AUSTRALIA

May the spouses of E-3 visa holders work in the U.S.?

RSA — Sun, 18 Feb 2007 06:30:01 -0500

E-3 spouses are entitled to work in the United States and may apply for an Employment Authorization Document through U.S. Citizenship and Immigration Service (USCIS). The spouse of a qualified E nonimmigrant may, upon admission to the United States, apply with the Department of Homeland Security for an employment authorization document, which an employer could use to verify the spouse's employment eligibility. Note that such spousal employment may be in a position other than a specialty occupation.

What are the requirements for an E-3 visa?

RSA — Thu, 08 Feb 2007 06:30:04 -0500

The requirements for an E-3 visa are as follows:

1. The applicant must have a legitimate offer of employment in the United States.

2. The position the applicant is coming to fill must qualify as specialty occupation employment.

3. The applicant must be an Australian citizen.

4. The applicant must have the necessary academic or other qualifying credentials.

5. The applicant must intend to stay only temporarily in the U.S.

6. If required in the specialty occupation, the applicant must have any necessary license or other official permission to practice in the specialty occupation.

7. The employer must have obtained an approved Labor Condition Application.

Can an E-3 visa holder's Spouse and Children accompany him or her to the U.S.?

RSA — Thu, 01 Feb 2007 06:30:05 -0500

Yes. An E-3 visa holder's Spouse and Children can accompany him or her to the U.S.
The spouse and children need not be Australian citizens.

How long is an E-3 visa valid?

RSA — Mon, 22 Jan 2007 06:30:03 -0500

The maximum validity period for an E-3 visa is 24-month. In addition, the validity of an E-3 visa can not exceed the validity period of the LCA.

Is there a special fee for E-3 visas?

RSA — Mon, 15 Jan 2007 06:30:02 -0500

No. There is no special fee for an E-3 visa. Instead, E-3 visa applicants are subject to the normal visa application fee.

What is a specialty occupation for E-3 visa purposes?

RSA — Tue, 26 Dec 2006 06:30:02 -0500

A "specialty occupation" for E-3 visa purposes is generally an occupation which requires a bachelor's or higher degree in a specific specialty, such as a teacher, physician, computer programmer, engineer, accountant, etc. The more technical definition of a "specialty occupation" is an occupation which requires:

A theoretical and practical application of a body of specialized knowledge, and
The attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.

Is there a QUOTA applicable to the number of E-3 visas issued each year?

RSA — Mon, 11 Dec 2006 06:30:03 -0500

Yes, there is a maximum of 10,500 E-3 visas issued annually. Spouses and children of principal applicants do not count against the numerical limitations.

Do E-3 visa applicants need to demonstrate a "residence abroad?"

RSA — Sat, 18 Nov 2006 06:30:01 -0500

The E-3 must satisfy the consular officer that s/he intends to depart from the U.S. upon termination of status because E-3 status provides for entry on a non-permanent basis into the US.

Can an E-3 visa be renewed?

RSA — Thu, 02 Nov 2006 06:30:03 -0500

Yes. The validity of E-3 visas may be renewed indefinitely (meaning numerous times).

Will YouTube Sponsor H-1B Workers after its acquisition by Google?

RSA — Sun, 29 Oct 2006 23:10:20 -0500

Many foreign programmers, and other professionals, who would like to work for YouTube and Google wonder whether YouTube and Google sponsor individuals for H-1B visas. As you can see from the following chart, Google does indeed sponsor H-1B workers. Therefore, after the acquisition of YouTube by Google, Google will likely continue to sponsor individuals for H-1B visas provided that the H-1B quota, established by the U.S. government, has not run out.

The following table lists some H-1B workers who were sponsored by Google in federal fiscal year 2005. The table lists the beginning and ending date of the employment, the job title, wage rate, city and state of employment. Of course, the big problem for the current fiscal year (October 1, 2006 to September 30, 2007) is that the H-1B quota has been reached. Therefore, unless Congress adds more visas to the quota, or one is exempt from the H-1B quota, one will likely need a different type of visa for this fiscal year, such as an O visa (if one qualifies as an individual with extraordinary ability) or TN status for Canadians and Mexicans.

The following individuals may be exempt from the H-1B quota:

Australians who may apply under E-3 status;
Singaporean nationals who may apply under H-1B1 status;
Chilean nationals who may apply under H-1B1 status;
Individuals who will be working concurrently for another H-1B employer;
If you are currently in H-1B status, working for a non-exempt organization, and are changing jobs;
If you were previously in H-1B status, working for a non-exempt organization, and have not left the U.S. for more than one year (in the past 6 years), and meet any other applicable requirements.

