Securing a work visa to the United States from Australia can open up a world of professional opportunities. The process, while complex, is manageable with the right knowledge and preparation. This guide will walk you through the various types of work visas available, the eligibility criteria, and the step – by – step application process.
Types of US Work Visas Relevant to Australians
E3 Visa
The E3 visa is a unique work visa created specifically for Australian citizens. It is designed for high – skilled professionals and has the following characteristics:
Eligibility Criteria:
Nationality: You must be an Australian citizen. Permanent residents of Australia are not eligible.
Job Offer: Have a job offer from a US employer in a specialty occupation. A specialty occupation is one that requires theoretical and practical application of a body of highly specialized knowledge, and the attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States. In some cases, if you have at least 10 years of work experience in a particular field, it can substitute for part of the educational requirement.
Licenses: If the occupation requires a specific license, you must possess the relevant qualification.
Visa Details:
Duration: The initial E3 visa is valid for up to 24 months. It can be renewed indefinitely as long as you meet the eligibility requirements.
Quota: There are 10,500 E3 visas available each year. However, in practice, the demand for these visas is often lower than the supply, so the quota is rarely an issue.
Dependent Visas: Spouses and unmarried children under 21 of E3 visa holders can apply for E3D visas. Spouses of E3 visa holders can also apply for work authorization in the United States.
H – 1B Visa
The H – 1B visa is another common work visa option for Australians, although it is more competitive.
Eligibility Criteria:
Job Offer: The US employer must first obtain a Labor Condition Application (LCA) approved by the US Department of Labor. The job offer should be in a specialty occupation, which is similar to the definition for the E3 visa.
Educational Qualifications: You need to have a bachelor’s degree or higher in a relevant field. In some cases, a combination of education and work experience may be considered equivalent to a degree.
Employer Requirements: The employer must meet certain criteria, such as paying the prevailing wage for the position.
Visa Details:
Duration: The initial H – 1B visa is valid for up to 3 years and can be extended for an additional 3 years.
Quota: There is an annual cap on H – 1B visas. A certain number of visas are set aside for applicants with advanced degrees from US institutions, and the remaining are for all other applicants. The application process is subject to a lottery system in cases where the number of applications exceeds the quota.
Dependent Visas: Spouses and unmarried children under 21 of H – 1B visa holders can apply for H – 4 visas. However, H – 4 spouses are generally not eligible to work in the United States, with some exceptions.
L – 1 Visa
The L – 1 visa is suitable for employees who have worked for an Australian company and are being transferred to a related US company.
Eligibility Criteria:
Employment Relationship: You must have worked for a qualifying company in Australia for at least one continuous year in the past three years. The US company and the Australian company must have a qualifying relationship, such as being a parent, subsidiary, or affiliate.
Job Position: The position in the US must be in a managerial, executive, or specialized knowledge capacity.
Visa Details:
Duration: The initial L – 1 visa is valid for up to 3 years and can be extended for up to a maximum of 7 years for L – 1A (managerial/executive) visas and 5 years for L – 1B (specialized knowledge) visas.
Dependent Visas: Spouses and unmarried children under 21 of L – 1 visa holders can apply for L – 2 visas. L – 2 spouses are eligible to apply for work authorization in the United States.
Application Process for US Work Visas
Step 1: Find a US Employer
For E3, H – 1B, and L – 1 visas, having a job offer from a US employer is a crucial first step. You can search for job openings through online job platforms, professional networking sites like LinkedIn, or recruitment agencies that specialize in placing candidates in US jobs.
When applying for jobs, make sure your resume is tailored to the US job market, highlighting your relevant skills, education, and work experience.
Step 2: Employer – Sponsored Steps
E3 Visa: The US employer must file a Labor Condition Application (LCA) with the US Department of Labor. The LCA details the terms and conditions of employment, including the wage to be paid, the location of the job, and the working conditions. The employer does not need to file an I – 129 petition with the US Citizenship and Immigration Services (USCIS) for an E3 visa. The LCA filing is free, and the processing time is typically 5 – 10 business days.
