Critical points to remember regarding E-3 requirements

Critical points to remember regarding E-3 requirements

Although applicants are usually aware they must possess a Bachelor’s degree (or the professional experience amounting to the equivalent of the degree), it’s critical to remember that the offered position must actually require a degree as part of the minimum requirements. This is a factor under the control of the employer, and not the future employee. A position that does not require a Bachelor’s degree as a minimum requirement for the position, though lists a degree as desired criteria, will generally not meet the standard of a Specialty Occupation.

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Watch your I-94 record

Watch your I-94 record

Since the U.S. Customs & Border Protection (CBP) introduced the online system to obtain I-94 records, we’ve seen an increase in the number of records containing errors. This creates confusion among nonimmigrant visa holders, and can increase the risk a temporary visitor overstaying their status.

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Renewing an E-3 visa outside of Australia

Renewing an E-3 visa outside of Australia

When an E-3 visa holder needs to consider their options to have the visa renewed, this can lead to the applicant seeking opinions of various types from employers, colleagues, friends and strangers. Unfortunately, there are numerous scenarios in which E-3 visa holders can face significant delays in renewing their visas. Careful research and planning on where an E-3 can be renewed can help avoid some of these problems.

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Green Card lottery winners should take action now

Green Card lottery winners should take action now

The Diversity Immigrant Visa Program (DV Program), or Green Card lottery, allows a maximum of 50,000 randomly selected Immigrant Visas to be made available on an annual basis. The results for the DV-2017 Green Card lottery were released by the U.S. Department of State on May 3, 2016. Merely being selected in the lottery does not guarantee that you will ultimately receive a Green Card. Once selected, applicants must complete various steps in the immigrant process in order to qualify and receive a Green Card. After completing these additional steps, many applicants that are selected in the lottery are ultimately found to be inadmissible and ineligible to immigrate to the United States.

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Common questions regarding E-3 Visa applications

Common questions regarding E-3 Visa applications

I receive a number of questions from Australians regarding E-3 visa applications. Often these questions come from existing E-3 visa holders located in California and New York looking to renew their visas. The following are some of the more commonly asked questions regarding E-3 visas:

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H1-B deadline approaching

H1-B deadline approaching

This is a busy time of year for H-1B petitioning employers who are filing H-1B applications with the United States Citizen & Immigration Services (USCIS) due on April 1. USCIS is predicting an even higher number of petitions to be filed this year, exceeding the over 230,000 cases filed on April 1 in 2015. The larger amount of filed cases will result in the H-1B cap being reached within several days, meaning that USCIS’ computer-generated random lottery process will be initiated again.

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Australians face higher scrutiny when applying for E-3 Visa

Australians face higher scrutiny when applying for E-3 Visa

As the number of E-3 visa applications increase, so too have the number of denials. Up to 10% of applications are being rejected, and this increase doesn’t appear to be a natural correlation with the increase in newly filed applications. U.S. authorities appear to be increasing their scrutiny of applicants by ensuring their applications meet the standards of a Specialty Occupation, including the specific educational requirements. David Immigration Law has experience in preparing E-3 visa applications that ensure these critical requirements are correctly addressed to avoid denials.

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