How to Successfully Extend an E3 Visa

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If you are an Australian citizen working in the United States on an E3 visa, you may be wondering about the process and guidelines for extending your stay. In this article, we will discuss the steps you need to take to extend your E3 visa and provide some helpful guidelines to ensure a smooth and successful extension.

    What is an E3 Visa?

    Before we dive into the extension process, let’s first understand what an E3 visa is. The E3 visa is a non-immigrant visa that allows Australian citizens to work in the United States in a specialty occupation. This visa is only available to Australian citizens and their spouses, and it requires a job offer from a US employer.

    The E3 visa is valid for up to two years and can be extended indefinitely in two-year increments. However, there are certain guidelines and requirements that must be met in order to successfully extend your E3 visa.

    Steps to Extend Your E3 Visa

    Step 1: File a Labor Condition Application (LCA)

    The first step in extending your E3 visa is to file a Labor Condition Application (LCA) with the Department of Labor (DOL). This application is required to ensure that your employer is paying you the prevailing wage for your occupation and that your employment will not adversely affect the wages and working conditions of US workers.

    The LCA must be filed at least 30 days before the expiration of your current E3 visa. It is important to note that the LCA must be filed by your employer, not by you.

    Step 2: Gather Required Documents

    Once the LCA has been approved, you will need to gather the necessary documents for your visa extension application. These documents include:

    Step 3: File Form I-129

    The next step is to file Form I-129, Petition for Nonimmigrant Worker, with the United States Citizenship and Immigration Services (USCIS). This form must be filed by your employer and must include all of the required documents listed above.

    It is important to file Form I-129 at least 45 days before the expiration of your current E3 visa to allow for processing time.

    Step 4: Attend Visa Interview (if necessary)

    If you are currently outside of the United States and your E3 visa has expired, you will need to attend a visa interview at a US embassy or consulate in order to obtain a new visa. This step is not necessary if you are already in the United States and are simply extending your current E3 visa.

    Guidelines for a Successful E3 Visa Extension

    Start the Process Early

    It is important to start the extension process as early as possible to allow for any delays or complications that may arise. The LCA must be filed at least 30 days before the expiration of your current E3 visa, and Form I-129 must be filed at least 45 days before expiration.

    Ensure Your Employer is Compliant

    Your employer must comply with all requirements of the E3 visa, including paying you the prevailing wage and not adversely affecting the wages and working conditions of US workers. It is important to communicate with your employer and ensure that they are aware of their responsibilities.

    Maintain Your Qualifications

    In order to extend your E3 visa, you must continue to meet the qualifications for the specialty occupation. This may include obtaining additional education or work experience. It is important to keep track of your qualifications and ensure that you are meeting the requirements.

    Keep Track of Your Stay

    It is important to keep track of your stay in the United States and the expiration date of your E3 visa. This will help you plan ahead and ensure that you have enough time to complete the extension process.

    Seek Professional Help

    If you are unsure about any aspect of the E3 visa extension process, it is always best to seek professional help. An immigration lawyer or visa specialist can guide you through the process and ensure that all requirements are met.

    Conclusion

    Extending your E3 visa may seem like a daunting process, but by following these steps and guidelines, you can ensure a smooth and successful extension. Remember to start the process early, gather all necessary documents, and maintain your qualifications for the specialty occupation. With proper planning and preparation, you can continue to work in the United States on your E3 visa for years to come

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