ronnie3960

> Ronnie, I filed my LCA just under 2 weeks ago and just got my lawyer
> to check with the DOL today regarding your post. He spoke with the
> manager of the DOL unit that issues the LCA for E-3 cases and was told
> that the processing time is 7 - 10 days. He said that after 2 weeks if
> we haven't received the approved LCA, we can call in to complete a
> status check.
>
> It seems like there is a lot of confusion regarding these visas and I
> am not sure what info is right. My lawyer will be calling on Friday if
> I haven't received the LCA by then and I will post the info back here.
>
> Nick

Thanx for ur information Nick. I will ask my employer to check it once
again with DOL.

aviezer

> Well thats my point...If cafa and I are both in the Refused column,
> and we both got our visas after those figures were published then
> maybe Australia hasn't got such a "raw deal" as thething suggests.

Refused (or rather called "denial") is in the event that rather than
telling you at the end of the interview "the visa will be issued in X
days", they give you back your passport with a stamp in the last (empty)
page "U.S consulate XXXX applied 10/XX/2005"
You also receive a letter saying why you were refused.
It can either be 214(b) which is immigrant intent (then you are a little
screwed) or 221(g) which is denial pending on documentation.
I got the 1st time 221(g) on 28/9, so this would meen I am one of those
16 denials (although now I already have the E-3 approved).
So if thesonofdad and Collin (cafa123) also received 221(g), we've
already found 3 of the 16 refused , who all got the visa 2nd time
around. A bit of a run around but not the end of the world.

aviezer

> I've read online about a couple of people getting E3's. There is a
> disturbing report at http://travel.state.gov/pdf/fy%202005%20niv%20wo-
> rkload%20by%20category.pdf which shows Dept State has approved 4 and
> rejected 16 E3's so far this year! If they really intend to reject
> this many E3's then Australia got a raw deal.
>
> The other issue with E3 is no 'dual intent'. Some attorneys are saying
> E3 is not dual intent, others are saying it is unknown. If you have
> ever applied for a green card or labor certification, technically this
> could be a problem.
>
> Does anyone know if you can file for concurrent E3's like you can H1?
> i.e. hold two E3's for two different jobs?

If you look at the H1B's in the report 1 out of 7 is refused. In the
H1B1 (Singapore/Chille) only 1 out of 12 were refused.
My guess is that the E-3 will have atleast the H1B1 ratio. The initial
denials are mainly to the mixup at the consulates as to what documents
are exactly required (mainly LCA).





Legaly, E3 is not a 'dual intent' visa.
Having said that note however, the law says the following:
"An applicant for an E visa need not establish intent to proceed to the
United States for a specific temporary period of time. Nor does an
applicant for an E visa need to have a residence in a foreign country
which the applicant does not intend to abandon. The alien may sell his
or her residence and move all household effects to the U.S. The
alien’s expression of an unequivocal intent to return when the E
status ends is normally sufficient, in the absence of specific
indications of evidence that the alien’s intent is to the contrary"

So there is a bit of confusion in this area. You cannot immigrate but
can come for a non-specific temporary period of time, provided you are
not out-of-status.

cafa123

> If you look at the H1B's in the report 1 out of 7 is refused. In the
> H1B1 (Singapore/Chille) only 1 out of 12 were refused.
> My guess is that the E-3 will have atleast the H1B1 ratio. The initial
> denials are mainly to the mixup at the consulates as to what documents
> are exactly required (mainly LCA).
>
>
>
>
>
> Legaly, E3 is not a 'dual intent' visa.
> Having said that note however, the law says the following:
> "An applicant for an E visa need not establish intent to proceed to
> the United States for a specific temporary period of time. Nor does an
> applicant for an E visa need to have a residence in a foreign country
> which the applicant does not intend to abandon. The alien may sell his
> or her residence and move all household effects to the U.S. The
> alien’s expression of an unequivocal intent to return when the E
> status ends is normally sufficient, in the absence of specific
> indications of evidence that the alien’s intent is to the contrary"
>
> So there is a bit of confusion in this area. You cannot immigrate but
> can come for a non-specific temporary period of time, provided you are
> not out-of-status.

Just picked up my passport with the E3 visa - it is designated E3D. I
assume for dependant. Expiry date is 2 years and it is annotated with my
wife's name.

