’t know, it is important to be wary. Whether some US Consulate locations are more favorable and easier then others is really unknown and can really only be gleaned from people’s experiences.

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. We encourage you all to share you own experiences here and be as detailed as possible as to your background, your position and which US Consulate you applied so you can all learn from each other as that is definitely the best way to determine success.

Good Luck,
Cj

©2012 E3 Visa. All Rights Reserved.

You can see even within the questions below they contradict themselves as to where you can apply for an E3 Visa and do your US Consulate Interview. So no wonder people get confused but just follow as best as you can the advice here and the experiences and guidelines we share and most often you should be OK!

Do I have to find a job in the United States first before applying for an E-3 visa?

• Yes. You need to have a job offer from a sponsoring employer in the United States before you can apply for the E-3 visa.

©2012 E3 Visa. All Rights Reserved.

In the past we have looked at the Top 100 companies that sponsored US work visas and E3 Visa specific employer sponsors among other tips around creating US resumes, US interview tips and our Top 10 steps to working in the US. So there is many a good grounding of resources across the site along with the many reader experiences as to how they traveled to the US and found a job.

Given the nature of this information we think it gives a foreigners a good idea of the pulse of the US hiring market and where the majority of opportunities currently lie from a corporate and sector perspective as well as the cities and regions of the country that you may have most success.

The data below while not specific in the source of the numbers from Rediff, is certainly great from a directional perspective and shows everybody a great perspective on the US economy and job market at large. Firstly we look at the Top 10 companies in terms of spending on the H1B visa

Top 10 H1B Visa Companies

This list of company is not that different from some of the past years and other top employer lists we released. You can see it is dominated by high tech and bio tech companies obviously seeking the highly skilled foreign engineers, computer scientists and graduate/phd level foreigners. A good proportion of which would have graduated as students on the F1 visa from US colleges and universities and may have worked during their F1 OPT period at these companies prior to their full employment and H1B visa sponsorship. US students are a minority as colleges and universities for studies in the sciences, engineering, math and technology particularly at the graduate level. Hence the push from a lot of these companies to push for even greater quota for the H1B visa to help fill large vacancies.

Top 10 H1B Visa Cities

The Top 10 H1B visa cities presents information that in many ways matches the list above. 7 of the 10 cities in this list come from the Bay Area and Silicon Valley in Northern California home to the tech industry of the world and some of the most innovative companies of recent history such as;

- Apple (Cupertino)
- Facebook (Palo Alto)
- Twitter (San Francisco)
- Yahoo (Sunnyvale)
- Google (Mountain View)

Then when you consider that Redmond in Washington is home to Microsoft and that Oracle is also located in this Northern California area and that New York and Chicago are two of the world’s largest cities for not just technology but finance, health and many other industries you can start to see a common trend.

One thing to note is that where there is opportunity there is also competition. So if you look at other major centers like Houston TX, Charlotte NC, Austin TX, Boston MA among other areas of the country that there are also many other great regions in the country to live and work

©2012 E3 Visa. All Rights Reserved.

The United States government expects to see a well-drafted business plan as support for applications in both the E Treaty Visa category and the EB5 Immigrant Entrepreneur category. Additionally, USCIS often kicks back a request for a feasibility study in L1 “New Office” petitions, which is something that is normally included in a well-drafted business plan. Hence, it stands to reason that inclusion of a well-drafted business plan is essential as supporting documentation in an L1 “New Office” Petition.

As evidence of the critical importance of a well-drafted plan is the fact that the United States government frequently denies L1 visa, E2 visa and EB5 visa petitions and applications due to their lack of a plan that is both comprehensive and credible.

