Want more? Advanced embedding details, examples, and help! Usage CC0 1. For many of the files, the metadata remained intact. The files were renamed according to the metadata, listing the document title, version number, page count, listed author or authoring program, and a three character random identifier. Addeddate Identifier nsia-9FAM There are no reviews yet. In addition to the nonimmigrant visa NIV application, the following documentary evidence must be submitted in connection with an application for an E-3 visa:.
A certified copy of the foreign degree and evidence that it is equivalent to the required U. Likewise, a certified copy of a U. The only two exceptions for electronic filing are physical disability and lack of internet access preventing the employer from filing electronically.
Employers with physical disabilities or lack of internet access preventing them from filing electronic applications may submit a written request for special permission to file their LCAs via U.
Such requests MUST be made prior to applying by mail and should be addressed to:. Page 1 numbered page 1 of 1 includes three attestations for the employer to complete in the electronic filing system. Pages numbered page 1 of 5 through page 5 of 5 contain Sections A through O, and the 7th page is optional for any Addendum to Section G to list additional worksite details.
All LCAs that were submitted online will display the case number, case status and period of employment on the bottom of each page. Section K on page 4 should contain the signature of the employer. If there is no employer signature, the LCA is not valid for processing and consular staff should g the case until a signed copy of the LCA has been submitted. A mailed-in LCA would likely also be completed in a different computer font or contain handwritten information. You must check to make sure the approval date of the LCA is later than September 2, the effective date of the Department of State's E-3 regulatory publication.
Chicago dol. Instead, a prospective employee will present evidence for classification, including the approved Form ETAE, directly to you at the time of visa application. If you have concerns about information regarding or provided by the employer e.
KCC will review the information, investigate, and attempt to provide you with additional research to address those concerns. An E-3 applicant must meet academic and occupational requirements, including licensure where appropriate, for admission into the United States in a specialty occupation. If the job requires licensure or other official permission to perform the specialty occupation, the applicant must submit proof of the requisite license or permission before the E-3 visa may be granted.
In certain cases, where such a license or other official permission is not immediately required to perform the duties described in the visa application, the applicant must show that he or she will obtain such licensure within a reasonable period following admission to the United States. However, as illustrated in the example in paragraph b 4 below, in other instances, an applicant will be required to present proof of actual licensure or permission to practice prior to visa issuance.
In all cases, an applicant must show that he or she meets the minimum eligibility requirements to obtain such licensure or sit for such licensure examination e.
Even when not required to engage in the employment specified in the visa application, a visa applicant may provide proof of licensure to practice a given profession in the United States together with a job offer letter, or other documentation, in support of an application for an E-3 visa. The applicant may, if otherwise eligible, be granted an E-3 visa if it can be shown that the position of unlicensed law clerk is a specialty occupation, even if he or she has not been admitted to the bar.
The application indicates that the position in question meets the definition of a specialty occupation. The applicant may apply for an E-3 visa even if he or she will not be immediately employed in the position offered but will be studying for the bar examination upon admission to the United States. You may issue the visa if you are satisfied that the applicant will be taking steps to obtain bar admission within a reasonable period following admission to the United States.
What constitutes a reasonable period will depend on the specific facts presented, such as licensure examination schedules and bar preparation course schedules. The applicant would not be eligible for E-3 classification since he or she would not be coming to work in a specialty occupation.
This person would be required to obtain another type of visa, such as a B-1, to study for the bar in this country. The applicant must demonstrate that he or she has been admitted to the appropriate bar, or otherwise has obtained permission from the respective jurisdiction or jurisdictions where he or she intends to practice to make court appearances.
Only E-3 principals who are initially being issued E-3 visas for the first time, or who are otherwise obtaining E-3 status in the United States for the first time, are subject to the 10, annual numerical limitation provisions of INA g 11 B. Consequently, spouses and children of E-3 principals, as well as returning E-3 principals who are being issued new E-3 visas for continuing employment with the original employer, are exempt from the annual numerical limit see b.
An E-3 principal who is applying for a new visa following the expiration of the initial E-3 visa, or who is applying for a visa after initially obtaining E-3 status in the United States, is not subject to the annual E-3 numerical limit, provided it is established to your satisfaction that there has been uninterrupted continuity of employment.
At the end of each fiscal year, any unused E-3 numbers are forfeited; such visa numbers do not carry over to the next fiscal year. If it appears that the 10, annual numerical limits will be reached in any fiscal year, the Department of State will instruct posts to cease E-3 issuances for that fiscal year.