H – 1B Visa: The employer must obtain a Labor Condition Application (LCA) approved by the US Department of Labor. After the LCA is approved, the employer then files an I – 129 petition on your behalf with the USCIS. The I – 129 petition fee varies, and the processing time can take several months. In some cases, premium processing can be requested for an additional fee, which typically reduces the processing time to 15 calendar days.
L – 1 Visa: The US employer must file an I – 129 petition with the USCIS. Along with the petition, the employer needs to provide evidence of the qualifying relationship between the US and Australian companies, as well as details about the employee’s position in Australia and the proposed position in the US. The I – 129 petition fee also varies, and the processing time can be several months.
Step 3: Prepare Your Application Materials
E3 Visa:
A valid passport with at least six months of validity remaining beyond your intended stay in the US.
A completed DS – 160 non – immigrant visa application form.
The E3 visa application fee of $315.
A copy of the approved Labor Condition Application (ETA 9035 form).
Proof of your educational qualifications (transcripts, degree certificates).
Evidence of your work experience (employment letters, references).
A letter of employment from your US employer, including details of the job, salary, and start date.
Any relevant professional licenses or certifications.
Documents demonstrating your intent to return to Australia after the completion of your work in the US, such as property ownership, family ties, or business interests in Australia.
H – 1B Visa:
A valid passport as described above.
A completed DS – 160 form.
The H – 1B visa application fee, which is $190. Additionally, there may be other fees depending on the employer’s size and other factors. For example, if the employer is a cap – exempt organization, there may be a different fee structure.
A copy of the approved I – 129 petition.
Educational transcripts and degree certificates.
Work experience documentation.
Professional licenses or certifications relevant to the job.
A letter from the employer explaining the nature of the job and how the applicant’s skills match the requirements.
L – 1 Visa:
A valid passport.
A completed DS – 160 form.
The L – 1 visa application fee of $190. There may also be additional fees such as a fraud detection and prevention fee for certain types of L – 1 petitions.
A copy of the approved I – 129 petition.
Evidence of your employment with the Australian company, including pay stubs, employment contracts, and performance evaluations.
Documentation of the relationship between the US and Australian companies, such as corporate filings, ownership structure, and business operation details.
Details of your proposed position in the US, including job description and responsibilities.
Step 4: Schedule and Attend the Visa Interview
For all three visa types (E3, H – 1B, and L – 1), you will need to schedule an interview at the US embassy or consulate in Australia.
When scheduling the interview, you will need to provide your DS – 160 confirmation number, your passport details, and the receipt number for the visa application fee payment.
At the interview, the consular officer will ask you questions about your job offer, your qualifications, your intention to return to Australia after your work in the US is completed, and other relevant details. Be honest, confident, and well – prepared. Bring all your original application materials with you to the interview.
Step 5: Visa Issuance and Travel
If your visa application is approved, you will be informed by the embassy or consulate. In some cases, additional administrative processing may be required, which can take longer.
Once your visa is approved, you will need to pay any applicable visa issuance fees (if not already paid). Your passport will be stamped with the visa, and you can then make arrangements to travel to the United States. You can generally enter the US up to 10 days before the start date of your employment as specified in your visa and employer’s documentation.
Conclusion
Obtaining a US work visa from Australia is a significant step in furthering your career. Whether you choose the E3 visa, designed specifically for Australians, the more competitive H – 1B visa, or the L – 1 visa for intra – company transfers, each option has its own set of requirements and processes. It’s important to start the process early, work closely with your employer, and ensure that all your application materials are accurate and complete. By following the steps outlined in this guide and seeking professional advice if needed, you can increase your chances of successfully obtaining a US work visa and embarking on an exciting new chapter in your professional life.
Related topics:
