US Work Visa for Australian Nurses: E-3 visa is this the answer

elmar22 · Feb 6, 2008

Work Visa for Australians... Pls help and clarify... "E-3 visa" is this the answer to retrogression in the US...
I heard that E-3 visa is what Australians use (similar to TN visa in Canada & Mexico) to work in the US.
I just want to ask if we can cancel with this Agency, and just fly to the US on E-3 visa with another employer (direct hiring - Hospital), and have our papers fixed over there, from working visa and unto green card.
We are desperate for some answers, please help anyone!!!

My family and I were also thinking of using the E-3 visa for Australians. However, upon further research, we found out that it is not a dual intent visa...meaning you can not upgrade it into an immigrant (green card) visa. The main condition of the E-3 visa for Australians is that the applicant have no intention of staying in the US indefinitely. The problem with this is that when you try to upgrade it into an immigrant visa, you are in effect breaking the condition of the E-3 visa, automatically cancelling it. The only solution I can think of is to go back to Australia once your E-3 visa expires (renewable every two years) and start again with the immigrant (green card) visa application-start from scratch. If you have no intention to be a permanent migrant in the US, I believe the E-3 visa is the fastest way to go. However, if you intend to stay in the US as a permanent resident, then I believe it is not practical (especially if you have kids that are nearing 21 years old). If you really want to use the E-3 visa why don't you try to talk to your first agent if you can avail of it (E-3) instead of the immigrant (I-140) visa? More information on E-3 visa for Australians: http://perth.usconsulate.gov/consular/visa-e3.html

allnurses Guide · Mar 2, 2008

That is not exactly correct. E3 is not specifically dual intent, but it's not specifically NOT dual intent, either. I personally know more than one person who has successfully adjusted from E3 to GC.

Yes, I think E3 is a good solution if you fulfil the requirements - that means the position must require a minimum of a bachelor's degree, not just that you have one. Many nursing positions in the US do not fulfil this requirement, because they only require an RN (which may have been conferred after an associates degree).

I am personally working in the US on an E3 visa. I went direct-hire. The hospital was not familiar with E3, so I had to help them a lot, but it all worked out well, and very inexpensive for the hospital, so they liked it!

Feel free to PM me for more info.

suzanne4, RN · Mar 2, 2008

Moving this thread to the International Forum, since it is specific to working in the US and not related to working issues in Australia or New Zealand.

We are trying to keep all posts dealing with licensure and immigration issues for any country under the International Forum since many locals in a specific country are not aware of the immigration requirements for the foreign nurse wishing to work there.

Just do not have the banner up yet at the top of the Aussie forum.

Thanks for your understanding on this.

suzanne4, RN · Mar 2, 2008

Now to the question that was being presented above, the US has actually gotten much stricter on who they will let go thru the AOS process. Add into it the fact that we do not expect visas available again for sometime, or that the AOS process will be in place due to the 800,000 plus petitions that they received this past summer in less than two months when the window was open.

As we keep stating here, just because someone has done something in the past, even last year, does not mean that it can be expected to work down the road.

Please check out things thoroughly before starting any process to just be on the safe side.

suzanne4, RN · Mar 2, 2008

Also be aware that the E-3 visa needs to be obtained in Australia, it cannot be obtained here. And you must have a license for the state where you wish to work, as well as a Visa Screen Certificate in hand before they will be able to even look at your petition.

Just posting this for others that are thinking of the same thing.

dream2006 · Mar 2, 2008

Hi Ghillbert and Suzanne,

Thanks for your reply to this Forum. I have the same dilemma. I have to explain to the hospitals in the US about E-3 because they are not familiar with it, but they are willing to hire us. I will be speaking to a lawyer this Wednesday via telephone interview. Do you think i will suggest to him E-3 visa ? because he is insisting we go for H-1B instead. What do you think about pros and cons of each, specially applying for green card in the future, and how will we go about changing status to GC if we opt for E-3. I've got everything ready, nclex passer, visa screen certificate, aussie passport, and i'm still here in Sydney ... ready to go if there's a way :nurse:

allnurses Guide · Mar 3, 2008

I had the state license and VSC, but the consulate did not ask to see them at all (the hospital asked for the license but not the VSC - I had to tell them what it was).

You can get a new E3 either in Australia (preferable) or in a different country (eg. a lot of people in the US already go to Canada to get an E3).