It would be interesting if the Control Number or the red printed number
mean anything. If the others that have a visa want to compare....

Colin.

thething

> Well thats my point...If cafa and I are both in the Refused column,
> and we both got our visas after those figures were published then
> maybe Australia hasn't got such a "raw deal" as thething suggests.

I agree that the high refusal rate is probably just teething troubles
with the E3 visas and the Dept State system, and a case of the left hand
not knowing what the right is doing.

But on the other hand, US govt agencies like the USCIS will often take
the most strict interpretation possible on any new visas. A good example
is the fairly liberal AC21 act passed in 2000 which they have yet to
issue any regulations on. Luckily the E3 allows us to bypass USCIS
completely which is a good thing. The Dept State has always been a bit
more flexible.

I am still concerned about the dual intent thing. A previous employer of
mine applied for labor certification three years ago. It's stuck in a
backlog somewhere and completely useless to me, but it would suck if it
became the reason I got rejected for an E3.

kwirkee76

> I agree that the high refusal rate is probably just teething troubles
> with the E3 visas and the Dept State system, and a case of the left
> hand not knowing what the right is doing.
>
> But on the other hand, US govt agencies like the USCIS will often take
> the most strict interpretation possible on any new visas. A good
> example is the fairly liberal AC21 act passed in 2000 which they have
> yet to issue any regulations on. Luckily the E3 allows us to bypass
> USCIS completely which is a good thing. The Dept State has always been
> a bit more flexible.
>
> I am still concerned about the dual intent thing. A previous employer
> of mine applied for labor certification three years ago. It's stuck in
> a backlog somewhere and completely useless to me, but it would suck if
> it became the reason I got rejected for an E3.

Hi,


My employer applied for the labor cert through the new PERM system and
now I'm stuck in backlog too ... can't change status for about 4
years!!! I hope it doesn't affect my chances of getting an E3 visa too.

Just wondering, does anyone know how much a lawyer should be charging to
help one get an E3 visa? I heard it's a lot cheaper and easier than the
H1B .. yippee.

aviezer

> Hi,
>
>
> My employer applied for the labor cert through the new PERM system
> and now I'm stuck in backlog too ... can't change status for about
> 4 years!!! I hope it doesn't affect my chances of getting an E3
> visa too.
>
> Just wondering, does anyone know how much a lawyer should be charging
> to help one get an E3 visa? I heard it's a lot cheaper and easier
> than the H1B .. yippee.

If you feel you can't do it on your own, by all means take a lawyer.
However, note that you don't really need a lawyer for the E-3 as there
are no issues with USCIS (I did it on my own).
If you are Australian, qualified for H1B, have an LCA and a job offer
you should be fine.

kwirkee76

> If you feel you can't do it on your own, by all means take a lawyer.
> However, note that you don't really need a lawyer for the E-3 as there
> are no issues with USCIS (I did it on my own).
> If you are Australian, qualified for H1B, have an LCA and a job offer
> you should be fine.

I had a H2B visa previously and my lawyer made it seem like I might not
be qualified for the H1B. Then she changed her mind and said I might be
qualified because someone else in my field was able to get the H1B.
Needless to say, I'm worried about doing something wrong inadvertently
and detrimentally affecting my chances of staying in the US. My
ultimate goal is to get a greencard but *shhhhh* don't tell those who
aren't supposed to know. lol

How did you get your LCA? Did you have a lawyer get your H1B?

aviezer

> I had a H2B visa previously and my lawyer made it seem like I might
> not be qualified for the H1B. Then she changed her mind and said I
> might be qualified because someone else in my field was able to get
> the H1B. Needless to say, I'm worried about doing something wrong
> inadvertently and detrimentally affecting my chances of staying in the
> US. My ultimate goal is to get a greencard but *shhhhh* don't tell
> those who aren't supposed to know. lol
>
> How did you get your LCA? Did you have a lawyer get your H1B?

Never applied for an H1B.
I had my employer fill in the LCA for the E-3 (I gave him the DOL
instructions).
No lawyers involved.

cafa123

> Never applied for an H1B.
> I had my employer fill in the LCA for the E-3 (I gave him the DOL
> instructions).
> No lawyers involved.

We applied for an L1 and E3 at the same time and got both LCAs - no
problems in the end.