An E-3 worker may work full or part-time and remain in status based upon the attestations made on the LCA. Section B. You will need to evaluate potential public charge concerns for any E-3 applicant planning on coming to the United States as a part-time employee. The applicant will have to qualify for each LCA separately, and each proposed employment situation must overcome public charge concerns on its own. Clearly indicate in the case remarks which LCAs and positions the applicant qualifies for.
Multiple annotations: You should annotate the visa with the employer's name, LCA case number and LCA's expiration date for each employer. You may need to use abbreviations to make more than one set of annotations fit onto the visa foil. If an applicant presents multiple LCAs for E-3 and E-3R returning E-3 positions at the same time, and is approved for multiple positions, only one visa should be issued.
The visa should be issued for an E-3 position to ensure that the visa is counted towards the annual numerical limit. Initial Authorized Period of Stay for E-3 Applicants: E-3 applicants are admitted for a two-year period renewable indefinitely, provided the applicant can demonstrate that he or she does not intend to remain or work permanently in the United States.
In cases where the E-3 number has not been used, it will be added back into the remaining pool of unused E-3 visa numbers for that fiscal year. Annotate E-3D visas for derivatives of the principal applicant with the name of the principal applicant, the name of the employer, the ETA case number and the LCA's expiration date.
Currently, you are not permitted to accept LCAs approved based upon H-1B-related offers of employment for E-3 applications. Entitled to Derivative Status: The spouse and children of an E visa applicant accompanying or following to join the principal applicant are entitled to derivative status in the same classification as the principal applicant. The nationality of the spouse and children of an E visa applicant is not material.
The spouse and children of an E visa applicant receive the same visa validity and number of entries, and are required to pay the same reciprocity fee, if applicable, as the principal applicant, as listed in the reciprocity schedule for the principal applicant's country of nationality. Spouses and Children: To establish qualification for E classification as the spouse or child of an E applicant, you may accept whatever reasonable evidence is persuasive to establish the required qualifying relationship.
The presentation of a certified copy of a marriage or birth certificate is not mandatory if you are otherwise satisfied that the necessary relationship exists. They are not counted against the 10, annual numerical limitation described at INA g 11 B. Such spousal employment may be in a position other than a specialty occupation. Israel New Zealand Pursuant to Section 6 of the Taiwan Relations Act, Public Law , 93 Stat, 14, this agreement, which was concluded with the Taiwan authorities prior to January 1, , is administered on a nongovernmental basis by the American Institute in Taiwan, a nonprofit District of Columbia corporation, and constitutes neither recognition of the Taiwan authorities nor the continuation of any official relationship with Taiwan.
The Convention of does not apply to the Faroe Islands of Greenland. The Treaty, which entered into force on July 30, , does not apply to Greenland. The Treaty, which entered into force on December 21, , applies to the departments of Martinique, Guadeloupe, French Guiana, and Reunion. The Treaty, which entered into force on October 30, , was made applicable to the Bonin Islands on June 26, , and to the Ryukyu Islands on May 15, The Treaty, which entered into force on December 5, , is applicable to Aruba and Netherlands Antilles.
The Treaty, which entered into force on September 13, , does not apply to Svalbard Spitzbergen and certain lesser islands. The Treaty, which entered into force on April 14, , is applicable to all territories.
The Treaty with the Netherlands, which entered into force December 5, , was made applicable to Suriname on February 10, The Convention, which entered into force on July 3, , applies only to British territory in Europe the British Isles except the Republic of Ireland , the Channel Islands, and Gibraltar and to "inhabitants" of such territory. This term, as used in the Convention, means "one who resides actually and permanently in a given place, and has his domicile there.
Individuals having the nationality of members of the Commonwealth other than the United Kingdom do not qualify for treaty trader or treaty investor status under this treaty. The U. The definition is the same as the Immigration and Nationality Act definition of an H-1B specialty occupation.
Bolivian nationals with qualifying investments in place in the United States by June 10, continue to be entitled to E-2 classification until June 10, The only nationals of Bolivia other than those qualifying for derivative status based on a familial relationship to an E-2 principal applicant who may qualify for E-2 visas at this time are those applicants who are coming to the United States to engage in E-2 activity in furtherance of covered investments established or acquired prior to June 10, The only nationals of Ecuador other than those qualifying for derivative status based on a familial relationship to an E-2 principal applicant who may qualify for E-2 visas at this time are those applicants who are coming to the United States to engage in E-2 activity in furtherance of covered investments established or acquired prior to May 18, Nationals of Israel are not entitled to E-2 classification for treaty investor purposes under that treaty.
