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Whether you are planning to live in the US or simply dreaming of how to get to the US our US Visas Expert site is for you. It’s filled with information to help you understand US visas and helpful hints from a local US Immigration Lawyer in Sydney.

I want to go to the U.S.

Individuals who are not U.S. citizens and wish to travel to the U.S. need to be clear about their purpose for travelling to the U.S.

An individual who is not a U.S. citizen must apply for a U.S. visa to enter the United States.

There are two main U.S. visa categories; non-immigrant visas or immigrant visas.

Visa Category

Purpose

Non-Immigrant Visa

Travel to the U.S for a temporary stay.

Immigrant Visa

Travel to live permanently in the United States.

Which visa type is suitable for the intended travel depends on the intended length of stay for the individual, the activities to be undertaken and the nationality of the individual.

Can I get a U.S. visa?

An individual who wishes to apply for a U.S visa must determine if they are eligible for a non-immigrant visa or an immigrant visa based on the purpose of their intended travel to the U.S.

Once a visa category is determined, the next step is to identify which visa type is suitable for the intended travel.

Non-Immigrant Visas

Individuals who wish to travel to the U.S for work, for study or for a visit may be eligible to apply for a non-immigrant visa.

If an individual seeks to apply for a non-immigrant visa, it is critical to identify the specific visa type because there are more than 20 non-immigrant visa types. Each visa type has its own criteria to determine if an individual is eligible for a specific visa class.

Detailed information about non-immigrant visa types can be found on our non-immigrant visas page.

Immigrant Visas

Individuals who are married to a U.S Citizen, have an immediate relative who is a permanent resident or a U.S citizen or are eligible to be sponsored through their employer may be eligible to apply for an immigrant visa.

If an individual seeks to apply for an immigrant visa, it is critical to identify the specific visa type for this category namely because there are a number of visa types. Each visa type has their own set of criteria to determine if an individual is eligible for a specific visa class.

Detailed information about immigrant visa types can be found on our immigrant visas page.

E-3 visa

How can I get an E-3 visa? / How do I know if I am eligible for an E-3 visa?

The E-3 visa is for Australian citizens only and allows qualifying applicants to travel to the United States for the sole purpose of working in a specialty occupation. The spouse and children of the qualifying applicant need not be Australian citizens.

An applicant must be sponsored by a U.S. company in order to apply for an E-3 visa.

To qualify as a sponsor for an E-3 visa, sponsors must meet the following criteria:

  • pay the employee on U.S. payroll,
  • pay the employee at or above the prevailing wage based on the specialty occupation and

location of employment, and

  • must file a Labor Condition Application (LCA) with the Department of Labor (DOL) to prove

the salary is at or above the market rate

To qualify for an E-3 visa, applicants must meet the following criteria:

  • Australian citizenship.
  • a job offer in the U.S. in a specialty occupation,
  • a Bachelor degree or
  • equivalent work experience (12 years) relevant to the nominated speciality occupation.

The E-3 visa is initially valid for two years. The visa can be renewed for another two years and continued to be renewed indefinitely in two year increments. Dependent Spouses may receive work authorization.

Green Card

I am married to a US citizen how can I get a Green Card?

An individual who is married to a U.S citizen is eligible to apply for an immigrant visa in order to become a permanent resident of the U.S. The visas are immediately available meaning that once approved, a visa may be issued.

The U.S. citizen is required to sponsor their spouse and meet specific criteria for this visa.

Specific requirements include but are not limited to:

  • proof that the relationship is genuine, and
  • proof of income and assets to support their spouse.

There are additional requirements and a qualified U.S. immigration lawyer will have the specialized knowledge and experience to provide advice regarding the best way to proceed with the immigrant visa process.

How can I get a Green Card?

In order to obtain a ‘Green Card’ an applicant may be eligible to apply for an immigrant visa to become a permanent resident of the U.S. If an immigrant visa applicant is approved, the applicant becomes a lawful permanent resident of the U.S. also known as a Green card holder once they enter the U.S. on their immigrant visa. There are four paths to become a permanent resident:

  • employer sponsorship,
  • U.S. citizen sponsorship,
  • Diversity Visa Program (Green Card lottery), and
  • Humanitarian program; refugee or asylee status.

For each path, an applicant must meet specific criteria in order to be eligible and apply for an immigrant visa. There are also different requirements if you apply for permanent residency while present in the U.S. or if you apply from overseas.

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U.S. Immigration and Visas Webinar Thursday, December 4, 2014

Listen to Melissa Vincenty, a local Sydney U.S. Immigration Lawyer, speak about U.S. Immigration and Visa options to get to the U.S.

For further enquires about the presentation or about U.S. Immigration please contact melbourne@nevettford.com.au

A World with Borders
Wisdom by Melissa Vincenty

Melissa Vincenty interviewed about her life that has crossed international borders as a singing telegram to working in Nepal with the Dali Lama.

Read the full interview in the December 2014 issue of The Manifesto an internationally acclaimed publication.

Read More

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