Must have the equivalent of a four (4) year US Bachelor degree with a major course of study that corresponds to the E-3 job offer

To qualify for the E-3, you must have the equivalent of a 4-year US Bachelor’s Degree in a “major" that corresponds to your E-3 visa job offer/job title/job description. An Aussie 3-year degree is normally not equivalent to a US 4-year degree on its own. US Consular officers and USCIS examiners are not "supposed" to approve an e-3 application without convincing proof that the degree equates to a 4-year US degree and both the U S Immigration Services and US consulates routinely deny applicants who do not provide proof that their degree equates to a US degree. You must obtain an official educational evaluation report from an authorized evaluator. Evaluators can utilize the US Immigration regulation that states that 3 years of full time work experience is equivalent to one year of college to help reach equivalency.

Working for more than one US employer.

A) A person with an E-3 visa may only legally work for their E-3 Visa employer.  Working for a 2nd employer or even working for oneself is not permissible under US law- if that work is taking place inside US borders…although working through the internet for an Aussie based company—for clients outside Australia (including US clients) might be “legal” under some circumstances even if one is present inside the USA. Without having gone through the E-3 application process, an employer cannot legally hire the Australian applicant.

B) Obtaining More than One E-3 visa is allowed. This is known as a concurrent E-3 visa. A new application needs to be filed and approved either at a US Consulate or through the US Immigration Services. Could one even have three (3) E-3 visas simultaneously and thus work for three (3) different US based employers? The answer is YES. For some folks who are in high demand who wish to work part time for 3 different employers---this can be extremely useful.

Public inspection File for H1b E-3 holders 

A)  Failure to properly post the LCA in two (2) conspicuous locations prior to filing or electronic notification to all similarly situated employees can can result in monetary fines to the employer of thousands of dollars.

B) Failure to maintain the LCA Public Access File (PAF) can result in monetary fines to the employer of thousands of dollars. The Public Access File is the file that an employer must create and maintain for each H1B, H1B1, and E-3 employee.  This file must be created, within one working day of the LCA filing. It must be available for public inspection, as well as inspection by the US Department of Labor, either at the employer’s principal place of business or the actual location of employment. The PAF must contain a copy of the certified LCA and the related cover pages. For LCAs that were electronically submitted (as is standard practice), the printout must be signed by the employer. The PAF must contain supporting documentation related to the contents of the LCA. It is important for employers to comply with the PAF requirements. In the event of an audit, there are potential monetary penalties for failure to maintain the Public Inspection File. These are separate from any penalties that may be assessed for failure to demonstrate compliance with the LCA requirements. Failure to maintain public access files can result in civil penalties, back wage orders, and even debarment from the E-3 Visa program

Non-Immigrant Intent & Ties to Australia

All E-3 visa applicants must be able to prove they have nonimmigrant intent and sufficient ties to Australia and an intent to return to Australia after they have finished working/living in the USA under the E-3 visa. If not, the E-3 visa application is likely to be denied.

E-3 is a nonimmigrant status which does not permit “dual intent” (intent to immigrate) at the time one goes for the E-3 vis appointment or at the time one enters the USA. The beneficiary must establish to the satisfaction of US Citizenship and Immigration Services (USCIS) that the employment opportunity is both temporary and short-term.

Australian residence is not proven merely by showing one’s Australian passport and birth certificate. Australians who apply for an E-3 visa are supposed to be able to prove they have “ties to Australia.” The type of E-3 Visa Evidence that can be helpful to prove “Ties to Australia” includes, but is not limited to:

Close family ties in Australia (this is often a verbal proof and is easily verified by US consular officials)

• Significant asset ownership proof like mortgage document for home, car, business, etc.
• Bank statements with account history
• Australian tax returns
• Australian Driver’s License
• Australian credit cards
• Proof of voting in Australia
• Australian annual pension report

When you attend your E-3 Visa interview it is always good to have proof of Australian residence and ties to Australia just in case one is asked about this issue by the Examining Officer.

Applying for A Green Card Whilst in the USA On AN E-3 Visa

After obtaining their E-3 visa and after entering the USA, over a period, if the E-3 Visa holder feels that they wish to remain in the USA on a more permanent basis, they can apply for a green card which means they can later have immigrant intent. This can be tricky especially when the E-3 visa applicant wishes to travel out of and then back inside the USA while their green card application is pending. But at certain stages this is absolutely do- able.

Australian residence is not proven merely by showing one’s Australian passport and birth certificate. Australians who apply for an E-3 visa are supposed to be able to prove they have “ties to Australia.” The type of E-3 Visa Evidence that can be helpful to prove “Ties to Australia” includes, but is not limited to:

Close family ties in Australia (this is often a verbal proof and is easily verified by US consular officials)

• Significant asset ownership proof like mortgage document for home, car, business, etc.
• Bank statements with account history
• Australian tax returns
• Australian Driver’s License
• Australian credit cards
• Proof of voting in Australia
• Australian annual pension report

When you attend your E-3 Visa interview it is always good to have proof of Australian residence just in case. (http://immigrationworkvisa.com/e-3-visa-labor-condition-application-lca/)

Crimes involving Moral Turpitude and obtaining a Waiver

A non-US citizen who has committed a Crime Involving Moral Turpitude (CIMT) may be inadmissible to the U.S. This means the person will likely not be issued a visa to come to the U.S. or might be refused admission to the U.S. at a port of entry. If the person is in the U.S. already, he or she may be prevented from adjustment of status to lawful permanent resident because of the crime and placed in removal (deportation) proceedings—even if there was no jail term.

The Board of Immigration Appeals (BIA) has stated is that a CIMT involves conduct that is inherently vile or depraved or involves fraud or deceit.

It is not only a conviction for a CIMT that renders an individual inadmissible to the U.S.  Merely admitting having committed the crime, or admitting committing the essential elements of the crime, are also sufficient reasons under the law to render an individual inadmissible.  CIMTs cover a broad range of offenses and render many individuals inadmissible to the U.S. every year, but there is a way to get relief. There are several exceptions to CIMT inadmissibility and a waiver may be possible.

Waivers of Inadmissibility

Once it has been determined that a CIMT has been committed for which no exception applies, the other option is to have the crime pardoned if the applicant qualifies for a waiver under Section 212(h) of the Immigration and Nationality Act.  212(h) waivers are granted where either: 1) the act being waived occurred over 15 years ago; the admission would not be contrary to the safety or security of the U.S.; and the immigrant has been rehabilitated; or 2) it is established that extreme hardship would result to the immigrant’s U.S. citizen or lawful resident spouse, parent, son or daughter if the immigrant was not permitted to enter the U.S. or adjust status.  “Extreme Hardship” is a tough standard to meet, and hardship beyond that which would normally be expected in situations of family separation must be proven.

Among the many specific offenses that the U.S.  authorities have determined to be CMT include:

• murder
• voluntary manslaughter
• involuntary manslaughter, in some cases
• rape
• spousal abuse
• child abuse
• incest
• kidnaping
• robbery
• aggravated assault
• mayhem
• animal fighting
• theft- even theft of a small item with little value
• fraud, and
• conspiracy, attempt, or acting as an accessory to a crime if that crime involved moral turpitude.