changes in E3 visa

[jaysanala]

Hi ,

I m an Indian origin Australian citizen working on USA on E3 since 2008. i know that E3 is not a dual intent and can not apply for Green Card (especially Indian origin) as it takes years to get GC. but last year or before that i heard that there is a proposal of making some changes in E3 visa which are listed below. the final point is talking about making E3 as dual intent as H1b and L-1.

Does anyone has any idea about these changes? if approved when will it come to effect ?


1. This proposed rule will be officially published in the federal register on Monday, 05/12/2014, but here is the advance copy readers can read ahead of time. This proposed rule will be published with the 60-day comment period beginning from May 12, 2014. Following is the summary:
2. H-1B1 and principal E-3 nonimmigrants are allowed to work without having to separately apply to DHS for employment authorization.
3. Pending extension application for H-1B1 or principal E-3 nonimmigrant, employment will be automatically extended for 240 days beyond the initial admission period (just like H-1B nonimmigrants).
4. The same will apply to CW-1 nonimmigrants.
5. The filing procedure for H-1B1 and E-3 petition or extension petition will be same with other employment-based nonimmigrant visas. Currently, there are special procedures in place for H-1B1 and E-3 as opposed to, for instance, H-1B. This change will probably add the benefits of dual intent which has been available for H-1B and L-1 nonimmigrants.

please share your thought on this,

[harshil16]

Do something

where did you get these changes from ??? can you provide the link ???

I absolutely think that we should do something about changing the law where we can apply for greencard ... We should put pressure on the government officials from Australia to ask usa government to promote the process of applying Greencard while on E3.

It is easy for American citizens to get greencard (PR) and citizenship in Australia they why it should be hard for australian citizens to get Greencard in USA ?

The only way to do this is we can join American Australian Association and encourage more people ....

Reply me back ... i will share my email and communicate ...

We have to do something about it or else we will never get greencard

[ganesh07]

US Citizen sponsoring Australian citizen

where did you get these changes from ??? can you provide the link ???

I absolutely think that we should do something about changing the law where we can apply for greencard ... We should put pressure on the government officials from Australia to ask usa government to promote the process of applying Greencard while on E3.

It is easy for American citizens to get greencard (PR) and citizenship in Australia they why it should be hard for australian citizens to get Greencard in USA ?

The only way to do this is we can join American Australian Association and encourage more people ....

Reply me back ... i will share my email and communicate ...

We have to do something about it or else we will never get greencard

Hi, does anyone know how a US citizen can sponsor australian citizen ? Thanks

[Nj19]

Still very unclear about E3

Hey guys,

Thanks to all who've posted. Appreciate your willingness to help.

I'm still very unclear as to what the rules are for Indian born Australian citizens in applying for a GC. If an employer is willing to process the GC,does that mean I'll have to transfer to An H1B or L1 first?

Thanks

[shubhamshubham]

Did the proposed changes to E-3 get approved

Hello All,

Does anyone know if the proposed changes about 'dual intent' of E-3 visa get approved or implemented ?

http://blogs.***.com/entry.php?8544-...H-1B1-CW-1-E-3


The USCIS has proposed regulations that will allow H-1B1, CW-1, and E-3 visa holders to have dual intent. The proposed regulation will also grant extended work authorization to these visa status holders who timely file their visa status extension petitions. These changes will bring these three categories into harmony with similar employment-based visa status programs, such as the H-1B and the L-1.

Allowing dual intent will remove an unnecessary legal headache when these visa status holders apply for permanent residency. Currently, H-1B1, CW-1 and E-3 visa status holders must be extremely careful when preparing their green card petitions or risk running afoul of the immigrant intent rule. Strictly speaking, these visa status holders cannot intend to file for US Permanent Residency.

Granting extended work authorization is also a welcome for these visa status holders. Under the current interpretation these workers were forced to stop working unless their visa status extension was approved prior to the expiration of the initial visa status. When the new rule is finalized, those in H-1B1, CW-1, and E-3 visa status will be allowed to work during the pendency of their visa status extension petition, even if the extension petition is not approved before the expiration of the prior status. This work authorization is for 240 days, per 8 CFR 274a.12(b)(20).

These visa categories were all established in the mid-2000s. The H-1B1 provides an H-1B-like visa status for Singaporean and Chilean nationals. The E-3 functions similarly for Australian nationals. These visas were approved by Congress when trade deals were struck with these three countries. The advantage of these visas is that they are not subject to the H-1B cap. There are quotas for these categories, although none of the quotas have veer been reached.

The CW-1 is transitional visa used for foreign nationals seeking to enter the Commonwealth of the Northern Marianas Islands. The CW-1 visa was set to sunset in 2014, but recent legislation extends the transitional visa until December 31, 2019.

Healthcare workers who work in occupations that require at least a Bachelor degree may qualify for these visas. Typically we see these visas used by Physical Therapists, Occupational Therapists, Doctors, Pharmacists, and Speech Language Pathologists.

[Avn1977]

E3

Question guys:

I am an Indian Australian, been an Australian citizen for 2 years, moved down under 6 years ago, don't have real estate here.

Would this be a problem for my E3? I have done my BEng and Masters with 15 years work exp.

Thoughts??