Therefore, anyone who is interested in working for YouTube or Google, should contact the respective company: YouTube and Google. You can email YouTube at: jobs@youtube.com and tell them what you can do and why they should hire you.

Some H-1B Workers Sponsored by Google in federal fiscal year 2005 (October 1, 2004 to September 30, 2005):

BEGIN_DATE	END_DATE	JOB_TITLE	WAGE_RATE	CITY	STATE
09/14/2005	09/13/2008	Software Engineer	102000	Mountain View	CA
08/29/2005	08/28/2008	Software Engineer	102000	Mountain View	CA
09/18/2005	09/17/2008	Software Engineer	102000	Mountain View	CA
03/21/2005	03/20/2008	Software Engineer	95000	New York	NY
07/01/2005	06/30/2008	Software Engineer	105000	Mountain View	CA
07/17/2005	07/16/2008	Software Engineer	85000	Mountain View	CA
07/01/2005	06/30/2008	Software Engineer	117000	Mountain View	CA
03/21/2005	03/20/2008	Software Engineer	80000	Mountain View	CA
03/28/2005	03/27/2008	Customer Service Specialist	43500	Mountain View	CA
09/28/2005	03/27/2008	Software Engineer	85000	New York	NY
09/28/2005	09/27/2008	Software Engineer	85000	Mountain View	CA
09/24/2005	09/23/2008	Software Engineer	102000	Mountain View	CA
09/24/2005	09/23/2008	Software Engineer	102000	Mountain View	CA
09/24/2005	09/23/2008	Software Engineer	102000	Mountain View	CA
09/24/2005	09/23/2008	Software Test Engineer	75000	Mountain View	CA
09/24/2005	09/23/2008	Software Engineer	85000	Mountain View	CA
09/30/2005	09/29/2008	Software Engineer	85000	Mountain View	CA
07/01/2005	06/30/2008	Advertising Communications Specialist	51000	Mountain View	CA
09/24/2005	09/23/2008	Software Engineer	95000	Mountain View	CA
04/01/2005	03/31/2008	Software Engineer	95000	Mountain View	CA
09/25/2005	09/24/2008	Software Engineer	85000	Mountain View	CA
09/25/2005	09/24/2008	Software Engineer	85000	Kirkland	WA
09/24/2005	09/23/2008	Software Test Engineer	75000	Mountain View	CA
09/30/2005	09/29/2008	Software Engineer	85000	Mountain View	CA
09/28/2005	09/27/2008	Software Engineer	85000	Mountain View	CA
09/30/2005	09/29/2008	Software Engineer	85000	New York	NY
03/31/2005	03/29/2008	Software Engineer	85000	Mountain View	CA
06/06/2005	06/05/2008	Software Engineer	85000	Mountain View	CA
03/15/2005	03/14/2008	Purchasing Engineer (Agent)	75000	Mountain View	CA
03/21/2005	03/20/2008	Software Engineer	85000	New York	NY
03/10/2005	03/09/2008	Research Engineer	105000	Mountain View	CA
03/21/2005	03/20/2008	Technical Operations Mgr. (Strategic Negotiator)	175000	Mountain View	CA
03/21/2005	03/20/2008	Software Engineer	85000	Mountain View	CA
09/09/2005	09/08/2008	Software Engineer	102000	Mountain View	CA
03/15/2005	03/14/2008	Software Engineer	90000	Mountain View	CA
07/01/2005	06/30/2008	Software Engineer	115000	Mountain View	CA
08/15/2005	08/14/2008	Software Engineer	102000	Mountain View	CA
06/13/2005	06/12/2008	Software Engineer	85000	Mountain View	CA
09/01/2005	08/31/2008	Software Engineer	85000	Mountain View	CA
03/11/2005	03/10/2008	Software Test Engineer	75000	Kirkland	WA
