DOS Issues E-3 Eligibility Criteria Posted Oct 07, 2005 ©MurthyDotCom The U.S. Department of State (DOS) issued a list of items needed to establish eligibility for the new E-3 category for Australians. As explained in earlier articles, this category is similar, in many respects, to the H1B. See our September 9, 2003 MurthyBulletin article, DOS Issues E-3 Regulation : Australians Only, available on MurthyDotCom. The requirements listed pertain to applying for a visa at a U.S. Consulate. ©MurthyDotCom Labor Condition Application ©MurthyDotCom The documentation needed includes the certified Labor Condition Application, Form ETA 9035. This form must be mailed, not approved online, and must have a date after September 2, 2005. The DOS previously provided instructions regarding the alterations / notations that must be made to this form in order to use it for the E-3. ©MurthyDotCom Academic / Other Qualifying Credentials ©MurthyDotCom The application must also include proof of academic / other qualifying credentials. Normally these would be certified copies of any degrees, translations where appropriate, and credentials evaluations where needed. Although the list did not require transcripts, these are often supplied with H1B cases and are needed for credential evaluations. Therefore, they may be helpful or even necessary in some of the E-3 cases. ©MurthyDotCom Other Proof Required ©MurthyDotCom There must be proof that the individual holds any required license or other professional permission to practice the occupation in the state where s/he intends to work. In some cases, it will be sufficient to show that the applicant will obtain the license within a reasonable time after admission. Although there is no elaboration on this point, this exception may be similar to the ability of H1Bs to obtain approval for a licensed profession, such as teaching, where they are license eligible, but for having a social security number. ©MurthyDotCom Since these cases, like H1Bs, are company sponsored, there must be a letter from the employer or other suitable documentation establishing that there is an appropriate job offer. The offer must also reflect that the wages for the position are at the higher of the actual or prevailing wage for the position. ©MurthyDotCom There must be proof that the stay will be temporary and there must be proof of payment of the Machine Readable Visa fee. ©MurthyDotCom We at The Law Office of Sheela Murthy are working on E-3 cases and look forward to obtaining approvals for Australian nationals who are eligible to take advantage of this option. © 2005 The Law Office of Sheela Murthy, P.C. All Rights Reserved
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