A. E-3 visa for Australians
The E-3 visa applies only to nationals of Australia. You must be coming to the United States solely to perform services in a specialty occupation. The specialty occupation requires theoretical and practical application of a body of knowledge in professional fields and at least the attainment of a bachelor’s degree, or its equivalent, as a minimum for entry into the occupation in the United States. The requirements in that way are similar to that of an H-1B
To qualify for an E-3 visa, you must demonstrate that you:
- Are a national of Australia
- Have a bona fide offer of employment in the United States
- Possess the necessary academic or other qualifying credentials
- Will fill a position that qualifies as a specialty occupation
The application process is also very similar to that of an H-1B visa in that a certified Labor Condition Application (LCA) requested from the Department of Labor (DOL) is filed along with a Petition for Nonimmigrant Worker. The foreign national can also request a change of status to obtain E-3 nonimmigrant temporary worker classification or apply for the E-3 visa directly once approval is received on the petition.
If the foreign national intends to travel outside of the United States after approval on a change of status, the next step is to apply for a U.S. visa at a U.S. embassy or consulate, generally in the country of residence abroad.
B. H-2A & H-2B Temporary Programs
H-2A and H-2B are temporary programs allowing different types of foreigners workers for a limited amount of time in the U.S.: the H-1A program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary agricultural jobs, and the H-2B program allows agents to fill temporary nonagricultural jobs.
In both cases, the U.S. employer will have to file an application for temporary labor certification application with the U.S. Department of Labor (DOL). Upon validation by the DOL, the U.S. employer will have to file for a Petition for Alien worker on the temporary worker’s behalf.
The period of stay can be extended upon filing by the U.S. employer, but the total duration of stay under the H- 2A or H-2B visas cannot exceed 3 years.
The H-2B nonimmigrant Visas are subject to a statutory numerical limit, or “cap,” which limits the total number of individuals who may receive H-2B nonimmigrant classification during a fiscal year.
To qualify for an H-2A or an H-2B nonimmigrant classifications, the petitioner must establish
- There are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
- The employment of H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
- Its need for the prospective worker’s services or labor is temporary
C. H-3 Trainee or Special Education Exchange Visitor
The H-3 nonimmigrant Trainee Visa allows individuals to pursue training in the U.S. that is not available in one’s country, except for medical training.
The considered fields include but are not limited to: agriculture, commerce, finance, communications, transportation, government.
The H-3 visa can be granted for a maximum period of 2 years, and the H-3 Visa holder cannot seek to enter the U.S. under another H visa, or and L visa for the six months following the expiration of his/her status.
In order to obtain an H-3 nonimmigrant Trainee visa, the U.S. employer or organization must demonstrate that:
- The proposed training is not available in the foreign national’s native country;
- The foreign national will not be placed in a position which is in the normal operation of the business and in which U.S. citizens and resident workers are regularly employed;
- The foreign national will not engage in productive employment unless such employment is incidental and necessary to the training; and
- The training will benefit the beneficiary in pursuing a career outside the United
The H-3 Special Exchange Visitor nonimmigrant Visa must be filed by a “facility which has professionally trained staff and a structured program for providing education to children with disabilities, and for providing training and hands-on experience to participants in the special education exchange visitor program.”
This H-3 Special Exchange Visitor Program Visa is subject to a numerical Cap: no more than 50 may be approved in a fiscal year.
D. I- Visa for Representatives of Foreign Media
The I nonimmigrant Visa for Representatives of Foreign Media can be granted to foreign individuals currently representing a foreign media outlet that has a home office in a foreign country, who are seeking entry in the U.S. for the sole purpose of representing this media.
E. R-Visa for Religious representatives
The R nonimmigrant visa for Religious Workers can be granted to foreign individuals who “have been a member of a religious denomination having a bona fide non-profit religious organization in the United States for at least two years immediately before the filing of the petition”
The dependent spouse and unmarried child under 21 years old of an R-1 holder can be admitted under the R-2 nonimmigrant Visa.
B. Q-Visa for Cultural Exchange
The Q nonimmigrant visa for Cultural exchanges are granted to the foreign individuals who “are seeking to participate in an international cultural exchange program”. The cultural exchange program has to be “for the purpose of providing practical training and employment, and to share the history, culture, and traditions of your home country with the United States”.