Business plans that are not comprehensive and are more in the nature of a summary or overview of the business are generally not acceptable for L1 visa, E2 visa, and EB5 visa purposes. Instead, in any one given case the United States government expects to receive and review a quality product that, at minimum:

a.) Fully describes the enterprise, its products and services;

b.) Analyzes the market in detail, including potential customers and competition;

c.) Outlines a marketing strategy;

d.) Projects sales, costs, and income over a period of 5 years, showing the basis for these projections; and

e.) Presents complete details regarding the enterprises organizational structure, including complete job descriptions and a staffing timetable.

In short, the United States government expects to see a business plan that is as comprehensive as one that would be presented to a bank for purposes of seeking funding. Therefore, it is strongly recommended that one seek the services of a professional who is familiar with the relevant immigration regulations to draft ones plan if one hopes to stand a strong chance at success in an L1 visa, E2 visa or EB5 visa petition or application.

When selecting the right firm to draft a visa-specific business plan, a company or investor should seek out a firm that possesses both experience in the writing of bespoke business plans as well as the appropriate legal expertise to tailor the plan to the specific requirements of the L1 visa, E2 visa or EB5 visa categories.

To ensure that all the required elements of a well-drafted business plan will be covered to the satisfaction of the United States government, the company or investor should satisfy themselves that all of the following services will be covered by the fee that they will be paying for the business plan writing service:

a.) Setup of business plan according to target visa category;

b.) Gathering of information and documentation regarding company ownership, objectives and mission;

c.) Working with business owner to determine concise statement regarding company’s success formula;

d.) Work out with owner the visa-appropriate management and staffing plan (i.e., executive/management mix for L1 visa; marginality avoidance for E2 visa; creation of 10 full-time positions over a 2-year period for EB5 visa;

e.) Draft an easy to read service summary;

f.) Collaborate with client to create feasibility study, which covers target market, customer/client potentiality in geographical area (with growth projections), and competition analysis;

g.) Gather financial information to draft financial plan and Tables, including Start-up Summary (as applicable), Sales Forecast, Operating Expenses, and 5-year Projections.

Once the business plan has been developed into its penultimate draft, it should undergo a final review by the responsible immigration attorney to secure an opinion as to the viability of the plan, from a financial perspective. (Obviously, if the responsible immigration attorney is drafting the business plan, his or her opinion will be rendered simultaneously with the creation of the penultimate draft.) Once the responsible immigration attorney has rendered his opinion that the plan is fiscally viable, the plan can be finalized and signed off for inclusion in the visa application package.

©2012 E3 Visa. All Rights Reserved.

As October 1st is the start of the new year otherwise known as FY2012. That means if you have already been approved for an H1B visa since April 1, 2011, your new visa has already taken effect and you can legally begin working for your sponsor employer now. It also means that if you are sponsored now, given how long the application process takes even with premium processing, you will be able to start working immediately which is a great selling point for foreigners to a prospective employer and sponsor as opposed to earlier in the year.

So as of October 21, 2011, which is the most recent H1B quota update the USCIS has announced. There are currently 46,200 petitions to count towards the general 65,000 H1B visa cap which only includes petitions that are approved or pending.
Anything that has already been denied is not included.

Additionally at October 21, 20,00 petitions have now been received for the US Advanced Degree exemption quota portion of the H1B visa cap which means the USCIS are saying that they consider all future application will go towards the main cap.

This equates to about a 2,900 increase in the main cap since the last USCIS update on October 14 which is probably been the fastest period of growth since the beginning and a 400 increase in the Advanced Degree Exemption category which is now fully exhausted for this H1B visa season cycle.

In the last 6 weeks, the main cap has gone up by almost 14,000 and the Advanced exemption quota is almost complete so if you are a foreigner looking work in the US and be sponsored by a employer, don’t delay because for whatever reason there is certainly an acceleration happening in recent times. (i.e. if this was the normal rate from the beginning, the full 85,000 H1B cap would have been exhausted in just over 6 weeks sometime in mid to late May following the April 1 opening)

Remember if you have a US graduate degree and eligible for the Advance Degree additional cap, that now that cap is exhausted your application just falls under the main H1B quota.

