OZAmy

> [quote=ronnie3960]Hi
> Is there anyone who got E-3 visa approved and stamped in his/her
> passport ? If yes..can u please give the details of the interview
> questions with the US consulate officer.
>
> I went to an interview in a consulate in Europe, after arranging it on
> the web. However, when I arrived they didn't like the fact that I came
> to a country where I do not reside.
> After a 15 min intervue they sent me with a list of additional
> document they require for the issuance of the visa.
> The things they required are as follows:
>
> 1. Original labor certification – the problem is I never got it was
> faxed by the National office and my prospective employer re-signed
> the fax this was not sufficient.
> 2. Documents on company in the U.S.
> 3. Evidence on prior employment – I can easily supply this but
> didn’t have it with me as I didn’t think this would be
> relevant.
> 4. Original U.S. Education documents – I presented a photo copy of a
> U.S. certificate and offered that he check online with the state
> board that I am registered, in addition I also presented a B.A. and
> a Master’s degree from a foriegn country – but he insisted –
> again, I can easily supply this but didn’t have it with me as I
> didn’t think this would be necessary due to the fact that I had
> other university degrees with me.
> 5. Evidence of continuing employment when the job in the U.S ends.
>
> People applying in Canada should e aware that they might find
> themselves in a similar situation.
>
> I now have schedualed an interview in 10 days in my home country, and
> hope this time it will work.

What dose " continuing employment " mean? with the prior employer in
Australia? Confussed...
Thank you for reply.

OZAmy

> Has anyone applied for and received the certified LCA from the
> Department of Labor? If so please post the date that it was sent and
> date received.
> I am waiting to get the cert. LCA back from DOL, tracking info showed
> that they received it on 9/26
>
> Someone here mentioned that previous employment has to be in
> Australia, where did you hear/read this from? Non of the E3
> requirements I've read so far mentioned this.

Neither did I, but when I read from others' posts here that shows the
requirements as such:

7. Proof of ties with Australia which includes house, Family, Car,
business etc.
8. Evidence of continuing employment when the job in the U.S ends.

I start wondering.... It seems more strict than it should be.

Kevin Keane (see Web site for email)

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aviezer wrote:

>
>> Hi
>> Is there anyone who got E-3 visa approved and stamped in his/her
>> passport ? If yes..can u please give the details of the interview
>> questions with the US consulate officer.
>>
>> Thanx
>
> [quote=ronnie3960]Hi
> Is there anyone who got E-3 visa approved and stamped in his/her
> passport ? If yes..can u please give the details of the interview
> questions with the US consulate officer.
>
> I went to an interview in a consulate in Europe, after arranging it on
> the web. However, when I arrived they didn't like the fact that I came
> to a country where I do not reside.
> After a 15 min intervue they sent me with a list of additional document
> they require for the issuance of the visa.
> The things they required are as follows:
>
> 1. Original labor certification – the problem is I never got it was
> faxed by the National office and my prospective employer re-signed
> the fax this was not sufficient.

Not "Labor Certification" but "Labor Condition Attestation". The problem
with the E-3 is that the regular electronically filed LCA is *not*
acceptable. Only one filed on paper is.

> 2. Documents on company in the U.S.
> 3. Evidence on prior employment – I can easily supply this but
> didn’t have it with me as I didn’t think this would be relevant.
> 4. Original U.S. Education documents – I presented a photo copy of a
> U.S. certificate and offered that he check online with the state
> board that I am registered, in addition I also presented a B.A. and a
> Master’s degree from a foriegn country – but he insisted –
> again, I can easily supply this but didn’t have it with me as I
> didn’t think this would be necessary due to the fact that I had
> other university degrees with me.
> 5. Evidence of continuing employment when the job in the U.S ends.
>
> People applying in Canada should e aware that they might find themselves
> in a similar situation.
>
> I now have schedualed an interview in 10 days in my home country, and
> hope this time it will work.

Most of the same questions will also apply in Australia.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Kevin Keane (see Web site for email)

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ronnie3960 wrote:

> Thanx for ur information. I have aleady booked an interview at Calgary
> office .....but i might cancel it now and fly back to Australia. But i
> couldnt understand the "evidence of continuing employment when the job
> in the US ends". Can anyone explain that and tell us how it is relevant
> to this visa.

E-3 is a non-immigrant category. That means that you must have evidence that
you will return to Australia eventually, rather than apply for a Green Card
in the USA. H-1B is special, since it does allow immigration intent - but
E-3 doesn't.

Thus the requirement to prove that you have some good reason to return to
Australia when the term ends.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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aviezer

> What dose " continuing employment " mean? with the prior employer in
> Australia? Confussed...
> Thank you for reply.

I was confused too when the consular officer requested this and asked
him your exact question. His answer was "it does not have to be the same
employer" In any case I don't know if all consular officers will be so
strict, I hope not.
In any case, for my interview next week I will be comming with proof of
continuing employment.

aviezer

> Neither did I, but when I read from others' posts here that shows the
> requirements as such:
>
> 7. Proof of ties with Australia which includes house, Family, Car,
> business etc.
> 5. Evidence of continuing employment when the job in the U.S ends.
>
> I start wondering.... It seems more strict than it should be.