Public Law June 8, , accords nationals of Israel E-2 status for treaty investor purposes if the Government of Israel provides similar nonimmigrant status to nationals of the United States. The Department has confirmed that Israel offers reciprocal treaty investor treatment to U. The Department has confirmed that New Zealand offers similar nonimmigrant status to U.
Derivatives do not need to submit Form DSE. This is meant as a guide only and is not a list of required documentation. Other information and evidence may be submitted by the visa applicant to satisfy you that the applicant meets the criteria described in 9 FAM Please tab and index your supporting documentation and note the corresponding tab number on this form.
To facilitate and expedite adjudication of your case, please highlight corroborating figures in annual reports, financial statements, etc. Proof of Nationality of Investor or Applicant. Other evidence of ownership. The letter must explain the employee's role in the U. Spouse or Child of E3. Returning E3. Australia Bolivia China Taiwan 1. Congo Brazzaville. Congo Kinshasa. Costa Rica. Croatia Czech Republic 2. Denmark 3. An amateur is someone who normally performs without remuneration other than an allotment for expenses.
A performer who is normally compensated for performing cannot qualify for a B-2 visa based on this note even if the performer does not make a living at performing or agrees to perform in the United States without compensation.
Any B nonimmigrant visa applicant who you have reason to believe will give birth during their stay in the United States is presumed to be traveling for the primary purpose of obtaining U. The applicant can overcome this presumption if you find that the primary purpose of travel is not obtaining U.
This guidance does not affect DHS regulations or guidance regarding the admissibility of noncitizens , including Visa Waiver Program travelers, or otherwise modify the standards enforced by DHS officials. You may have reason to believe an applicant will give birth because they indicate that purpose of travel in the DS application form or during the visa interview. However, you must not ask a visa applicant whether they are pregnant unless you have a specific articulable reason to believe they may be pregnant and planning to give birth in the United States.
You should document any such reason in your case notes. You must not, as a matter of course, ask all female applicants or any specific sub-sets of applicants whether they are pregnant or intend to become pregnant; you also may not require B nonimmigrant visa applicants to provide evidence that they are not pregnant.
Additionally, you should remember, when posing your questions, that pregnancy can be a sensitive topic. Therefore, you are reminded to use your discretion as to whether conducting a private interview such as in a privacy booth, if available is warranted. Further, do not automatically refer these cases to the FPU unless there are legitimate fraud concerns that a routine visa interview cannot address.
You should not limit the validity period of a visa for an otherwise qualified B nonimmigrant visa applicant, as reflected in the reciprocity schedule, solely because the applicant is pregnant or may become pregnant in the future. This presumption is rebuttable, meaning the applicant can overcome the presumption that they are traveling for the primary purpose of obtaining U. For example, an applicant might overcome the presumption if they have a medically complicated pregnancy and have arranged for specialized medical care in the United States, because such specialized care is not available in or near the country where the applicant resides.
In such a case, the applicant must satisfy you that the primary purpose is to visit a dying relative rather than to obtain U. Similarly, an applicant for a B nonimmigrant visa who you conclude does not intend to, and will not, give birth in the United States, or who otherwise rebuts the presumption that they intend to travel to the United States primarily to obtain U.
If a child would acquire U. One key factor you should consider is whether the applicant has access to reasonable medical care in or near the country where the applicant resides. The lack of such a legitimate purpose of travel could cast doubt on their credibility and qualification for a B visa. U The following classes of applicants may be classified B-2 visitors under the following special circumstances.
Citizens or Permanent Residents. U An applicant proceeding to the United States to marry a U. See 22 CFR A B-2 visa may also be issued to an applicant coming to the United States:. U A spouse married by proxy to a nonimmigrant in the United States may be issued a B-2 visitor visa to join the spouse already in the United States.
Upon arrival in the United States, the joining spouse must apply to the DHS for permission to change to the appropriate derivative nonimmigrant status after consummation of the marriage.
Citizen or Noncitizen Resident. U An applicant spouse or child, including an adopted applicant child, of a U. U The B-2 classification is appropriate for applicants who are members of the household of another noncitizen in long-term nonimmigrant status , but who are not eligible for derivative status under that applicant's visa classification.
This is also an appropriate classification for applicants who are members of the household of a U. Such applicants include but are not limited to the following: cohabitating partners or elderly parents of temporary workers, students, foreign government officials or employees posted to the United States, officers or employees of an international organization posted to the United States, and accompanying parent s of a minor F-1 child-student.