It's up to you whether to choose E3 or H1b. The H1b is a lot more expensive for the hospital, but it may be easier for you to switch to GC as it's an established process. Also depends whether the hospital is exempt from the H1b cap - if not, you may not even get one since they go so fast, and you can't start work until October if you do get one.

There is no issue with having to wait until immigrant visas are available, because the E3 rules state that extensions cannot be withheld because you have a pending GC petition. It's very fast to get the E3 - hospital fills in the labor certification online, then you make the appointment and get the visa. You can get it in about 2 weeks if the hospital is quick.

Hope that helps.

elmar22 · Mar 3, 2008

That is not exactly correct. E3 is not specifically dual intent, but it's not specifically NOT dual intent, either. I personally know more than one person who has successfully adjusted from E3 to GC.

I wonder then how those people you know went around one of the main requirements of the E-3 visa-that you have no intention of staying indefinitely in the US. When you adjust to GC, you are actually intending to stay in the US indefinitely...I would love to know how any lawyer could have gone around that requirement using an E-3 visa. Remember that they probably were able to adjust successfully from E-3 to GC when there was no retrogression.

elmar22 · Mar 3, 2008

I will be speaking to a lawyer this Wednesday via telephone interview. Do you think i will suggest to him E-3 visa ? because he is insisting we go for H-1B instead. What do you think about pros and cons of each, specially applying for green card in the future, and how will we go about changing status to GC if we opt for E-3.

No wonder your lawyer insists H-1B visa because of the uncertainty of adjusting the E-3 visa to GC.

suzanne4, RN · Mar 3, 2008

I had the state license and VSC, but the consulate did not ask to see them at all (the hospital asked for the license but not the VSC - I had to tell them what it was).
You can get a new E3 either in Australia (preferable) or in a different country (eg. a lot of people in the US already go to Canada to get an E3).
It's up to you whether to choose E3 or H1b. The H1b is a lot more expensive for the hospital, but it may be easier for you to switch to GC as it's an established process. Also depends whether the hospital is exempt from the H1b cap - if not, you may not even get one since they go so fast, and you can't start work until October if you do get one.
There is no issue with having to wait until immigrant visas are available, because the E3 rules state that extensions cannot be withheld because you have a pending GC petition. It's very fast to get the E3 - hospital fills in the labor certification online, then you make the appointment and get the visa. You can get it in about 2 weeks if the hospital is quick.
Hope that helps.

It is not holding up extensions of the E-3, but if I remember correctly, there is a limit as to the number of years that one can remain in the US with that designation.

And not the issue with the E-3 visa, but the fact that the AOS is expected to be on hold for several years. And the E-3 is a treaty visa, so it can get changed at anytime.

suzanne4, RN · Mar 3, 2008

Hi Ghillbert and Suzanne,
Thanks for your reply to this Forum. I have the same dilemma. I have to explain to the hospitals in the US about E-3 because they are not familiar with it, but they are willing to hire us. I will be speaking to a lawyer this Wednesday via telephone interview. Do you think i will suggest to him E-3 visa ? because he is insisting we go for H-1B instead. What do you think about pros and cons of each, specially applying for green card in the future, and how will we go about changing status to GC if we opt for E-3. I've got everything ready, nclex passer, visa screen certificate, aussie passport, and i'm still here in Sydney ... ready to go if there's a way

Big problem with the H1-B to start off with. It can only be used when the job actually requires the BSN as the initial training, and is severely limited to where it can be used. Most hospitals no longer will hire anyone with that visa as it is considered a temporary work visa and the unions do not want that at all, and actually prohibit a hospital from hiring nurses under that category in most cases. The E-3 visa is accepted because it is a treaty visa, under a separate classification. Nice thing with the E-3 visa is that the spouse can also work, with the H1-B, they are unable to.

And if the job that you are hoping for is not thru a university based program and exempt from the cap on the H1-B visas, you are going to find it hard to get approval. The next open window of being able to submit is the beginning of April, they received over 150,000 petitions last year in just a few hours and there are only 65,000 per year that are available. and it will not be available until October.

Again, what has happened in the past with immigration is no longer the case lately, and alot depends on the immigration official that will be reviewing your case when you decide to adjust your status. Nothing is no longer in black and white and the rules are changing all of the time as you can see by multiple threads on this very forum.

Even attorneys are not even sure what will happen all of the time anymore.

Best of luck with whatever you decide to do.