E-3 Visas Available Now

The U.S. Department of State (DOS) issued a Final Rule effective September 2, 2005 in the Federal Register. The category has requirements with respect to the education of the beneficiary and the job duties to be performed which mirror the H1B requirements. It thus will be helpful in some situations where the H1B otherwise would be the logical category.

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Department Of State Update on Implementation of E3 Visas for Australians

Our office receives many questions about when the new E-3 visa category will become available for Australian nationals. Until the Department of State (DOS) finalizes the procedures for the issuance of E-3 visas, these visas remain unavailable. Hopefully, processing for Australians in the E-3 classification will start in the next month or so.

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The New E3 Visa for Nationals of Australia

On May 11, 2005, President Bush signed into law the Emergency Supplemental Appropriations Package (H.R. 1268). Part of the legislation contained several immigration related provisions. One of the provisions enacted by Congress created a new work visa category for Australians that in many respects will make it one of the most attractive visas in US immigration law. The new law will largely take Australians out of the H-1B quota and offer them a visa that is similar, but more flexible than the H-1B. It also incorporates some of the elements of an E treaty visa and functions as a hybrid visa that should be highly useful to Australian nationals seeking work in the US.

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