The E-3 visa is a unique option for Australian nationals, allowing them to work in the U.S. in specialized professions. While the E-3 visa is non-immigrant, meaning it’s not initially intended to lead to permanent residency, many visa holders aim to transition to a Green Card. Here’s how you can make that journey.
What is the E-3 Visa?
The E-3 visa is exclusive to Australians and is granted for specialty occupations requiring at least a bachelor’s degree. It’s valid for two years and can be renewed indefinitely as long as you continue to meet the criteria. Your spouse and children can join you on an E-3D visa, with your spouse eligible for work authorization.
Can E-3 Visa Holders Get a Green Card?
Yes, it’s possible, but it requires careful planning. Here are your main options:
- Employment-Based Green Card:
- PERM Process: Your U.S. employer can sponsor you for a Green Card. They must prove to the Department of Labor that no qualified U.S. workers are available for your job. Once that’s approved, they’ll file an I-140 petition. If that’s approved, you can adjust your status in the U.S. or go through consular processing abroad.
- Switching Visa Categories:
- E-3 visas don’t have “dual intent,” so transitioning directly to a Green Card can be tricky. Some people switch to an H-1B visa, which allows dual intent, making it easier to apply for a Green Card.
What About E-3D Dependents?
If you’re married, your spouse (on an E-3D visa) can also pursue a Green Card. They might be included in your application, or if they have work authorization, they could apply on their own based on their job.
Final Thoughts
Moving from an E-3 visa to a Green Card isn’t straightforward, but it’s possible with the right strategy. Whether through employer sponsorship or switching to another visa, you can work towards permanent residency in the U.S. If this is your goal, consulting with an experienced immigration attorney can help navigate the complexities and increase your chances of success.
Contact Information If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.