E-3 Visa Experience…

So after finding Andrew Pollock’s blog entry and Yasser Hamed’s info incredibly useful, I thought I may as well post some updates on a slightly more recent E-3 visa application experience.

For those of you who don’t know, the E-3 visa is a US visa that is only open to Australian residents. It’s essentially the same as the H-1B visa, apart from the fact that your spouse can also work in the US, it’s indefinitely renewable, and so far at least, you can’t apply for the green card while in the US on an E-3.

There’s a nice summary available on the Sydney US Consulate site. Things may be different with other companies, but Google seem to be rather familiar with the whole process and pretty much organised everything I needed. The two things that seem mandatory for the company sponsoring you to provide are a statement in support of your application and a Labor Condition Application approved by the US Dept of Labor, which is normally used for the H-1B applications. It looks like the bureaucracy has caught up with the existence of the E-3 now and it’s actually an option on the form, so you no longer need the company to scrawl E-3 across the top of it.

As far as your tasks go, you need to fill out the DS-156 visa form online for each person applying, and it will then generate a pdf for you. I missed a couple of non-mandatory questions, and filled them in in pen later which didn’t turn out to be a problem. Males between 16 and 45 years old will also need to fill in the DS-157 visa form. As Andrew noted, the photos you are required to attach aren’t the standard passport photo size we have in Australia, they’re 2 inches by 2 inches. I had no trouble finding a photo place that understood the requirements of a “US Visa photo” rather than a passport photo. Oh, and you need to pay the Machine Readable Visa fee at any Australia Post outlet. It was A$130 for each applicant, and must be paid in cash, we couldn’t even EFTPOS it, which was kind of annoying.

Once you have all this together, you can then book an interview at a US Consulate. You kind of have to jump through a few hoops and pay to get a PIN that lets you book up to three interviews online. There are some rather strict restrictions on cancelling this interview, so I wouldn’t advise booking unless you’re absolutely sure you can make it. My wife and I had to both turn up, but the kids didn’t have to. From memory I think that children under 12 aren’t required to be there.

The actual interview was a breeze really. I was expecting it to be much more onerous, as you’re supposed to show that you can support yourself in the US, and that you have sufficient ties to Australia that you’ll eventually come back here. Perhaps this was due to being a family with two kids (yay for the nooclear family…), but they didn’t quiz me about any of that, just asked what I’d be doing for Google. I decided not to mention that I’d be working on the Google Death-Ray, which was probably a good move. It probably helped that I’ve ended up pulling out of my Honours year in Philosophy, and so I’ve been issued with my B.A degree. From all accounts you’ll have to argue your case a bit more if you don’t have a degree but have significant industry experience.

The security at the Consulate is rather hard-core. You run through a few checks, and you can’t bring any electronic devices or backpacks upstairs with you. If you need photocopies of anything, you’ll have to do them beforehand, as there are no facilities at the Consulate, and they won’t do it for you. You’ll be leaving all your passports with them, and you can no longer make an appointment to come and pick them up after processing, you absolutely have to bring along a self-addressed envelope for them to be posted back to you.

All in all it was reasonably simple apart from filling out the forms and waiting around at the Consulate.

14 Responses to E-3 Visa Experience…

  1. Rov says:

    Hi

    Thanks for the latest E3 experience. I have my interview in 4 days in Melbourne. You have mentioned in your blog that you couldn’t EFTPOS the visa fee. I am worried now becuase I have paid my fee by EFTPOS. On the US embassy’s official website http://canberra.usembassy.gov/consular/visa-e3.html it doesn’t mention that application fees has to be paid only in cash. The post officer didn’t accept credit card and said that I could pay by EFTPOS. Now I am really worried.

  2. nigel kersten says:

    Perhaps it is different with the Canberra embassy, or maybe they’ve taken the feedback that people gave… I didn’t understand why we were told you couldn’t use EFTPOS, as it’s essentially the same thing as cash…

    If the post office accepted your payment, all you have to do is show the receipts to the embassy. If you have those, I’m sure everything will be fine.

  3. Andrea says:

    Do you know anything about the renewal process of the E3? I have been here (in the US) for about 21 months – my E3 visa expires in June and i am looking to change employers. Do you usually have to leave the country to get a new visa?

    My understanding is that you can transfer the visa sponsorship to a new employer and stay beyond the period shown in the visa (in your passport) because, apparently, the visa is renewed automatically every time you re-enter the country (i.e. – you get another 2 years from your last entry) – however, if you want to get a new visa stuck inside your passport, then you have to get this done at a consulate outside the country?

    Does anyone know any more about this?

