The E-3 vs. the H-1b Visa: The Australian Advantage
The US and Australia have a treaty that, among other things, permits Australians to work in the US on an E-3 employment visa. Just like an H-1b visa, the beneficiary still needs a US company sponsor, the job must be a specialty occupation and the company must pay prevailing wage.
The US and Australia have a treaty that, among other things, permits Australians to work in the US on an E-3 employment visa. Just like an H-1b visa, the beneficiary still needs a US company sponsor, the job must be a specialty occupation and the company must pay prevailing wage. However, the E-3 has several advantages over its H-1b cousin:
It is effectively always available. There is a cap, but it has never been close to being reached. So Australians can apply anytime, there is no H-1b style lottery.
The beneficiary can apply at the consulate. A petition with USCIS is not required, which saves time and money. (You do still need to file an LCA with the Department of Labor.)
There is no maximum stay on an E-3. H-1b holders are limited to six years total. While an E-3 approval is good for two years, there is no limit on the number of extensions you can file. Extensions can be filed in the US through USCIS or by a return visit to the consulate. (Although at some point, the officer may question the beneficiary's required nonimmigrant intent.)
The spouse can work. After entering on an E-3 dependent visa, the spouse can apply for general work authorization. This is a major benefit to your employee.
So, is there ever a reason to file for an H-1b for an Australian? Sometimes, if the company is planning on sponsoring a green card. An H-1b is a dual intent visa and allows for international travel during a short time during the green card process when an E-3 visa holder could not leave the US. Each H-1b is good for three years rather than two, which means less frequent renewals. But these small advantages are often outweighed by the benefits of the E-3 visa.
What to know more about how to hire an Australian citizen? Contact us at 415-496-9040 or theteam@huwelaw.com for a Free Employer Consultation.
H-1b Basics for Prospective Employees
H-1b season is coming! If you are a prospective employee, here is what you need to know:
H-1b season is coming! If you are a prospective employee, here is what you need to know:
1. You need a U.S. company sponsor. Every H-1b petition must be filed by a U.S. company with a Federal Employer Identification Number (FEIN). That employer is committing to a specific prevailing wage as set by the Department of Labor (DOL).
2. There are a limited number of new H-1b visas issued each year. USCIS accepts petitions only during the first week of April. Less than half are selected for further consideration through a random lottery system.
3. The job must require a minimum of a U.S. bachelor's degree in a specific field. The beneficiary must also possess the equivalent of a U.S. bachelor's degree, but the key is that the job itself must require a degree. This is determined by the complexity of the job duties, past case law, and the strength of your attorney's advocacy.
4. The employer must pay prevailing wage. Prevailing wage is determined by the DOL based on the Standard Occupational Classification (SOC) Code and location of the worksite. Similar SOC codes can have different prevailing wages, even within the same city.
5. An H-1b transfer is just a cap exempt new H-1b petition. The current administration gives no deference to prior H-1b petition approvals. Each petition stands alone on its own merits.
Want to know more? Need other options? Contact us at theteam@huwelaw.com or 415-496-9040 today.
Can you apply for a green card next month? Check the December Visa Bulletin!
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for December 2019 to see if your priority date will be current next month.
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in December.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application?
Contact us at theteam@huwelaw.com or 415-496-9040 today.
A Petition for Alien Relative Can Now be Filed Online
USCIS announced last week that petitioners can now file a Petition for Alien Relative (the first step in sponsoring a relative for a "green card") online.
This is significant for cases where the green card process needs to be done in two steps, and may help to avoid government errors and to decrease wait times.
Please contact us at theteam@huwelaw.com or 415-496-9040 to learn more about green card sponsorship.
TPS Extended for El Salvador through January 4, 2021
The Trump administration has announced that it is extending the validity of TPS work permits for Salvadorans with TPS through January 4, 2021. In addition, it will provide Salvadorans with TPS "an additional 365 days after the conclusion of TPS-related lawsuits to repatriate to their home country."
Do you have TPS? Find out whether you are eligible to apply to adjust status (apply for your "green card"). Contact us today at theteam@huwelaw.com or 415-413-8760.