B-2 classification may also be accorded to a spouse or child who qualifies for derivative nonimmigrant status other than derivative A or G status as an eligible immediate family member, but for whom it may be inconvenient or impossible to apply for the proper H-4, L-2, F-2, or other nonimmigrant derivative visa, provided that the applicant the derivative intends to maintain a residence outside the United States and otherwise meets the B visa eligibility requirements.
If such individuals plan to stay in the United States for more than six months, you should advise them to ask DHS for a one-year stay at the time they apply for admission. If needed, they may thereafter apply for extensions of stay, in increments of up to six months, for the duration of the principal's nonimmigrant status in the United States. You should consider annotating the visa to indicate the purpose of travel and the length of stay in such cases.
U An applicant who is entitled to the benefits of INA , and who seeks to enter the United States to take advantage of such benefits, may be classified B-2 without having to meet the foreign residence abroad requirement of INA a 15 B.
You may issue a B-2 visa to an eligible foreign-born child to facilitate that child's expeditious naturalization pursuant to INA The child must be under the age of 18 at the time INA requirements are met. The child's intended naturalization, however, does not exempt the child from INA b ; the child must intend to return to a residence abroad after naturalization.
A child whose parents are residing abroad will generally overcome the presumption of intended immigration, provided that the parents do not intend to resume residing in the United States, whereas a child whose parents habitually reside in the United States will not.
U The child would not qualify for a B-2 visa if the family were relocating to the United States. If this were the case, then the child would be required to have an immigrant visa IV. The issuance of an NIV to an orphan who is an intending immigrant violates the law, places the child in an untenable immigration predicament, and circumvents the scrutiny intended to protect the orphan and the adoptive parents. The issuance of an NIV also does not accomplish the intended goal since the orphan cannot adjust status under DHS regulations.
U An applicant who is a dependent of an noncitizen member of the U. U Since the purpose of parole in these cases is to serve humanitarian interests, it is not appropriate for a dependent to seek parole from DHS to enter the United States while the service member served a tour of duty outside the United States.
U An applicant enrolling in such a school may be classified B-2 if the purpose of attendance is recreational or avocational in nature. U A lawful permanent resident LPR may, in some cases, need to get a visa more quickly than obtaining a returning resident visa would permit. For example: a permanent resident employed by a U. He or she may be issued a nonimmigrant visa for the purpose of traveling to the United States for urgent business meeting and Form I need not be surrendered.
The relinquishment of the I must not be required as a condition precedent to the issuance of either an immigrant or nonimmigrant visa NIV unless DHS has requested such action. You may wish to limit and annotate the visa to reflect the nature of the LPR's travel, and to provide additional information to ports of entry. U Applicants who desire to enter the United States for business and who are otherwise eligible for visa issuance, may be classifiable as nonimmigrant B-1 visitors provided they meet the criteria described in 9 FAM Engaging in business contemplated for B-1 visa classification generally entails business activities other than the performance of skilled or unskilled labor.
Thus, the issuance of a B-1 visa is not intended for the purpose of obtaining and engaging in employment while in the United States. Specific circumstances or past patterns have been found to fall within the parameters of this classification and are listed below. U It can be difficult to distinguish between appropriate B-1 business activities, and activities that constitute skilled or unskilled labor in the United States that are not appropriate on B status. The clearest legal definition comes from the decision of the Board of Immigration Appeals in Matter of Hira, affirmed by the Attorney General.
Hira involved a tailor measuring customers in the United States for suits to be manufactured and shipped from outside the United States.
The decision stated that this was an appropriate B-1 activity because the principal place of business and the actual place of accrual of profits, if any, was in the foreign country. Most of the following examples of proper B-1 relate to the Hira ruling, in that they relate to activities that are incidental to work that will principally be performed outside of the United States.
U You may encounter a case involving temporary employment in the United States, which does not fall within the categories listed below.
U Applicants should be classified B-1 visitors for business, if otherwise eligible, if they are traveling to the United States to:. U Travel to give birth in the United States: Any B nonimmigrant visa applicant who you have reason to believe will give birth during their stay in the United States is presumed to be traveling for the primary purpose of obtaining U.
U The statutory terms of INA a 15 B specifically exclude from this classification applicants coming to the United States to perform skilled or unskilled labor. However, an applicant may be eligible for B-1 business visas provided he or she meets the criteria of one of the categories listed below. U Ministers of religion and members of religious denominations meeting the following criteria may be issued B-1 visas.
It does not include ordinary administrative work, nor should it be used as a substitute for ordinary labor for hire.
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