I've already fielded enquiries from two people who have found my blog via
Google, and given the 10,500 visas a year being issued, there's only going
to be more, so in the interests of not spending too much time answering
questions individually, I'm going to write a detailed account of things.
Disclaimer:
This article is not a replacement for doing your own homework. I expressly
disclaim any responsibility for you getting your visa application denied,
being cavity searched when you attempt to enter the US, or being sent to
Guantanamo Bay. In particular, this information is subject to change, and as
I'm not applying for a new visa every day, I'm not going to know about the
changes. If you find something here that is blatantly wrong, or out of date,
please let me know, but at the moment, I'm writing about my
experiences. I'm undecided about maintaining a website devoted to capturing
the state of the art in E-3 visa applications. If in doubt, spend the money
(and I do mean spend, it's not a cheap phone call) and call the information
line - 1902 941 641 - to speak to a human being, and ask all the questions.
Resources
What's the process?
Your potential employer (sponsor) needs to file a Labor Condition
Application (see the form
here).
At present, this form hasn't been brought up to date with respect to E-3
visas, it's the same form used for H1-B visas. Your employer needs to have
written at the top of each page "E-3 - Australia - to be processed".
This bit of handwriting is apparently key.
You need to have the signed LCA in your hot little hand before you roll up
at the US Consulate to apply for your visa. As for how long these take to be
processed by the Department of Labor, the
FAQ says
a week for postal applications. From my experience, and the experience of a
couple of other people I've spoken to, it takes anything up to about four
weeks. Generally speaking, you do not have to concern yourself with the LCA
process, unless for some reason, you're sweating on the LCA so you can apply
for your visa. My personal opinion is that the whole process is so long,
bureaucratic and unpredictable, that you really don't want to be making any
firm plans based on any assumptions on when you think anything is going to
happen. Start your planning from when you have been issued your visa, not
when you expect you will be issued your visa.
Once the LCA has been issued, your sponsor will send it to you along with a
wad of paperwork, most of which you just take with you to the consulate. You
can make an appointment online. Paperwork-wise, you need to take a completed
DS-156 and a DS-157 if you are male between 16 and 45. These forms are
available
here. You can
make an appointment online, the links to make an appointment at each of the
US Consulates are also
here. I found
that the lead time to an appointment was around a month, so if you know the
LCA application has been made, you can probably make the booking at the
Consulate, so as to try and parallelise things a little bit.
What do you need to take to the interview?
You need to take your completed DS-156 and DS-157 forms. You need one for
each person. So if you are the principal (i.e. the person being hired), you
need a DS-156 for yourself, and your spouse, and whichever of you is male
needs a DS-157. Bring the sponsor's offer letter too.
You need a receipt for a non-refundable visa application fee. You need one
receipt per person applying for a visa. You get these receipts by paying
$130 per person at any Australia Post outlet.
As the visa is non-immigrant, you need to be able show some sort of ongoing
connection with Australia. If you own property here, and are planning to
continue owning it while in the US, bring a rates notice. I don't know what
else is useful to demonstrate an ongoing connection.
Also bring a bank statement, as you need to demonstrate an ability to
support yourself while in the US.
Bring birth certificates and marriage certificates. Also bring a copy of
your University transcript, and any assessments that your employer may have
had done that state that you hold the equivalent of a US degree. I'm not
sure how hard and fast the whole degree thing is. I have an incomplete
degree and about 10 years of work experience. This was sufficient. I don't
know how you'd go with absolutely no degree and lots of work experience.
Finally, you need to bring two US-sized passport photos. These are 5cm x
5cm, which are not what your average passport photo is like if you go
somewhere and ask for a passport photo.
Processing takes about 3 days, although you get an indication on the day as
to whether you are successful or not. If you don't want to come back to
collect your passport with the visa in it, you need to leave sufficient
stamped, self-addressed envelopes so that the Consulate can mail the
passports back to you. It's a bit hazy as to what constitutes 3 days, but
assume 3 full working days, plus whatever time it takes for the postage, so
up to 5 working days.
Good luck with your visa application. Let me know how it goes, and if this
has been of assistance.