Thanks.





QUOTE=harshil16;426724]where did you get these changes from ??? can you provide the link ???

I absolutely think that we should do something about changing the law where we can apply for greencard ... We should put pressure on the government officials from Australia to ask usa government to promote the process of applying Greencard while on E3.

It is easy for American citizens to get greencard (PR) and citizenship in Australia they why it should be hard for australian citizens to get Greencard in USA ?

The only way to do this is we can join American Australian Association and encourage more people ....

Reply me back ... i will share my email and communicate ...

We have to do something about it or else we will never get greencard[/QUOTE]

[Senthil_7]

Changes in E3 Visa Approved

Question guys:

I am an Indian Australian, been an Australian citizen for 2 years, moved down under 6 years ago, don't have real estate here.

Would this be a problem for my E3? I have done my BEng and Masters with 15 years work exp.

Thoughts??

Thanks.





QUOTE=harshil16;426724]where did you get these changes from ??? can you provide the link ???

I absolutely think that we should do something about changing the law where we can apply for greencard ... We should put pressure on the government officials from Australia to ask usa government to promote the process of applying Greencard while on E3.

It is easy for American citizens to get greencard (PR) and citizenship in Australia they why it should be hard for australian citizens to get Greencard in USA ?

The only way to do this is we can join American Australian Association and encourage more people ....

Reply me back ... i will share my email and communicate ...

We have to do something about it or else we will never get greencard

[/QUOTE]

Please find the link here. Also let me know if GC process becomes simpler now.

https://www.quora.com/How-does-the-latest-changes-by-DHS-impact-E3-visa

- - - Updated - - -

Hello All,

Does anyone know if the proposed changes about 'dual intent' of E-3 visa get approved or implemented ?

http://blogs.***.com/entry.php?8544-...H-1B1-CW-1-E-3


The USCIS has proposed regulations that will allow H-1B1, CW-1, and E-3 visa holders to have dual intent. The proposed regulation will also grant extended work authorization to these visa status holders who timely file their visa status extension petitions. These changes will bring these three categories into harmony with similar employment-based visa status programs, such as the H-1B and the L-1.

Allowing dual intent will remove an unnecessary legal headache when these visa status holders apply for permanent residency. Currently, H-1B1, CW-1 and E-3 visa status holders must be extremely careful when preparing their green card petitions or risk running afoul of the immigrant intent rule. Strictly speaking, these visa status holders cannot intend to file for US Permanent Residency.

Granting extended work authorization is also a welcome for these visa status holders. Under the current interpretation these workers were forced to stop working unless their visa status extension was approved prior to the expiration of the initial visa status. When the new rule is finalized, those in H-1B1, CW-1, and E-3 visa status will be allowed to work during the pendency of their visa status extension petition, even if the extension petition is not approved before the expiration of the prior status. This work authorization is for 240 days, per 8 CFR 274a.12(b)(20).

These visa categories were all established in the mid-2000s. The H-1B1 provides an H-1B-like visa status for Singaporean and Chilean nationals. The E-3 functions similarly for Australian nationals. These visas were approved by Congress when trade deals were struck with these three countries. The advantage of these visas is that they are not subject to the H-1B cap. There are quotas for these categories, although none of the quotas have veer been reached.

The CW-1 is transitional visa used for foreign nationals seeking to enter the Commonwealth of the Northern Marianas Islands. The CW-1 visa was set to sunset in 2014, but recent legislation extends the transitional visa until December 31, 2019.

Healthcare workers who work in occupations that require at least a Bachelor degree may qualify for these visas. Typically we see these visas used by Physical Therapists, Occupational Therapists, Doctors, Pharmacists, and Speech Language Pathologists.

https://www.quora.com/How-does-the-latest-changes-by-DHS-impact-E3-visa

Please verify. This is not a legal opinion.

[Boonta]

do these changes allow for e-3 visa dual intent?

[willzou]

I also want to know the update

Hi ,

I m an Indian origin Australian citizen working on USA on E3 since 2008. i know that E3 is not a dual intent and can not apply for Green Card (especially Indian origin) as it takes years to get GC. but last year or before that i heard that there is a proposal of making some changes in E3 visa which are listed below. the final point is talking about making E3 as dual intent as H1b and L-1.

Does anyone has any idea about these changes? if approved when will it come to effect ?


1. This proposed rule will be officially published in the federal register on Monday, 05/12/2014, but here is the advance copy readers can read ahead of time. This proposed rule will be published with the 60-day comment period beginning from May 12, 2014. Following is the summary:
2. H-1B1 and principal E-3 nonimmigrants are allowed to work without having to separately apply to DHS for employment authorization.
3. Pending extension application for H-1B1 or principal E-3 nonimmigrant, employment will be automatically extended for 240 days beyond the initial admission period (just like H-1B nonimmigrants).
4. The same will apply to CW-1 nonimmigrants.
5. The filing procedure for H-1B1 and E-3 petition or extension petition will be same with other employment-based nonimmigrant visas. Currently, there are special procedures in place for H-1B1 and E-3 as opposed to, for instance, H-1B. This change will probably add the benefits of dual intent which has been available for H-1B and L-1 nonimmigrants.

please share your thought on this,