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US - Getting a Visa
Basically to get a work visa for the USA you must first get a job from a US employer which is not an easy task. One option is to apply for the Green Card Lottery but that’s a long shot. Traditionally the best option was a H-1B visa, however there are a number of complexities here including the cost and time to get your potential employer to sponsor you. Also the limit of 65,000 per year can lead to them to run out after only 6 months. I read somewhere that only 616 Australians got H-1B visas last year.
The Background requirements
For me, a new E3 Visa just for Australians that was released last year has streamlined the process somewhat. Here is my story of getting my E3 Visa.
You first must get an official job offer from a US Employer in writing. Following that the next most important thing is the Labor Condition Application” (LCA) ETA Form 9035 with the US Department of Labor that must be submitted by your employer.
Employers can now do this online for an immediate response from http://www.lca.doleta.gov.
So, in theory, and official job offer in writing and the ETA 0935 form, enables you to then apply directly to the US Consulate for the E3 Visa. This is the significant difference with the H-1B. Combined with the fact that the only cost is the Visa Issuance Fee (which is AUD$130), makes the process much quicker and cheaper for your potential employer.
For my employer, they chose to use an Immigration Law Firm to assist in the process. There are reasons both for and against, however it does ensure that professionals are checking all information being submitted, but does slow down the process.
The Appointment Process
When my paperwork finally arrived, about 2 weeks after the official offer, the go was the wait time for interview would be 1-2 days but when I made my appointment on the Visa Information Website it was 2 1/2 weeks. Refer to Visa Wait Times. This was a big problem, as I’ve been planning for some time to attend the MySQL Camp being held at Google HQ, and my interview is now 2 days before I had planned to fly out. This basically meant I wouldn’t be able to go, as it takes 2 days to get the visa (issued next day plus a day for postage), as well as the “don’t make any firm plans before you obtain your visa” statement.
The Appointment confirmation email did however say:
For emergency or expedited appointments or to change an appointment you may fax the consular section at: (02)9373-9185 or email your request to: sydneyinterviews@state.gov. This may be useful for students who may be trying to enter the United States to begin a school term.
So I made a request for an expedite appointment, getting an automated email response initially, however following the weekend I got a response and an interview three days later. Woot!
I had then book flights to travel to Sydney (90 min flight). I had to stay in Sydney overnight as my appointment was 8am and I was to be at the US Consulate 15 minutes before appointment. I had the costs of parking at the airport for a day, the transport from the airport to the hotel, to the US Consulate, back to the hotel, then back to the airport to get this visa.
Now with the required forms included:
- Your original current passport
- One passport-sized photograph of you (it must be 25mm x 25mm, which is not the Australian size)
- One completed G-28 Form (legal representation form)
- One completed DS-156
- One completed DS-157
- Copy of approved Form ETA-9035, that is annotated for E-3 Visa.
- Copy of Backelor’s degree and university transcripts
- Copy of educational evaluatin confirming you have the equivalent of a Bachelor degree from an accredited U.S. University
- Employer letter of offer
- Original cash register receipt from Australia Post for AUD $130
- Self-addressed Express Post Platinum envelope, Registered Post envelope, or courier satchel
- Printout of your consular appointment
- Documents confirming that your intent is to remain in the U.S temporary and that you have ongoing ties to Australia.
In addition it was recommended I take:
- Original Bachelor’s degree
- Original university transcripts
For me, having done this before I also took:
- Original Birth Certificate
- Marriage Certificate & Divorce Certificate
- Previously issued passports
Now, there was just one original document I didn’t have (I only had a copy), that was in my Bank Safe Custody Box. Organising with the Bank to collect this, you have to give 24 hours notice, I got my box, then my key wouldn’t open my box. In two years, it had been deposited and only opened once. So I was then forced to close my Safe Custody Box in order to take it with me, that is, I’m going to an appointment then directly to the airport, as if I needed something more to have to carry, which I couldn’t open. Off to a hardware store, to purchase or use a tool to break in. On entry I ran into a key smith that when asking was more then happy and willing to break in. After some time here, unsuccessful in picking the lock and resorting to bolt cutter, he took three step back, raised his arms and said “Step away now” making a clear emphasis that he wanted nothing to do with what happened next. It was really scary for me to remove all the documents stored, now also having to be lugged off to Sydney.
Anyway, an uneventful and ontime flight, we fast forward to the next day. Of course you can’t take anything with you to the Consulate, so I had to leave my bag, including clothes, Phone, MP3 Player etc at my hotel, and collect after my interview.