08/01/2005	07/31/2008	Software Engineer	85000	New York	NY
03/14/2005	03/13/2008	Software QA Engineer	90000	Mountain View	CA
07/15/2005	07/14/2008	Software Test Engineer	60000	Mountain View	CA
03/21/2005	03/20/2008	Software Test Engineer	85000	Kirkland	WA
09/01/2005	08/31/2008	Software Engineer	102000	New York	NY
07/01/2005	06/30/2008	Software Engineer	102000	Mountain View	CA
07/01/2005	06/30/2008	Software Engineer	82000	Mountain View	CA
03/15/2005	03/14/2008	Software Engineer	78000	Mountain View	CA
02/21/2005	02/20/2008	Network Engineer	65000	Mountain View	CA
11/15/2004	11/14/2007	Software Engineer	100000	Mountain View	CA
11/01/2004	10/31/2007	Software Engineer	95000	Santa Monica	CA
11/05/2004	11/04/2007	Software Engineer	105000	New York	NY
11/01/2004	10/31/2007	Software Engineer	100000	Moutain View	CA
12/15/2004	12/14/2007	Product Marketing Engineer	90000	Mountain View	CA
10/15/2004	04/28/2007	Software Engineer	105000	Mountain View	CA
11/01/2004	10/31/2007	Research Engineer	135000	Mountain View	CA
03/01/2005	02/28/2008	Software Engineer	120000	New York	NY
02/28/2005	02/27/2008	Corporate Counsel	160000	Mountain View	CA
03/15/2005	03/14/2008	Software Engineer	102000	Mountain View	CA
02/18/2005	02/17/2008	Software Engineer	82000	Mountain View	CA
07/08/2005	07/07/2008	Strategic Partner Dev. Mgr. (Strategic Bus. Dev.)	90000	Mountain View	CA
08/22/2005	08/21/2008	Software Engineer	85000	Mountain View	CA
02/21/2005	02/20/2008	Program Manager (Staffing)	100000	Mountain View	CA
02/17/2005	02/16/2008	Financial Analyst	65000	Moutain View	CA
01/31/2005	01/30/2008	Software Engineer	91000	Mountain View	CA
07/01/2005	06/30/2008	Marketing Communication Specialist	70000	Mountain View	CA
04/01/2005	03/31/2008	Software Engineer	136500	Mountain View	CA
07/22/2005	07/21/2008	Software Engineer	102000	New York	NY
03/01/2005	02/28/2008	Software Engineer	97500	Mountain View	CA
12/01/2004	11/30/2007	Software Engineer	85000	Mountain View	CA
12/06/2004	12/05/2007	Software Engineer	125000	Mountain View	CA
11/29/2004	11/28/2007	Software Engineer	95000	Mountain View	CA
12/06/2004	12/05/2007	Product Marketing Engineer	105000	Mountain View	CA
12/13/2004	12/12/2007	Software Engineer	135000	Mountain View	CA
12/30/2004	12/29/2007	Software Engineer	105000	Mountain View	CA
12/20/2004	12/19/2007	Software Engineer	85000	Mountain View	CA
01/10/2005	01/09/2008	Software Engineer	95000	Mountain View	CA
01/04/2005	01/03/2008	Program Manager (Global Data Center)	110000	Mountain View	CA
01/15/2005	01/14/2008	Software Test Engineer	110000	Kirkland	WA
01/15/2005	01/14/2008	Software Engineer	105000	Mountain View	CA
06/06/2005	06/05/2008	Software Engineer	85000	Mountain View	CA
01/05/2005	01/04/2008	Software Engineer	135000	Mountain View	CA
05/01/2005	04/30/2008	Software QA Engineer	77000	Mountain View	CA
01/17/2005	01/16/2008	Software Engineer	85000	Mountain View	CA
01/03/2005	01/02/2008	Product Marketing Engineer	80000	Mountain View	CA