All applicants should note the following copied from the U.S. foriegn
Affairs notes:
9 FAM 41.51 N15 Intent to Depart Upon Termination of
Status
(TL: VISA-404; 04-29-2002)
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. If
there are such objective indications, inquiry is justified to assess the
applicant’s true intent. As discussed in 9 FAM 41.54 N4, an applicant
might be a beneficiary of an immigrant visa petition filed on his or her
behalf. However, the alien might satisfy the consular officer that his
and/or her intent is to depart the United States upon termination of
status, and not stay in the United States to adjust status or otherwise
remain in the United States regardless of legality of status.


This means the consular officer may not request that you maintain a
residence in Australia (or any other country).
Having said that, maintaining a residence outside the U.S. may assist
in proving the temporariness of your stay in the U.S. as required by
the E visas.

aviezer

> Has anyone applied for and received the certified LCA from the
> Department of Labor? If so please post the date that it was sent and
> date received.
> I am waiting to get the cert. LCA back from DOL, tracking info showed
> that they received it on 9/26
>
> Someone here mentioned that previous employment has to be in
> Australia, where did you hear/read this from? Non of the E3
> requirements I've read so far mentioned this.

1. I got my LCA faxed to me on 9/21, I have asked for the original to be
mailed to me - still waiting.
2. The previous employment is not an official requirement for the E-3
visa and it definitely does not have to be Australian experience. I
was requested to demonstrate that I was working in order to prove
false the consoler’s ridiculous allegations as if I have already
been living in the U.S. for the past few years. The allegations came
due to the fact that I had many entries to the U.S. (usually short 1
week business trips) during the past 5 years.
Bare in mind that I applied in a country that was not my home country
(tried to save time) so this made the consular very suspicious from
the beginning. He failed to believe the truth that I applied at his
post because there was no waiting time for the interview there.

aviezer

> Thanx for ur information. I have aleady booked an interview at Calgary
> office .....but i might cancel it now and fly back to Australia. But i
> couldnt understand the "evidence of continuing employment when the
> job in the US ends". Can anyone explain that and tell us how it is
> relevant to this visa.
> Thanx

Thanx for ur information. I have aleady booked an interview at Calgary
office .....but i might cancel it now and fly back to Australia. But i
couldnt understand the "evidence of continuing employment when the job
in the US ends". Can anyone explain that and tell us how it is relevant
to this visa.
Thanx[/quote]

Your chances on getting the visa are probably better in Austalia. If you
do want to try in Canada maybe wait to hear from someone that actually
succeeded in Canada.
However, if you've been out of Australia for a long time you might have
trouble showing strong ties in any consulate.

OZAmy

> I was confused too when the consular officer requested this and asked
> him your exact question. His answer was "it does not have to be the
> same employer" In any case I don't know if all consular officers will
> be so strict, I hope not.
> In any case, for my interview next week I will be comming with proof
> of continuing employment.

Is the proof of continuing employment from an employer in Australia ?
It's going to be tough for the people already work in US to provide such
proof.
Anyone has the idea of when the US gov will have the regulation on
"change of status to E3" in US?

dash77

> Is the proof of continuing employment from an employer in Australia ?
> It's going to be tough for the people already work in US to provide
> such proof.
> Anyone has the idea of when the US gov will have the regulation on
> "change of status to E3" in US?

I have my green card now, so this doesn't directly affect me--however,
this requirement that E-3 applicants show ties to Australia doesn't seem
right to me. Except where otherwise specifically provided, general law
for E visas applies to E-3 applicants, and as other posters have
correctly noted, an E visa applicant in general does not need to show
ties abroad to get their visa. The E-3 also draws on elements on the
H-1B visa program (because of the need for a specialty occupation and
LCA approval) and the TN program (because it is a country-specific
visa). However, neither the H-1B visa nor TN status require that the
applicant show ties abroad, so there is no precedent with either of
those visas to require showing ties abroad. Simply put, there is no
basis at all for this requirement.

So I expect that a lot of these teething pains with this new visa
category and this bogus requirement for Australian ties will go away
after suitable pressure from applicants, lawyers, and employers.

However, having said that, it must be added that this visa is very new.
And applying from a third country for a country-specific visa is always
dicey. Expecting that a US consulate in Europe will know much about
these visas is asking a lot, especially so early in the process.

Additionally, in the non-dual intent categories (such as E and TN), the
consulate can refuse the visa if there is specific evidence that the
person intends to stay in the US permanently. In these categories, the
burden of proof is to some degree on the consulate (not the applicant)
to prove the person has immigrant intent, but certainly if the person
had already filed for their green card, the visa can be denied. An
argument could be made that if someone turns up at a European consulate
asking for a US visa, they've already shown they've effectively
abandoned Australia--so the burden of proof then switches back to the
applicant to refute the claim they've abandoned Australia. So there is
probably some legal basis for treating applications in Europe more
suspiciously.

I think the bottom line is that a lot of these problems will probably go
away soon. But I think common sense dictates that the consulates in
Australia will be the first ones to get it right, then probably Toronto
(because they are used to people flying up from the US to get visas),
then the rest of the world eventually but they will lag behind.