E-3 Visa Sample Cases from our office

These are some sample cases from our files. It is impossible for us to present all have done past over 15 years of our practice. But these were some cases that came to mind when we started writing this column 2-3 years ago.

Category: E-3 Visa, RFE, USCIS

We assisted in responding to an RFE questioning the employer’s educational requirements for an E-3 (Specialty Occupation Workers from Australia) Petition filed for a software developer position. USCIS sought clarification as to how the position could be a specialty occupation where the employer required a minimum of a bachelor’s degree in business, information systems, computer science or equivalent with related experience. More specifically, USCIS suggested that the employer had failed to provide an adequate explanation for how a candidate with a degree in business could qualify. In our response, we explained that the employer’s requirements cannot be read in isolation, and that the totality of the record clearly evidenced that candidates must have specific and relevant experience to perform the position. We provided a comprehensive explanation and considerable evidence, including detailed experience letters, work samples, job postings, and an expert opinion to illustrate that the employer’s requirements were in fact consistent, and that a business degree without the related experience would not be sufficient. The case was approved.

Status: We provided a comprehensive explanation and considerable evidence, including detailed experience letters, work samples, job postings, and an expert opinion to illustrate that the employer’s requirements were in fact consistent, and that a business degree without the related experience would not be sufficient. The case was approved.

 

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

-----------------------

We were retained by a corporate client to process several E-3 petitions for nationals of Australia. All of the visas were issued at the Australian consulates without any problem. One applicant has already entered the U.S is currently working on E-3 status. We have also submitted a petition for an E-3 amendment with USCIS, which was also approved without any issues.

We were asked to also provide an opinion on the E-3 possibility for a Stage actor and teacher of dramatics.  That case appeared to be a bit difficult because it was not clear that the job required a degree.  Nevertheless, after that matter was clarified, that E-3 visa was also approved.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

-----------------------