DOS E-3 Regulations Being Finalized - DOL Issues Notice Posted Jul 22, 2005 The U.S. Department of State (DOS) indicated on July 8, 2005, that they have drafted regulations for the new E-3 visas. There is a pending DOS rule, submitted on July 19, 2005 to the Office of Management and Budget (OMB), that is presumed to affect E-3s. The contents of this regulation are unknown. As regular MurthyDotCom and MurthyBulletin readers are aware, this category is only for Australian nationals seeking to come to the United States through employment sponsorship in positions that qualify as specialty occupations. For more information about E-3 visas, see our May 13, 2005 MurthyBulletin article, Australians May Be Eligible for New E Visa Status, available on MurthyDotCom. ©MurthyDotCom The DOS has indicated that the draft regulations are being reviewed by other interested government agencies. At the same time, the DOS is in contact with the Australian government to determine what reciprocal benefits Australia is willing to provide to U.S. citizens and nationals. The DOS is hoping to have the regulations available for the public in approximately two months, though there is no guarantee that Australians will be able to enter the United States in E-3 status within two months. Except for the slightly longer timeframe, this information is consistent with that reported in our July 8, 2005 MurthyBulletin article, E-3 Visa Issuance Expected for Australians in August 2005, also available on MurthyDotCom. ©MurthyDotCom The U.S. Department of Labor (DOL) confirmed in a July 19, 2005 Notice in the Federal Register, that they are coordinating with other federal agencies regarding E-3s. In the interim, the DOL will accept a Form ETA 9035, the H1B and H1B1 Labor Condition Application (LCA) form, for E-3 wage certification applications. The DOL has indicated that those intending to use this application should print "E-3 – Australia – to be processed" at the top of each page in blue or black ink and file the completed LCA with the DOL's National Office. ©MurthyDotCom We at The Law Office of Sheela Murthy will continue to follow this important issue for MurthyDotCom and MurthyBulletin readers. The E-3 status will be particularly helpful when the H1B cap is met for Fiscal Year 2006, possibly later in 2005. Nationals of Australia then will have a benefit somewhat similar to the H1B1 for nationals of Chile and Singapore. Nationals of Australia then will have a benefit somewhat similar to the H1B1 for nationals of Chile and Singapore. Citizens from these countries are each given separate consideration for status, whether approval with just establishing specialty occupation with E-3s, or approval with special cap status for Chile and Singapore. © 2005 The Law Office of Sheela Murthy, P.C. All Rights Reserved
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