(It should be noted that the related H-1B1 visa for Chilean and Singaporean citizens are not included in this cap)

So it would seem that there is plenty of visas still available and judging by the moderate amount of applications received thus far, traditional H1B visa sponsor companies are still nowhere the levels of hiring they were in 2006-8,

Good Luck to All Who Are Searching!

Cj

©2012 E3 Visa. All Rights Reserved.

September is the last month of the US Immigration year and October 1st is the start of the new year otherwise known as FY2012. That means if you have already been approved for an H1B visa since April 1, 2011, your new visa takes effect next month. It also means that you if you are sponsored now, given how long the application process takes even with premium processing, you will be able to start working immediately which is a great selling point for foreigners to a prospective employer and sponsor as opposed to earlier in the year.

So as of September 9, 2011, which is the most recent H1B quota update the USCIS has announced. There are currently 32,200 petitions to count towards the general 65,000 H1B visa cap which only includes petitions that are approved or pending.
Anything that has already been denied is not included.

Additionally at September 9, 16,700 petitions have been received for the US Advanced Degree exemption quota portion of 20,000. It should be noted that if the advanced degree quota fills up, then those petitions go into the pool for the regular 65,000 cap.

This equates to about a 7.000 increase in the main cap since the last USCIS update on August 12 and a 2,000 increase in the Advanced Degree Exemption category. Given over half of the main cap still is remaining the opportunities still exist as they have for the past 2 years for foreigners right through the rest of 2011 to find employers and most likely it will continue into 2012

(It should be noted that the related H-1B1 visa for Chilean and Singaporean citizens are not included in this cap)

So it would seem that there is plenty of visas still available and judging by the moderate amount of applications received thus far, traditional H1B visa sponsor companies are still nowhere the levels of hiring they were in 2006-8,

Good Luck to All Who Are Searching!

Cj

©2012 E3 Visa. All Rights Reserved.

So as of August 12, 2011, which is the most recent H1B quota update the USCIS has announced. There are currently 25,300 petitions to count towards the general 65,000 H1B visa cap which only includes petitions that are approved or pending.
Anything that has already been denied is not included.

Additionally at August 12, 14,700 petitions have been received for the US Advanced Degree exemption quota portion of 20,000. It should be noted that if the advanced degree quota fills up, then those petitions go into the pool for the regular 65,000 cap.

(It should be noted that the related H-1B1 visa for Chilean and Singaporean citizens are not included in this cap)

So it would seem that there is plenty of visas still available and judging by the moderate amount of applications received thus far, traditional H1B visa sponsor companies are still nowhere the levels of hiring they were in 2006-8,

Good Luck to All Who Are Searching!

Cj

©2012 E3 Visa. All Rights Reserved.

It was always our hope that this site would turn into an dynamic community where everyone could help each other in their US Immigration journey and that those who have progressed further can help those that are newer to the process. We thought that we would today answer some of the most common questions we have been asked in 2011 here in the hope that it will spur further discussion and aid to those who are looking to live and work in the US.

1. What are the Supporting Documents To Take To the US Consulate Interview?

In most cases if your company has been running for a while or sponsored foreign workers before and/or your job is without question a professional position that requires a bachelors degree, then the minimum required documents will be fine. Although it is always good to have other docs in reserve if you have it. These documents include the approved LCA (labor condition authorization from the Department of Labor), Letter of Offer from the Employer and DS-160 form copy and back up photos. You need an LCA for each company/job you would like E3 authorization for. At times it can also be good to have copies of your University Degrees and if you anticipate issues a transcribed copy of your academic and work qualifications to mark it as an equivalent to a US degree.

2. Can I Work Part Time on the E3 Visa, Do I Need Multiple E3 Visas & What Do I Need To Be Paid?

You can work part-time on the E3 Visa as long as it still meets the other criteria like Specialty Occupation. Each of the employers need to be listed on your E3 Visa stamp in your Passport with an approved LCA for each position. The minimum pay required has to meet the criteria for the position you are applying for in the city in which you are working. This is roughly equivalent to the average salary for a US worker in that role in that area and is checked on the US Government database and Salary Area.