  4. JoJoe says:

    I am in the USA on an E-3D (dependent) and I have been working with an EAD. When your spouse applies for an EAD they will actually issue it for the life of your visa, which is great, because their website tells you that you will have to re-apply every year.
    I am really interested in Andrea’s comment about the visa being renewed each time you re-enter the country. I find this difficult to believe, because of the US paranoia.There would also be a problem for EAD’s, as they need paperwork from INS to re-issue new EAD’s and also you would need updated paperwork for your driver’s licence, which they also only issue for the lifetime of the visa. Great blog. First time i have ever written on one.

  5. Roy says:

    Hi,
    It is great to see a fellow Australia here in USA; I have recently Arrived USA on E3 Visa
    I would like to build my contact with our country people for future network.

    Could you please email me so that, I can ask few specific questions which may not of interest to others who visit your blog.

    Regards
    Roy

  6. Rodney says:

    I’ve been in the USA on an E3 visa for the last 18 months. First up, there’s no way that the E3 resets itself every time you renter the country! Haha, I wish..

    To change employers from within the USA you need to fill out the I-129 form, pay the $ and sit and wait for it to be processed – up to 3 months. Seeing the problem yet? If you change employers, it needs to be done within 10 days. Not friendly. No one in immmigration knows about the E3. Best advice is to get out of the country and reapply for the new visa.

    Have fun! They’re great when ya got ‘em.

  7. ok, this is ridiculous.

    I’ve marked as spam a whole bunch of comments trying to promote a scam E3 visa site that asks you to pay for documentation you can get for free elsewhere.

    They’re not going to get approved and the keyword will now automatically reject your entries.

  8. roy says:

    I would like to know is it advisable to wait for 8 weeks for new E3 visa appointment or apply for transfer of visa which takes up to 3 months as per “Rodney ” above.

    I need to get out of my current asshole employer who is not paying me.

  9. Ben says:

    I’ve recently had my E3 visa extended and now i’m heading home for a couple of weeks. Dose anybody know if i need to schedule an appointment with the US consulate again? in order to have my visa re-issued.

  10. Ben, IANAL, but I’m pretty sure you do have to.

    Your visa has been extended but not renewed (which sounds like my current position).

    As I understand it, you’re going to need to have a new E-3 (not just your current extended one) to re-enter the US. As you can only do this outside the US, I reckon you’re best off sorting it all out while you’re in Australia.

    You should sort this out ahead of time, as I have a feeling that you need to prepare a new packet to renew the E-3 if you’re on an extended one. That’s the impression I’ve gotten from my company visa lawyers (bless their hearts!)

  11. CJ says:

    Some people have told me in recent times their process of the I-129 with the USCIS for the E3 visa has taken less than a month which is a great thing if it continues. Probably is helped by the fact that there is less H1B visas to process this year.
    CJ

  12. RIF says:

    My application for an E-3 Visa took three days, once I had the 9035E form completed by my employer in the USA. The 9035E took twenty days to process by the authourities, with particular attention paid to the amount I was being paid, per hour – so get this correct.

    Word of advice – Do Not attempt to complete the online ESTA form – it is not required by holders of E-3 or E-3D visa. I was held up for 30 minutes – no problems, but I was told that I should not have attempted to complete the online visa waiver application. Everyone you speak to (airlines, acquaintances, family) all know of the ESTA, but DO NO APPLY if you or you spouse have a E-3/E-3D visa.

    For the application process, I used digital photographs taken at home against a white wall – these were accepted. Also, having my original Master’s Degree negated all questions about the work I was doing.

    The other traps for new employees in the USA include:
    -you have to be in the country for 10 working days, before you can apply for an Social Security Number (SSN). Having an SSN makes it easier to obtain a bank account and credit card.
    -having applied for an SSN, you wait another two weeks for the card to arrive. If it doesn’t arrive at your nominated address after two weeks, go to the Social Security office and get a certifed print out, then
    - open a US bank account
    The bank I joined does not give out visa cards with credit like in Oz. You can only use the Visa card as a debit facility against your own money – no credit for 12 months. Fortunately, AMEX was more ameniable – just give them your Australian account number, they reveiwed you history, and issued the card in three days. You must a US account to get paid into, as over a 12 month period, the exchanges rate and commisions to/from Australia will amount ot many 1000′s of dollars.

  13. Chris says:

    I am wondering if anyone knows or has experience: can i get an E3 visa if i am being paid per client (i.e. not a salary or $ per hour).
    I am an exercise physiologist and am currently meeting with an employer about a job but am concerned being paid per client i see (& hence a variable salary) might not meet the visa requirements.
    Thanks, Chris.

  14. Michelle Kelly says:

    Hi – is it possible to enrol in study in the US while here on an E3 visa?

    I want to enrol in a course that is part time, full fee paying and specific to the profession my E3 is based on.

    Any advice is much appreciated!

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