Australians who are working in the United States on an E-3 Visa and wish to remain here permanently do not face some of the hurdles that other visa holders do -- but must still find some grounds upon which to apply for an adjustment of status.
What Is an E-3 Visa?
An E-3 visa is a relatively new one, available since 2005. It allows Australians to work in the United States in specialty occupations. The visa is issued for two-year periods and can be renewed indefinitely for as long as the job still exists and is not determined to be permanent. The spouses and minor, unmarried children of the E-3 visa holder may also come to the U.S., and the spouse may accept U.S. employment.
May E-3 Visa Holders Seek U.S. Permanent Residence?
Unlike many other visa holders, the holder of an E-3 visa does not need to hide the fact that he or she intends to pursue legal residence in the United States (referred to as "dual intent"). Of course, you're not allowed to come to the U.S. on an E-3 with the idea that you'll never return home under any circumstances, not even if you have to stay here illegally -- that will get you a quick denial of your visa. But intending to stay in the U.S. legally, if and when you find a means to do so, is okay.
Qualifying for a U.S. Green Card
The question is on what grounds the E-3 visa holder (or his or her spouse) may be eligible for a green card. You will need to check out the same eligibility criteria that everyone else does -- having held an E-3 visa does not offer any direct, inside route to a green card.
One of the most common ways that people qualify for U.S. green cards is through employment. If you've been offered a job that requires special skills or education, which no United States citizen is qualified, willing, able, and available to perform, you may have a shot. The employer (your current one, or a new one) must be willing to file the application for you and show that you meet the qualifications for permanent residency and employment. This is a long and involved process.
Another common path to a green card is through family, for example if you were single, and were to marry a U.S. citizen.
Legal Assistance
If you're hoping to obtain a U.S. green card from an E-3 visa, your best bet is to consult with an immigration lawyer to help strategize and assist with the application process.