3. Can I Start A Business (or transfer my business) on the E3 Visa?

In short you have to be sponsored by a US employer so you cannot start a sole trader business or transfer your Australia business to the US. There is potential if you US partners and an incorporated US entity that sponsors you as an employee that you could be eligible for the E3 visa but the company will most likely be checked in both LCA phase and US Consulate interview phase to determine its legitimacy and of course the role still has to meet the Bachelors Degree and Specialty Occupation conditions.

4. If I Don’t have a University Degree, Do I Have A Chance To Get The E3 Visa?

This is an interesting question and one which we try to answer below in the Bachelors Degree post. In short it becomes a lot more difficult. Given a US undergraduate Degree is 4 years and the rough equivalent is that 3 years of work experience is deemed to equal one year of study, a rough rule of thumb is you need 12 years of work experience specifically in your eligible profession. This has potential to be somewhat mitigated if you have some other higher education qualifications but ultimately this is at the complete discretion of the US Consulate officer in the location where you apply. Also again the job you are applying too has to have a bachelors degree as a minimum criteria for hiring which precludes many occupations like trades, hospitality, hair/beauty stylists, manual labor, etc. So in summary yes it is possible but is a lot more difficult and is really a route for those who have a significant number of years of work experience and who are applying for the same type of specialty job in the US.

Our E3 Visa Resources:

- E3 Visa General Information
- E3 Visa US Consulate Interview
- Transfer to an E3 Visa from another US Visa
- E3D Visa – spouse and dependent visa for the E3 Visa
- Step by Step Guide to your E3 Visa
- Social Security & Healthcare while on the E3 Visa
- Getting a job on the E3 Visa
- Explaining the E3 Visa to an employer
- Going to a Green Card from the E3 Visa
- How much does the E3 Visa application cost?
- Extending, Renewing or Changing Employers on the E3 Visa
- E3 Visa Renewal without US Consulate Interview
- How Does the E3 Visa Differ from the H1B visa
- E3 Visa Job Information
- E3 Visa Employer Database (exclusive)
- E3 Visa Bachelors Degree and Specialty Occupation conditions explained
- E3 Visa Demonstrate Residence Abroad condition explained
- E3 Visa concepts explained in easy to understand language
- Do I need a lawyer for the E3 Visa process?
- Laid off on the E3 Visa

Good Luck.
CJ

©2012 E3 Visa. All Rights Reserved.

So currently 5,900 H1B visa petitions have been received thus far for the main cap and 4,500 have been taken in for foreign workers who hold a US Master’s degree bringing a total of 10,400. One the Master’s cap is filled, new petitions received go towards the main cap. None of these applications have been processed and accepted yet so when future total updates are released by the USCIS, numbers may be revised.

This means that if you have a prospect employer for the H1B visa you should still ensure you file your H1B petition in a timely manner and organize all your Application supporting documents. As while this is still not a landrush the whole Visa landscape has been largely unpredictable in recent years so there is no danger in ensuring your petition is in the front of the queue. Also note that the Premium Processing fee has gone up to $1,255 from $1,000 in recent years.

It should be noted that H1B visa petitions filed on behalf of current H-1B workers who have been counted previously against the cap will not be counted towards the congressionally mandated FY 2012 H-1B cap. Therefore, USCIS will continue to process petitions filed for the following reasons without regard for the above H1B visa quotas:

• Extend the amount of time a current H-1B worker may remain in the United States.
• Change the terms of employment for current H-1B workers.
• Allow current H-1B workers to change employers.
• Allow current H-1B workers to work concurrently in a second H-1B position.

Good luck to all application in their search for US employment and we hope we find all the articles and training items here of some use to you in your journey.

CJ

©2012 E3 Visa. All Rights Reserved.

