What's new in immigration

US visas for Business, Leisure or Residential purposes

US Visas Ltd.

New E-3 Visa for Australian Nationals

Section 5 of the Real ID Act of 2005 has created a new visa classification known as E-3 for Australians by adding a new Section, being 101 (a) (15) (E) (iii) to the U. S. Immigration and Nationality Act.

The New E-3 Visa for Australians – FAQs

On May 11, 2005, the President signed into law a bill that includes a provision to create a new non-immigrant visa category (E-3) for nationals of Australia. The new law will largely take Australians out of the H-1B quota (which has a long queue right now) and offer them a visa that is similar, but more flexible than the H-1B. It also has some of the elements of an E treaty visa and can be viewed as a hybrid that should be highly useful to Australian nationals seeking work in the US.

What is the new E-3 visa?

Section 501 of the Real ID Act of 2005 has made a change to the Immigration and Nationality Act to allow for a new category of E treaty visa. This change creates a new INA Section, Section 101(a)(15)(E)(iii), which allows for the admission of an alien who is a national of the Commonwealth of Australia, and who is entering to perform services in a "specialty occupation."

E- 3 Specialty Occupation Worker for Australian Nationals Only

The new E-3 Visa was established by the REAL ID Act of 2005, this new visa allows for the admission of a national from the Commonwealth of Australia to enter the U.S. as a temporary worker to perform services in a “specialty occupation”. It also allows non-immigrant foreign nationals who are presently in the U.S. to change their status to that of an E-3 Specialty Occupation Worker.

Qualifications for the E-3 Visa:

· You must be an Australian national;

· You must be seeking employment in a “specialty occupation” requiring a bachelor’s degree or its equivalent;

You must possess the appropriate degree or its equivalent in the field in which you need to work;

What is the numerical cap on the E-3 Visa?

Congress has established the cap on the E-3 visa to be 10, 500 per year.

What are the advantages of the E- 3 visa?

The E-3 visa does not require pre-approval from the United States Citizenship and Immigration Services ‘USCIS’, which in turns means it is quicker to obtain.

It also means that the E-3 visa application may be made at a consular office overseas.

The E- 3 visa allows an Australian national to enter the U.S. for an initial 2 years. The foreign national may extend his or her E-3 visa indefinitely.

Australian nationals already in the U.S. under a different non-immigrant status may apply to change their status to that of the E-3 and eventually apply to extend their stay in the U.S. in such status. However, those requesting a change in their non-immigrant status or an extension of stay, will be asked to apply via the USCIS.

Under the E-3 visa, the dependent spouse (known as E-4) of an E-3 visa holder may apply for an employment authorization document “EAD.” Once granted, this will allow the dependent spouse to work in the U.S. in line with her E-3 visa holder spouse.

Can I convert from H-1B to E-3 status?

The statute does not bar this and it should be possible to change from H-1B to E-3 status.

When can I file for an E-3?

In theory, applications can be submitted immediately as implementing regulations are not required. In practice, USCIS may not adjudicate these cases until they have at least established guidelines.

Interestingly, one might simply apply for an E-3 at a consulate and bypass USCIS. The applicant would need to present an LCA and the other documents required above, but USCIS should not have to approve it in advance. This would mean that E-3 applicants can secure visas within days of applying and be in the US quickly.

We will have to wait and see what USCIS and DOS announce, however.

Is the E-3 a dual intent visa?

They are not dual intent in the sense of H-1Bs and L-1s, but they do not have a foreign residence requirement. Applicants need to attest that they intend to depart when their status terminates. A statement is usually enough unless they have clear intentions showing the opposite. But there is case law stating that the expression of a desire to remain in the US permanently as opposed to intending to remain even if legally not permitted, is permissible on an E visa. In other words, wanting to remain permanently is okay as long as one is willing to leave if this is not permitted by law.

E visa applicants also need not demonstrate that they are coming for a limited period of time and they do not need to show a home in their home country to which they plan to return. This would be impractical given the fact that E visa holders can remain in the US for decades.

News Releases

USCIS ANNOUNCES NEW “GREEN CARD”FILING PROCEDURE

Customers to File I-90 Applications at the Los Angeles Lockbox beginning May 31, 2005

Washington, DC –U.S. Citizenship and Immigration Services (USCIS) forwarded to the Federal Register today a notice announcing that starting May 31, 2005 aliens must mail applications to renew or replace Permanent Resident Cards, commonly known as “green cards,” directly to the Los Angeles Lockbox. The Lockbox is a processing facility used by USCIS to accelerate the collection of applications and petitions. Today’s announced change allows USCIS to improve the processing of Form I-90 (Application to Replace Permanent Resident Card) by electronically capturing data and images and by performing fee receipting and depositing from one central location, rather than at the local District Office, Service Center, or Application Support Center (ASC).

Beginning on May 31st,aliens filing a Form I-90, regardless of their state of residence, must mail those applications with an application fee of $185 and a biometrics fee of $70to one of the following addresses:

For U.S. Postal Service (USPS) deliveries:

U.S. Citizenship and Immigration Services

P.O. Box54870

Los Angeles, CA 90054-0870

Or for non-USPS deliveries (e.g. private couriers):

U.S. Citizenship and Immigration Services

Attention:I-90

16420 Valley View Avenue

La Mirada, CA 90638

Applicants should NOT include their initial evidence and supporting documentation when submitting the Form I-90 to the Los Angeles Lockbox. All applicants will receive a notice for a biometrics processing appointment at an ASC and will submit their initial evidence during that appointment. All applicants will receive their biometrics appointment notice in the mail.

For more information please visit the UCIS web site at: http://www.uscis.gov

Effective Immediately, the USCIS will begin to Decouple Naturalization Applications

The USCIS has discovered that the coupling of naturalization applications has caused and adverse reaction to their ability to provide timely customer service. Under current rules naturalization applications were processed under the Group Management Option. This meant that all members of a group in the process of naturalizing had to have their background checks completed prior to moving on to the next stage of the naturalization process. So, if one individual was not yet successful on completing his or her background checks then the whole group was delayed in the naturalization process. The new process of decoupling or “ungrouping” will allow for individual cases to be processed independently. This will in turn allow for better timing on naturalization cases. However, those individuals still wishing to remain under the Group Management Option will be allowed to submit a written request for grouping their cases