E-3 Specialty Occupation Worke

E-3 Specialty Occupation Worker—For Australian Nationals Only By: Nicole C. Dillard, Esq. E-3 Specialty Occupation Worker签证是在REAL ID ACT of 2005条例中所通过的一种新的工作签证。但其只局限于给拥有Australia国籍人士作为temporary worker进入美国的工作签证，而且这些人士的工作应定义为“specialty occupation” 。在这里，我们会介绍有关E-3工作签证的信息，以及E-3签证与H-1B签证的一些比较。 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. ______________________________________________________________________________ 本文由范毅禹律师事务所提供 本律师事务所精办各类劳工应聘及专业移民申请 (包括H-1，L-1，EB-1，EB-2，NIW，劳工卡，绿卡等申请)。所有申请由多位美籍律师及拥有15年经验的范毅禹律师亲自处理，我所并特设中英移民网站。内有最新移民新闻资讯及由律师主持的移民问答集，欢迎读者流览查询。 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]