E-3 to Green Card

[TylerR 0]

What’s the process of going from an Australian E-3 visa to an EB green card, considering the E-3 isn’t dual intent? What does the typical path look like for Aussies (excluding DV lottery)?

[appleblossom 3,392]

2 minutes ago, TylerR said:

What’s the process of going from an Australian E-3 visa to an EB green card, considering the E-3 isn’t dual intent? What does the typical path look like for Aussies (excluding DV lottery)?

 

It would depend on the EB category - you’d need to find out from your employer (or more likely, their immigration lawyers) which category they intend to petition you for. 

[TylerR 0]

2 minutes ago, appleblossom said:

 

It would depend on the EB category - you’d need to find out from your employer (or more likely, their immigration lawyers) which category they intend to petition you for. 

That’s the question, are they even able to file at all? Since the E-3 is a non-immigrant, temporary visa, it’s not intended for immigration.

 

I’m just trying to figure out, if an Aussie moves to the U.S. with no intention of immigrating, but after his first E-3 renewal (after two years) decides they want to stay permanently, there’s gotta be some way to make that happen, right? The specific EB category doesn’t really matter to me at this point. I just want to know if an Aussie (or his employer) can file for any EB visa without running into issues with his E-3 visa, since he now has immigration intent

[Boiler 46,336]

Of course they can.

 

Will need AP to travel.

[appleblossom 3,392]

3 minutes ago, TylerR said:

That’s the question, are they even able to file at all? Since the E-3 is a non-immigrant, temporary visa, it’s not intended for immigration.

 

I’m just trying to figure out, if an Aussie moves to the U.S. with no intention of immigrating, but after his first E-3 renewal (after two years) decides they want to stay permanently, there’s gotta be some way to make that happen, right? The specific EB category doesn’t really matter to me at this point. I just want to know if an Aussie (or his employer) can file for any EB visa without running into issues with his E-3 visa, since he now has immigration intent

 

OK, you asked about the process, which will vary depending on category, so there is no ‘typical path’. 

 

In an ideal world you’d go for another visa i.e. L. But yes, it’s possible, as long as the intent isn’t there when you enter on the NIV. 

[TylerR 0]

7 minutes ago, Boiler said:

Of course they can.

 

Will need AP to travel.

 

6 minutes ago, appleblossom said:

 

OK, you asked about the process, which will vary depending on category, so there is no ‘typical path’. 

 

In an ideal world you’d go for another visa i.e. L. But yes, it’s possible, as long as the intent isn’t there when you enter on the NIV. 

Okay, good to know, thanks! 
So, I’d assume it’s the same for other visas like the E-1, E-2, or pretty much any non-immigrant visa, right?

[appleblossom 3,392]

13 minutes ago, TylerR said:

 

Okay, good to know, thanks! 
So, I’d assume it’s the same for other visas like the E-1, E-2, or pretty much any non-immigrant visa, right?

 

No, with dual intent visas you’re allowed to have immigrant intent when you enter. 

[TylerR 0]

18 minutes ago, appleblossom said:

 

No, with dual intent visas you’re allowed to have immigrant intent when you enter. 

So it’s really just about your intent when you first enter the U.S.? Like, if you’ve been there for a year or two and your intent changes, that’s totally fine?

[Boiler 46,336]

As is often said on here intent can change at baggage reclaim.

[TylerR 0]

Thanks, that's really good to know!! Thanks a lot!

[appleblossom 3,392]

1 hour ago, TylerR said:

So it’s really just about your intent when you first enter the U.S.? Like, if you’ve been there for a year or two and your intent changes, that’s totally fine?

 

Yep. To be safe you’d just need to make sure there is nothing obvious to disprove that i.e. that your contract doesn’t say your company will sponsor you for a GC on x date, or that you give up your Australian ties etc. 

[TylerR 0]

2 hours ago, appleblossom said:

 

Yep. To be safe you’d just need to make sure there is nothing obvious to disprove that i.e. that your contract doesn’t say your company will sponsor you for a GC on x date, or that you give up your Australian ties etc. 

Thanks, that's really good to know! Thanks a lot!