E-3 Specialty Occupation Worke

E-3 Specialty Occupation Worker—For Australian Nationals Only By: Nicole C. Dillard, Esq. E-3 Specialty Occupation Worker簽證是在REAL ID ACT of 2005條例中所通過的一種新的工作簽證。但其隻局限於給擁有Australia國籍人士作為temporary worker進入美國的工作簽證，而且這些人士的工作應定義為“specialty occupation” 。在這裏，我們會介紹有關E-3工作簽證的信息，以及E-3簽證與H-1B簽證的一些比較。 Since its introduction as one of the newest nonimmigrant visas, the E-3 Specialty Occupation Worker has been somewhat of a mystery. Those immigration attorneys who are filing them, do so with a bit of hesitation as some are not quite sure of the procedure, since it is different from filing for an H-1B, the other nonimmigrant visa for specialty occupations. The E-3 Specialty Occupation Worker visa was established by the REAL ID Act of 2005 which provided for the admission of a temporary worker who is a national of Australia and is entering the U.S. to perform services in a “specialty occupation.” Nonimmigrant aliens who are already legally in the United States may apply to change their status to that of an E-3 specialty worker and can also extend their stay in the E-3 classification. It is worth noting that some of the essential qualifications of the E-3 applicant are similar to those of the H-1B, the other nonimmigrant visa that is for those foreign nationals seeking to work in specialty occupations. Similarly, to qualify for the E-3 classification, an alien must be: n an Australian national who is seeking employment in a specialty occupation requiring a Bachelor’s degree or higher (or its equivalent) n Possess the appropriate degree (or its equivalent) in the field in which the alien wishes to work. The documents to support an E-3 petition are also similar, aside from required proof of Australian nationality. The beneficiaries will need a letter from the U.S. employer describing the alien’s occupation, anticipated length of stay, and salary/remuneration arrangements. Furthermore, the alien beneficiary will also demonstrate that they meet the educational requirement for the position to be filled as well as any licensing or other occupational requirements and evidence that the prospective U.S. employer has filed with the Department of Labor a Labor Condition Application (LCA), specifically designated for E-3 Occupations. In addition to this category being limited to Australian nationals, there are a few notable differences from the H-1B category. The new E-3 category is E-3 status is granted initially for a period of no more than 2 years, as opposed to 3 years for the H-1B visa, but extensions of stay may be granted indefinitely in increments not to exceed two years. Furthermore, Congress has established a yearly cap of 10,500 new E-3 workers. For purposes of the cap, “new E-3 workers” are those who are admitted initially in E-3 classification from abroad as well as those who change their nonimmigrant status to E-3 classification or change employers while in E-3 status. An important difference to note is unlike the H-1B category, the dependent spouse of an E-3 temporary worker may apply for and receive work authorization. Therefore, despite the current limits on numbers placed on the specialty occupation workers, there are some options that have presented themselves. If you are an Australian national, it may be worth speaking with an Immigration Attorney to determine if this is an option worth pursuing. ______________________________________________________________________________ 本文由範毅禹律師事務所提供 本律師事務所精辦各類勞工應聘及專業移民申請 (包括H-1，L-1，EB-1，EB-2，NIW，勞工卡，綠卡等申請)。所有申請由多位美籍律師及擁有15年經驗的範毅禹律師親自處理，我所並特設中英移民網站。內有最新移民新聞資訊及由律師主持的移民問答集，歡迎讀者流覽查詢。 www.Fan-Law.com CALIFORNIA : Fan, Fitzpatrick & Thompson, LLP. 370 E. Glenarm St., Pasadena , CA 91106 Tel: [phone] Fax: [phone] MARYLAND : Fan, Fitzpatrick & Thompson, LLP. 230 North Washington Street, Suite 400 , Rockville , MD 20850 Tel: [phone] Fax: [phone]