Note: Form I-1is also used to apply for an extension of stay or change of employment with the same employer. E- E- or E-for a nonimmigrant that is already in the United States. However, there is no limit to the number of extensions you can receive, essentially allowing you to stay in the U. EVisa Processing Time. I-1and assuming it gets approve you will have the resultant form I-7within the next 2-months.
If required before you may commence employment in the specialty occupation, that you have the necessary license or other official permission to practice in the specialty occupation. Evisa from another visa status within the U. See full list on higgslaw. Embassy or Consulate abroa rather than filing with U. Citizenship and Immigration Services (USCIS) from within the United States. If the foreign national is already in E – status in the United States and seeks to extend or change his or her non-immigrant status, the extension of stay or change of status petitions are to be filed with USCIS within the United States.
An E – petition is approved for up to two years, but may not exceed the LCA validity period. Petitions for extensions of stay may be filed indefinitely in increments not to exceed the LCA. The cap does not apply to E – extensions if the foreign national remains with the same employer named in the original petition. E – dependents need not have the same nationality as the principal and are not subject to numerical limitations. E – spouses, but not children, are eligible to apply for an employment authorization document and may work in the United States.
We cannot guarantee visa issuance or visa processing times in advance. All processing periods quoted are estimates only. The E-Visaallows Australian nationals to accept employment in the U. For Australians already present in the U. E-status, it’s essential to understand the process to extend E-status in the U. Australian nationals who are in the U. E – status may request an extension of stay by either having the employer file a petition with USCIS inside the U. When filing an extension of stay for an Australian national in E – status through USCIS, employers must take the following key points into consideration to ensure that the foreign national can remain in the U. While filing the Form I-1with USCIS seeking an E-extension, the E-employee must be able to show that he or she possesses the required U. If the E-employee has a foreign degree, then a proper credential evaluation, properly evaluating the employee’s educational credentials, must be submitted with the E-petition. E – visa stamp and do not require prior petition approval by USCIS. Consular officers, particularly for those who are educated in Australia.
On the other han USCIS requires that foreign education be evaluated to determine the correct equivalency. It is therefore necessary to. Current regulations provide that, if USCIS receives a timely filed extension of status petition for those in E – status, then the beneficiary may continue his or her previously approved activities in the U. USCIS makes a decision on the extension petition. In order to be eligible, the foreign national must not have violated the terms of his or her status, and he or she must continue to meet the basic eligibility requirements of the visa classification. Thus, it is absolutely necessary for employers that are planning to file an E – extension petition with USCIS to make sure that the extension petition is filed sufficiently ahead of time.
This is because Premium Processing IS NOT available for E – petitions. Under USCIS Premium Processing service, U. The E-program is governed by the labor certification standards that apply to H-1B and H-1Bprograms. Due to that, they created a specialty visa which only highly qualified Australian citizens can get. The soonest appointment I could get was in days time , so, the appointment was scheduled for Day 26. E-principal applicants must be going to the United States solely to work in a specialty occupation.
I booked a one-way flight to Vancouver on Day 16. The spouse and children need not be Australian citizens. Customs and Border Protection at a U. E-consular processing requires an employer first secures a Labor Condition Application from the Department of Labor for the prospective employee.
Advance travel planning and early visa application are important. E-visas are reliably available throughout the year.