1. November 2006 The E-3 Visa for Australians

2. Copyright © 2005 by Fragomen Australia© 2005 Fragomen, Del Rey, Bernsen & Loewy, LLP 2 Well Done Australia! Created in May 2005 Redemption from failure to obtain travel concessions in FTA 2,000 used in FY 2006

3. Copyright © 2005 by Fragomen Australia© 2005 Fragomen, Del Rey, Bernsen & Loewy, LLP 3 Advantages: 10,500 10,500 visas available solely to Australian nationals Spouses and dependents of primary beneficiary not included in 10,500 Australians still eligible to apply for other nonimmigrant visa categories (E-2, O, L, J, H-1B)

4. Copyright © 2005 by Fragomen Australia© 2005 Fragomen, Del Rey, Bernsen & Loewy, LLP 4 Advantages: Not Subject to H-1B Cap Currently, temporary professional worker (H-1B) category subject to worldwide “cap” of 65,000 20,000 additional H-1B numbers available to those with US master’s degrees or higher FY 2006 Cap reached before first day of availability (1 st of October) Cap was reached in May for this fiscal year

5. Copyright © 2005 by Fragomen Australia© 2005 Fragomen, Del Rey, Bernsen & Loewy, LLP 5 Advantages: Spouses Eligible for Work Authorization After entry into US, spouse may submit Application for Employment Authorization Document by mail Generally takes 90 Days for approval Work authorization granted for a period of up to 2 years Spouse eligible to work for ANY US employer Spouse cannot work until receive EAD Spouse need not be Australian Work Authorization currently permitted only for spouses of Intra- company Transferee (L) and Treaty Trader/Investor (E) primary beneficiaries Spouses of H-1B visa holders not eligible

6. Copyright © 2005 by Fragomen Australia© 2005 Fragomen, Del Rey, Bernsen & Loewy, LLP 6 “De Facto” Relationships Not Recognized by US Immigration Law “Partner” may apply for Temporary Visitor Visa: B-2 Valid for same length of time as primary beneficiary Does not include work rights

7. Copyright © 2005 by Fragomen Australia© 2005 Fragomen, Del Rey, Bernsen & Loewy, LLP 7 Advantages: Renew Indefinitely Valid for 2 year periods No foreign residence requirement Unlike L-1 visa valid for 5-7 years or H-1B valid for 6 years

8. Copyright © 2005 by Fragomen Australia© 2005 Fragomen, Del Rey, Bernsen & Loewy, LLP 8 Advantages: No Advance Petition Approval Required Avoid processing delay of 3-4 months to gain approval notice or pay USD 1,000 to premium process in 2-3 weeks. Unlike Temporary Professional Worker (H1B) or Intra-company Transferee (L), US employer not required to submit visa petition on behalf of employee to US Citizenship and Immigration Services

9. Copyright © 2005 by Fragomen Australia© 2005 Fragomen, Del Rey, Bernsen & Loewy, LLP 9 “Specialty Occupation” similar to Temporary Worker (H-1B) Definition For “professional” job or “specialty occupation” being filled by “professionally qualified” worker “Specialty Occupation” = one requiring a theoretical or practical application of a body of specialized knowledge and the attainment of a bachelor’s or higher degree Entry level education requires a bachelor’s degree or equivalent in a relevant field Must have job offer in the field No education and training fee ($1500) or anti- fraud fee ($500) as for H-1B

10. Copyright © 2005 by Fragomen Australia© 2005 Fragomen, Del Rey, Bernsen & Loewy, LLP 10 Employee’s Qualifications Worker must possess appropriate tertiary qualifications - typically Bachelor’s Degree or equivalent Foreign Degrees assessed by educational evaluation service Worker must possess appropriate degree or equivalent –3 years experience equivalent to 1 year college. –Must obtain experience evaluations –Important to present well documented case if relying on work experience Must have license if position requires license (e.g. attorney, architect, accountant, teacher)

11. Copyright © 2005 by Fragomen Australia© 2005 Fragomen, Del Rey, Bernsen & Loewy, LLP 11 US Employer Must Secure Labor Condition Application from US Labor Dept. Attest to payment of 100% of prevailing wage for same job in geographical area Post position and salary in publicly accessible place Maintain public inspection file Penalties for non-compliance (assessment of back wages, civil fines, debarment from filing LCAs for 1-3 years)

12. Copyright © 2005 by Fragomen Australia© 2005 Fragomen, Del Rey, Bernsen & Loewy, LLP 12 E-3 Visa Processed Directly at US Consulate US employer first obtains LCA from Labor Dept Employee applies directly at US Consular post in Australia – Sydney, Melbourne, or Perth. Fragomen can assist with consular processing in AU, London, and Canada (have four offices in AU and office in London) Some have been successful in the Bahamas Time depends on Consulate Advance planning required due to backlogs at Consulates – Fragomen may be able to obtain expedited appointments

13. Copyright © 2005 by Fragomen Australia© 2005 Fragomen, Del Rey, Bernsen & Loewy, LLP 13 Change of Status Available in US Those in US may change status from another non-immigrant category to E-3 Generally takes 4-5 months Premium processing not yet available May not change status if entered on Visa Waiver If leave US and seek to reenter, need to obtain new visa at US consular post.

14. Copyright © 2005 by Fragomen Australia© 2005 Fragomen, Del Rey, Bernsen & Loewy, LLP 14 E-3 Issues Consular processing can be subjective Relevance of degree to position Credentials evaluations based on work experience are closely scrutinized Ties to Australia Multiple visa waiver entries for long periods of time Employer Obligations: prevailing wage, LCA public inspection file

15. Copyright © 2005 by Fragomen Australia© 2005 Fragomen, Del Rey, Bernsen & Loewy, LLP 15 Officers at US entry points Determine non-USC are not excludable (ineligible for admission on statutory ground) Ascertain non-USC intends to engage in an activity consistent with a particular visa category at issue Control terms of admission to US (category and length of stay) Admitted for 2 years on each E-3 entry — however must ensure LCA is still valid – maximum validity is 2 years

16. Copyright © 2005 by Fragomen Australia© 2005 Fragomen, Del Rey, Bernsen & Loewy, LLP 16 Social Security Cards Apply at local social security office after entering US Application available at www.ssa.gov Wait one week to 10 days after entering to apply so that I-94 entry clears the system Because category is new, officers at POE sometimes do not code it properly, creating delays

17. Copyright © 2005 by Fragomen Australia© 2005 Fragomen, Del Rey, Bernsen & Loewy, LLP 17 Frequently Asked Questions Renewing the E-3 Visa – renewable indefinitely Working for multiple employers (2 part-time employers) Part-time work – must show ability to support oneself No self-employment Changing E-3 employers – new employer must sponsor new E-3 (no portability)

18. Copyright © 2005 by Fragomen Australia© 2005 Fragomen, Del Rey, Bernsen & Loewy, LLP 18 Dual Intent & The Green Card No dual intent provision Unclear how USCIS will treat E-3 Applications for Adjustment of Status Advance parole would be required to travel

19. Copyright © 2005 by Fragomen Australia© 2005 Fragomen, Del Rey, Bernsen & Loewy, LLP 19 E-3 Process Must have job offer Contact Fragomen for consultation Schedule E-3 interview appointment or have Fragomen schedule Provide requested documents to Fragomen Fragomen prepares LCA and public inspection file Fragomen prepares application packet and sends to applicant

20. Contact Sharon Press Associate Fragomen, Del Rey, Bernsen & Loewy, LLP 515 Madison Avenue New York, NY 10022 Phone: (212) 909-4128 Email: spress@fragomen.com www.fragomen.com