Visa & Strategy Help - Australian wanting to move to NYC (Alexander: lawyer, wage)

[carpe_diem]

G'day everyone,

Hope you are all having a wonderful day.

It's my life long ambition to move to Manhattan, and am unsure about my chances of successfully being able to do it. Firstly, there is a special visa just for Australians, as I've listed at the bottom of this post. It's still quite vague as the actual requirements, and whether as a dance teacher I'm going to be able to get one!

Secondly, anybody got experience with how long it takes to get a visa? I want to get a dance studio to sponsor me when I go to NYC in April, and it would help if I know what to tell them!

Thanks for any help you can offer

Matt




New US visa category created exclusively for Australians

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By Alexander A. Jeglic, Austrade Washington DC

Resulting from the Australia-United States Free Trade Agreement (AUSFTA) negotiations, US Congress recently enacted Section 501 of the Real ID Act of 2005 which has modified the Immigration and Nationality Act to allow for a new category of E Treaty Visa. The new modification created Section 101(a)(15)(E)(iii), which allows nationals of the Commonwealth of Australia to enter the United States to perform services in a 'specialty occupation' under the new E-3 Visa category.

With 10,500 E-3 Visas available each fiscal year, this new visa will greatly assist companies seeking to take advantage of opportunities available under the new Australia-United States Free Trade Agreement.
So how do Australians apply for this new visa?

First, you need to fulfil the 'specialty occupation' criteria. This is defined as an occupation that requires theoretical and practical application of a body of highly specialised knowledge, and attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States. This definition parallels that used by the H1-B Visa category.

Then, the US company seeking to employ the Australian citizen will be required to file a Labor Condition Application with the US Department of Labor. The Labor Condition Application is used to demonstrate that the Australian citizen will receive the prevailing wage and benefits provided to US workers in similar jobs.

Once the Labor Condition Application is approved then you will be required to obtain the actual E-3 Visa from a US Embassy or consulate abroad. This step is not yet crystal clear as the implementing regulations have not yet been published. What we do know for certain is that the Visa will be issued at the consular level rather than by the US Citizenship and Immigration Services (USCIS). This will expedite the Visa process as the E-3 Visa will not compete with the millions of pending applications currently before the USCIS and save Australians great frustration.

It is expected that E-3 Visa holders will be admitted to the US initially for a two-year period and will be able to apply for two-year extensions. The cost to obtain the visa is expected to be US$185, which is significantly less than most other US Visa categories. Another unique benefit of the Visa is that it allows the spouse of Visa holders to also work within the United States. This eases the immigration constraints on families looking to settle in the US.

In summary, the new E-3 Visa is a great victory for the Australian people and grants unprecedented access to the US marketplace. Should you desire to have updated information on the progress of the final regulations on the E-3 Visa please contact me at [email]alex.jeglic@austrade.gov.au[/email].

[Viralmd]

It usually takes a few years to get a visa. Dancers don't fall under that category - they're looking for highly specialized technical experts, like low-therm physicists, theoretical mathematicians, etc.

[obiter]

In U. S. Consulates in Australia, it can take a few days up to 2 to 3 weeks depending on the circumstances. You need to have at least a bachelor's degree or 12 years of work experience (if you don't have the degree) or 2 years of diploma plus 6 years of work experience.

I am a U. S. immigration lawyer and I am in Sydney.

If you need any detailed info, you can contact me at (02) 9411-2286.

Thank you.

[obiter]

In U. S. Consulates in Australia, it can take a few days up to 2 to 3 weeks depending on the circumstances. You need to have at least a bachelor's degree or 12 years of work experience (if you don't have the degree) or 2 years of diploma plus 6 years of work experience. I do not agree with the comments of Viralmd above.

I am a U. S. immigration lawyer and I am in Sydney.

If you need any detailed info, you can contact me at (02) 9411-2286.

Thank you.