Does an E-3 (for Australians) visa applicant need a license for the specialty occupation?

RSA — Sun, 29 Oct 2006 06:30:05 -0500

An E-3 visa applicant must meet the academic and occupational requirements, including licensure where appropriate, for admission into the United States in a specialty occupation. If the job requires licensure or other official permission to perform the specialty occupation, the applicant must submit proof of the requisite license or permission before the E-3 visa may be granted. In certain cases, where such a license or other official permission is not immediately required to perform the duties described in the visa application, the applicant must show that he or she will obtain such licensure within a reasonable period of time following admission to the United States.

DHS Announces that 24 of the 27 Visa Waiver Program (VWP) countries Have Met e-Passport Requirements

ImmigrationLex — Fri, 27 Oct 2006 02:32:47 -0400

The Department of Homeland Security (DHS) announced on October 26, 2006 that 24 of the 27 Visa Waiver Program (VWP) countries have met the October 26, 2006 deadline by satisfying the requirement for issuing e-Passports. These requirements mandate that passports contain a contactless chip with the passport holder's biographic information and a biometric identifier (e.g., a digital photograph of the holder). DHS announced in July 2005, that passports issued by VWP countries on or after October 26, 2006, must comply with these requirements in order to be valid for entry into the United States without a visa, i.e., under the visa waiver program.

The countries which did not meet this deadline are: Andorra, Brunei and Liechtenstein. DHS has advised that "Travelers from these countries will need to obtain a visa to enter the United States if they hold a passport issued on or after October 26, 2006, until e-Passports are available."

The visa waiver countries which did met the deadline are as follows: Australia, Austria, Belgium, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland and the United Kingdom. Citizens of these countries will, therefore, be permitted to enter the U.S. without a visa for 90 days or less for tourism or business. According to DHS: "Approximately 15 million people each year travel to the United States under the VWP to conduct business, visit family or tour the country."

The Department of Homeland Security Press Release Appears below:

-----------------------

Vast Majority of Visa Waiver Countries Meet Security Upgrade to e-Passports

Release Date: October 26, 2006

For Immediate Release
Office of the Press Secretary
Contact: (202) 282 8010

The Department of Homeland Security (DHS) announced today that nearly all of the Visa Waiver Program (VWP) countries have met the requirement for issuing e-Passports. Working in close collaboration with the United States, 24 of the 27 VWP countries have met today's deadline, requiring all newly issued passports to contain a contactless chip with the passport holder's biographic information and a biometric identifier, such as a digital photograph of the holder.

An e-Passport securely identifies the bearer, defends against identity theft, protects privacy and makes it difficult for individuals to cross borders using fraudulent documents. During the past two years, the U.S. government has collaborated with VWP countries to develop the technical standards and capability to ensure that the e Passports were operable with the readers at U.S. ports of entry.

"The department is committed to shutting down the ability of terrorists and criminals to use false travel documents to move freely through our borders. The upgrade to e-Passports is a significant advance in preventing terrorists from using lost or stolen passports to obtain entry into the United States," said DHS Secretary Michael Chertoff. "I applaud the many Visa Waiver Program countries in compliance with this requirement, and we continue to work closely with the remaining countries toward their speedy and complete compliance."

In July 2005, DHS announced the requirement that passports issued by VWP countries on or after October 26, 2006, must be e Passports to be valid for entry into the United States without a visa. These e Passports must comply with technical standards established by the International Civil Aviation Organization.

Other types of valid passports that can be used to enter the United States include: machine-readable passports with a digital photograph issued before October 26, 2006, or a machine-readable passport issued before October 26, 2005.

The United States continues to work with the three countries not yet issuing e Passports, Andorra, Brunei and Liechtenstein, to ensure that they meet the requirement as soon as possible. Travelers from these countries will need to obtain a visa to enter the United States if they hold a passport issued on or after October 26, 2006, until e-Passports are available.

The e Passports being issued by VWP countries carry the international e-Passport symbol on the cover, contain a contactless chip with personal information and have critical security features which prevent the unauthorized reading or "skimming" of data stored on the chip. Many non VWP countries around the world have also begun to issue e Passports to reduce the use of fraudulent travel documents and facilitate legitimate travel.

The inspection process at a U.S. port of entry does not change for an e-Passport holder. U.S. Customs and Border Protection officers will have the ability to read the e Passport's chip at inspection booths displaying the international e Passport symbol.

The 27 countries participating in the VWP include: Andorra, Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland and the United Kingdom. The Visa Waiver Program applies to citizens of these 27 countries traveling to the United States for 90 days or less for tourism or business. Approximately 15 million people each year travel to the United States under the VWP to conduct business, visit family or tour the country.

Travelers who wish to verify whether or not their passports meet the requirements and deadlines for VWP travelers, can find details at www.dhs.gov/xtrvlsec/ or contact a U.S. consular office in their home country.

###

E-3 Special Australian H-1B

RSA — Wed, 18 Oct 2006 12:23:50 -0400

The E-3 is a new visa category for Australians only who are going to the U.S. to work temporarily in a "specialty occupation".

An E-3 is similar to the very popular H-1B, except that it has additional benefits, such as not being subject to the six year limit, and permitting the applicant's spouse to work. Another key advantage is that it has its own quota, which is important because the regular H-1B quota often runs out quickly.