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Additional Non-Immigrant Statuses

Learn about the E-3 visa for Australian specialty occupation workers and TN visa for Canadian and Mexican professionals entering the US temporarily. Understand eligibility, requirements, and limitations.

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Additional Non-Immigrant Statuses

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  1. Additional Non-Immigrant Statuses

  2. E-3 Australians in a Skilled Occupation

  3. E-3 Australian Specialty Occupation Employees • The E-3 category allows aliens who are nationals of the Commonwealth of Australia to come to the United States to perform services in a "specialty occupation." • The E-3 visa classification allows a maximum of 10,500 Australian nationals per fiscal year to come to the U.S. to perform services in a specialty occupation under the Australia-United States Free Trade Agreement (AUSFTA). • Spouses of E-3 visa holders can also apply for an EAD to work in the United States. www.temple.edu/isss/international/E-3AustralianSpecialtyOccupationWorkers.html

  4. E-3 Specialty Occupation Workers may be admitted initially for up to 2 years, and extensions of stay may be granted indefinitely in increments not to exceed 2 years • As there is no limit on the total length of stay for an E-3 alien in the legislation, there is no specified number of extensions a qualifying E-3 Specialty Occupation Worker may be granted • E-3 does not allow for Dual Intent, so inappropriate to file for Green Card in this status

  5. Acquiring E-3 status from abroad Australian citizen must first obtain an E-3 visa. No I-129 petition is necessary. Applicant Needs: • Copy of the employer's LCA certified by DOL • Documentation showing eligibility for employment in a specialty occupation • Proof of a legitimate offer of employment in the US • Documentation that the position qualifies as specialty occupation employment (under the same standards as an H-1B specialty  occupation) • Proof of Australian citizenship such as a Passport Issued By Australia • Required academic and other qualifying credentials • Any required licensure • Proof that the stay will be temporary • Proof of payment of the Machine Readable Visa With an E-3 visa, an Australian citizen can then apply for admission to the U.S. in E-3 status at a U.S. port of entry.

  6. Submitting a Change of Status Petition to E-3 status if the Applicant is already in the U.S. • Form I-129 • Form I-129 Fee • Copy of the E-3 LCA certified by DOL • All Other Documentation Listed on Previous Slide

  7. Extension of E-3 Status • It is MUCH faster and easier for an E-3 to travel outside the US and reenter in E-3 status than to apply for an extension in the US through USCIS as there is no Premium Processing. We have had petitions languish at USCIS for MONTHS. • Please note that ISSS can not file an LCA with the Department of Labor more than 6 months in advance of the LCA start date.

  8. Spouses of E-3 workers can apply for work permission • In order to obtain an employment authorization document, the E-3 nonimmigrant dependent spouse must file Form I-765, Application for Employment Authorization, and provide evidence that he or she qualifies as an E-3 spouse and that the nonimmigrant principal is in E-3 principal status. • When completing the form, applicants will need to select the visa type E1/E2, as E3 is not listed as an option. • Spousal employment may be in a position other than a specialty occupation, and may be full time, part time or casual work. • Children on an E-3D visa are not permitted to work.

  9. E-3 Australian Specialty Occupation Worker • Look at LCA and I-94: The E-3 worker’s employment start date will be the LCA start date or the I-94 card start date, whichever is later.The E-3 worker’s last date of employment will be the LCA end date or the I-94 card end date, whichever is earlier. Should the dates on the E-3 employee’s I-94 card differ from the LCA dates, immediately contact ISSS. • Not Temple’s E-3? Then No Honorarium, No Salary or Wage

  10. TN Trade NAFTA for Canadian and Mexican Nationals

  11. Trade NAFTA (TN) The TN category was developed as part of the North American Free Trade Agreement (NAFTA), to facilitate the entry of Canadian and Mexican citizens to the US to engage in professional business activities on a temporary basis.

  12. Employment Limitations for Temple’s TN Status Holders • Can only work for the organization that petitioned for their services • Is not applicable for those who have already filed for permanent residency (Green Card) as this status does not allow for dual intent • Not all positions are on the TN schedule – see www.temple.edu/isss/international/requirements-professional-job.html for details • TN must have required degree and license, if applicable

  13. Teacher: Can only be used for teachers entering to work for a university, college or seminary. They must possess relevant baccalaureate or licenciatura degrees. Since the TN applicant must show that their stay is temporary, the TN category is not recommended for tenure-track faculty who plan to apply for lawful permanent residence. • Scientist: Covers a broad range of scientific fields that may be useful to academic and research institutions • Research Assistant: Must be entering to conduct research for a postsecondary educational institution. • Medical/Allied Professionals: Encompasses many occupations that are useful to universities and medical institutions. A few examples are Occupational Therapist and Recreational Therapist, Physician (teaching or research only) and Registered Nurse.

  14. Time and duration, and numerical limitations • Can be admitted to the US up to 3 years • Extensions of stay are also granted in up to 3-year increments. • No cumulative total limit in TN status • Status can be renewed each year indefinitely, provided that the stay remains temporary in nature. This can get tricky if someone is in the US for many years, however • No annual limit on the number of Canadians or Mexicans granted TN status www.uscis.gov/working-united-states/temporary-workers/tn-nafta-professionals

  15. Employment Letter • The employer in the U.S. must provide to the applicant a Letter of Employment in the United States. The letter must indicate that the position in question in the U.S. requires the employment of a person in a professional capacity. • Letter should be on TU letterhead and signed by Department Official • Department must email a copy of the letter to ISSS through TUSafesend www.temple.edu/isss/international/sample-letter-support.html

  16. What are the Required Fees? • Nonimmigrant visa application processing fee - Each applicant for a visitor visa must pay a nonrefundable nonimmigrant visa application processing fee and possibly a visa issuance fee – Department may reimburse the TN applicant for these fees but it not legally required to do so • The hiring department does not need to pay any visa or application costs.

  17. Extension of Stay Canadian or Mexican citizens admitted as a NAFTA Professional may seek an extension of stay, which may be granted up to three years: • TU can submit TN Extension Petition OR • TN can travel - procedures same as initial entry • Much faster to travel and reenter in order to extend status

  18. Initial processing requirements differ for Canadians and Mexicans • A Mexican citizen must obtain a TN visa stamp from a U.S. consulate • A Canadian citizen does not require a TN visa stamp

  19. TN IS JOB SPECIFIC • TN status holders may change jobs, or have more than one job, but since TN status is employer and employment-specific, DHS must approve all new employment prior to its commencement. • There are two options for adding new or additional employers. In either case, the new employment cannot begin until the Service Center approves the I-129 petition and the petition start date is reached, or the TN reenters the United States.

  20. TN—TRADE NAFTA • Not a Temple TN? Then No Honorarium, No Salary or Wage • OK—Expenses Only!

  21. P-1 Performing Artist or Athlete

  22. P-1s There are 4 P classifications: • P-1 • Internationally known athletes and entertainment groups • P-2 • Artists participating in an exchange program • P-3 • Culturally unique performers • P-4 • Dependents of P-1, P-2 or P-3 visa holders

  23. P-1s • Must work only as described in the P visa petition. • If work at Temple was not in the original petition, Temple can not employ the individual • Dependents cannot work

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