Australia

Does the 240 Day Automatic Extension rule apply to E3 (for Australians)?

Yes. The rule applies to the E-3, and the regulation now says so expressly. 8 CFR 274a.12(b)(25) identifies “a nonimmigrant treaty alien in a specialty occupation (E-3) pursuant to section 101(a)(15)(E)(iii)” as a class authorized to work incident to status, and 8 CFR 274a.12(b)(20) — the provision that carries the 240-day rule — lists paragraph (b)(25) among the classes it covers. An E-3 worker whose period of stay expires while a timely-filed extension is pending may therefore continue working for up to 240 days.

Is USCIS Premium Processing available for E3 (for Australians)?

USCIS premium processing is now available for the E-3 classification, but only for filings that USCIS actually adjudicates — which means the service is irrelevant to many E-3 cases.

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

“Specialty occupation” is a defined term, not a description. The E-3 classification borrows the same definition Congress wrote for the H-1B, which is a stricter standard than the one that applies to the H-1B1 category for Chilean and Singaporean nationals. Getting the right definition matters, because the two differ by a single word that carries real weight.

The statutory test. Section 214(i)(1) of the Immigration and Nationality Act defines specialty occupation, for both section 101(a)(15)(H)(i)(b) and section 101(a)(15)(E)(iii), as an occupation that requires:

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

Yes. The E-3 category carries an annual numerical limit, and the figure has not changed since the category was created. The limit is narrower than the question suggests, however: it reaches only certain applications, and it excludes family members entirely.

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

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?

Yes — and without any overall ceiling. Unlike the H-1B, the E-3 has no maximum total period. It runs in two-year segments that can be renewed repeatedly, provided each renewal still satisfies the requirements the category imposes. The word “renewal” covers two different things, though, and separating them avoids most of the confusion that arises in practice.

By Editorial Team , 29 October 2006

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

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.

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

Where the occupation requires a license, yes — but the requirement comes from state law rather than from the immigration statute, and that distinction shapes both the timing and the evidence.

E-3 Special "Australian H-1B"

If you are a citizen of Australia with a U.S. job offer in a professional field, you have, in a sense, already won the lottery. Citizens of most other countries must compete in the annual H-1B lottery for a chance at a work visa. Australians have their own classification — the E-3 — with its own annual allocation, no lottery at all, and a limit that in practice has not been the obstacle the H-1B cap is. And there is a bonus: a spouse who joins you in derivative E-3 status may work in the United States, for virtually any employer.

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

Yes. A spouse holding dependent E-3 status may work in the United States, and the practical route to doing so has changed substantially. Employment authorization now flows from the status itself. An Employment Authorization Document is optional rather than a prerequisite.