On April 1, 2011 it will be the first day the USCIS will accept new H1B visa petitions for the FY2012 H1B Visa season and regardless of the fact that we have been inaccurate for the last 2 years as to how quickly the H1B visa quota has been filled, an early and proper application is always the best recipe for success. (official USCIS H1B site)

As with last year we are also documenting the H1B visa costs so you can have all the information in one post. Now while it is unlikely the H1B visa lottery for both the Advanced Degree Exemption quota of 20,000 and the main H1B visa quota of 65,000 will be necessary, it has been seen that there has been a rush to towards the end of the FY2011 H1B season and with the unemployment rate down to 9%, there is a possibility that this season will be more like 2007 & 2008.

Ensure you also read H1B visa Season Tips and have all your H1B supporting documents ready to file immediately to file via your employer or attorney on April 1, 2011 for the FY2012 season.

It also worth noting that given we are no longer in an election year and with President Obama intending to make further moves on Immigration that there is already legislation submitted to the US congress to limit the scope of the H1B visa and even the quota further so again the sooner the better!

H1B Visa Costs

To Apply for the Visa; (all USD)
1. USCIS Filing Fee with USCIS $325 – Form I-129 (Spouse optional H4 Fee is $300)
2. Fraud Detection Fee with USCIS $500
–
3. LCA Filing Fee with Department of Labor FREE – Form ETA 9035/9035e (a small win here…although am sure will change one day)
Also have to ensure prevailing wages are met as well in this part so you are paid the same or more as a US worker in same position)
–
4. Premium Filing Fee $1,225 (optional – Form I-901) – excessive designed to help process where your legal representative has access to case officer phone number and decisions are made fast in 15 days and can also aid spouse partner H4 visa process
–
5. ACWIA Fee $750 or $1,500 – if your petition is successful this goes to a training fund for US workers and is $1,500 unless you have less than 25 full time employees. Some government, education and non-profit institutions are exempt from this fee
–
6. Public Law 111-230 $2,000 – (dependent) to be submitted by a petitioner which employs 50 or more employees in the United States where more than 50 percent of its employees in the United States are in H-1B or L-1 nonimmigrant status.
_
7. Consular Application Fee $131 (x2 for spouse)
8. Visa Issuance Fee $100 (x2 for spouse) (but varies by country so check the Visa Reciprocity Section of the USCIS

(NB: If able to transfer to H1B visa status within US without needing to leave the country if you current non-immigrant visa status expires after October 1, then you can file form I-539 with the USCIS along with I-129. If filing these forms together there is no additional fee)

Total If Visa Issued Outside US: $1,706 to $3,456 (plus $1,225 Premium Filing Fee if Opted)

Total If Visa Status Change within US (if eligible): $1,476 to $3,226 (plus $1,225 Premium Filing Fee if Opted)

NB: If you change your status to H1B within the US and then later travel outside the US for whatever reason, then to re-enter the US you will need to get an H1B visa stamp in your passport anyway so have to attend as US Consulate or Embassy interview in a foreign country.

It is important to realize that none of the above costs include any legal costs at all so if you are deciding whether you need a layer for your H1B visa process if you are paying for one yourself, that you realize what the actual H1B visa application costs are as listed above and thus what your lawyer is charging you for their time. You should note it is NOT mandatory at all to have an attorney

Technically all the H1B visa costs including legal costs are meant to be paid by your employer and most good employers will do all this for you but a few try to pass this cost in various devious ways back to the employee.

If you are paying for a lawyer itself it can be good to get a fixed legal quote for the entire H1B visa process and to shop around but also know that you often get what you pay for and additional work will no doubt cost extra.

Finally is you are trying to decide whether any of the many H1B visa help sites like H1Base or H1visajobs are worth the fees they charge to help in your search then definitely read our reviews and others before making up your mind.

Good Luck,

CJ

©2012 E3 Visa. All Rights Reserved.