The Appointment
I’ve been to the US consulate before so I’ve had some experience here. Unfortunately the process is even now more strict. You start with a line to get to the security check, about 15 mins. Now I was there at about 7:50am, 5 minutes after the office opened at 7:45 and already there was a line of 20 people. After security, you are told to sit down in rows of 7 or 8. Then 10 minutes later the line infront gets up and are matched into a lift, and you are then moved to the first line. I was in the second chair. Another 10 minutes and then you are in the lift. Of course when you get out of the lift, there is another line, as as you are at the back of the lift, the people behind you in the line are now in front. Another 10-15 mins in another security line, another metal scanner, you get into the US Consulate where you take a number and sit down. At this time, much like the first time, the time of the appointment is really useless, I’m not in front of the people that have 8:15am, 8:30am or 8:45am appointments.
You sit, you wait, you are first called to provide all your paperwork, then you sit and you wait. The last time the room was very quite, nobody knew anybody else, this time there were a lot of Qantas ground crew and probably new flight attendents so there was a lot of talking and noise. If fact at one time, a person behind a counter asked everybody to talk more quitely. My second call up was for the “interview process”, a couple of stock questions like “Are you travelling by yourself?”, “What does the company do?”, “Why are you wanting to work in the US”. Then it’s done, I’m told “My visa will be issued tomorrow”. So that’s all I do, now I have to wait.
My previous experience in getting an interview was over 5 hours, so I had to book a return flight later in the day just in case. Given I was out in 90 minutes, I was able to return to the airport, pay another $100 as penalty for changing my ticket to an earlier flight. Not having any checked luggage really helped.
The Wait
Not being able to wait even longer before I can do the necessary things, like give notice for my Rental Lease, book and pay for flights, cancel everything, pack and move, I make the decision to commence these proceedings, commencing with my flight. Now, my interview was Thursday, and my Visa was to be processed Friday, so I had to wait until Monday to receive in the mail. My passport is being returned in a Platinum Express Envelope, which both is guarenteed to be by 12pm (or you get a free one), and you must sign for it. TIP: Don’t organise interviews on Thursday or Friday.
Get my flights, cancel my Rental Lease but nothing else just yet. Start packing, with my plan to store everything the middle of next week.
So Monday finally arrives, and I head to my Post Office box to collect my passport, it’s 9:30am, and it’s not there. Surely, posted Friday it would have travelled over the weekend, and be sorted first thing (sorting is usually done by 7:30am). Ok, a few deep breaths, I’ll just wait until 12 midday.
My Passport, where is my Passport?
12 midday comes around, is 12:10pm I goto my mailbox, and it’s still not there. Ok, perhaps it was delivered to the Post office two doors down and they are busy, and it’s not got to my Post Box yet, the sorter only works 1/2 days. Walk into the Post Office. The person infront of me is a courier, has his clipboard, and on top is my envelope. I wrote it, and I can clearly see my name in my writing, so I say “Your late”, to a response of “Huh!”. I explain, I was just checking my PO Box for that exact package you have there, I expected it by 12 midday. Anyway, he goes ok, well here it is, please sign here. “Do you want to see my id?” (as this is a requirement I’m assuming), “No, that’s ok”. So I sign and thank God that somebody less savory didn’t try the same stunt and end up with my passport, and all the planning for the next few years of my life.
As you can imagine, I’m rather freaked, I could have been really screwed. Anyway, have passport with E3 Visa, start cancelling everything before spending a relaxing few hours by the pool with my neighour and new friend Kim, that I really have not had a chance to get to know better (her boyfriend would not be happy), but at least we got to spend some time talking about life, goals and who we are. It was a real highlight to the end of a stressful and emotional last few days with all the seeing of people over the weekend.
My Timetable
| Mon 02-Oct-2006 | Job Offer |
| Thu 19-Oct-2006 | Receive Documentation |
| Thu 19-Oct-2006 | Make appointment, given appointment date on 6-Nov-2006 @ 9.00am |
| Fri 20-Oct-2006 | Email request for expedite appointment |
| Mon 23-Oct-2006 | Receive revised appointment date of 26-Oct-2006 @ 8:00am |
| Thu 26-Oct-2006 | Interview. told my visa will be issued 27-Oct-2006 |
| Fri 27-Oct-2006 | Made flight bookings, assuming I’m getting my visa!!! |
| Mon 30-Oct-2006 | Get my passport in the mail, with my E3 Visa |
| Fri 3-Nov-2006 | On plane heading to the US |
