It's worth noting that the H1B is not the only type of visa that exists for hiring developers. Australians are able to use the E3, which is like a H1B but only available to Australians. Consequently it's easier to get, as long as you have a degree/work experience.
I came here to post this because most people don't know about it.
It has some key differences to the H1B however:
- It is a 2 year visa (H1B is 3 year) and renewable indefinitely (typically H1Bs allow one renewal);
- The E3 by default is a multiple-entry visa;
- Renewing the visa inside the US is a huge pain. It takes months from USCIS and it's more expensive than obtaining a new visa (which can only be done outside the US);
- You don't renew your visa, you renew your status. This means if you leave the US after the visa expires but your status has been renewed you have to get a new visa anyway;
- The H1B visa requires a labor certification for the position and "proof" that you were unable to find a domestically qualified candidate. The E3 visa only requires the labor certification so has a much lower barrier to entry.
Technically, you can't renew an existing E3 visa. You must re-apply, and as I learned a few months ago going through the process, the subsequent visas will be E3R. Also, and E3D is apparently easy to obtain. It allows "dependents" (spouse, children) to accompany you to the US, even permitting them a small amount of part time work.
In addition, an E3 does not allow "dual intent". i.e. you may not seek permanent status in the US while holding an E3 visa. This means no Green Card applications, including the Green Card Lottery.
One other thing that may not be unique to the E3, but is worth understanding is that your tenuous presence in the US is bound to the employment quite tightly. If you quit your job, or are let go (startup winds up, etc), you must exit the US within 10 days. That's 10 days to pack up your things and leave the country.
> even permitting them a small amount of part time work.
The E3D lets a dependent of an E3 visa holder obtain an Employment Authorization Document (EAD). Once obtained, the EAD allows the dependent to work in a regular full time job - it's not restricted to a 'small amount of part time work'.
Interesting, I've read conflicting reports about dual intent - do you have any sources? I'd provide mine but it would require a lengthy google session to retrace my steps :)
There is a way around it on E3 but also a high chance the consular officer will decline you. Best to get a green card on a H1B. Use E3 as a way in (for Aussies), then transfer to H1B and apply for Green Card IF you believe its worth it. Remember the US government can tax you up to 10 years after you have given your green card back should you want to go home..
obviously off-topic, but could you please clarify (and may be post some links?). Does this means, that if I now cancel my greencard and leave usa back to my home country, up to 2022 usa irs will have some rights on my income?
If you move back to say Australia there are still negative tax consequences in so far as some Australian tax strategies that are quite beneficial will have those benefits negated when the US tax system is brought into account.
This will vary from individual to individual so seek a professional tax agents advise for your situation.
"An application for initial admission, change of status or extension of stay in E-3 classification, however, may not be denied solely on the basis of an approved request for permanent labor certification or a filed or approved immigrant visa preference petition."
So, you can enter the DV lottery, or apply for an employment based green card. But you still have to be able to prove you intend to return to your home country at your next E3 interview which is something you have to do anyway but I guess it would be a bit harder than if you had no GC applications.
The process is easy and I didn't have any problems at all. All I needed was a degree (any university degree) and to be offered a job formally for a 'professional' position.
6 months into my employment here in seattle, I realized the role was completely different to what I was hired as ('consultant' sucking up money from microsoft vendor contracts) and no real design and development. So i got an offer from another company and left. I thought this would be a nightmare but as long as your not unemployed less that 10 (or was it 15) days you can submit to make adjustments to the visa. I am now happily with another company in seattle and going on 1 year in the USA.
Any regrets? Yes. Healthcare is too expensive. My wife is having a baby in february and even with insurance it will cost us about $5000. In australia it would have been free and the government would have paid us a baby bonus of $5,500.
If anyone has any questions about the process email me at lukemh *at gmail.com
Depends on your private insurance. If private is via the company the costs should not be more then your co-pay (few bucks). The baby bonus in OZ definitely helps.
How long did it take to hear back from USCIS about changing your E3 to a new employer? I've heard it can take months in the worst case, or weeks in the best case. I long thought that bouncing out of the country and getting a new visa would be easier and I've heard of people doing that when changing employers. I'm guessing you either had a flexible new employer who was prepared to wait for you, or that waiting to hear back from USCIS isn't even necessary - you're actually allowed to start work for your new employer as soon as the LCA is approved?
It took about 3-4 months. I did not leave the country and started with my new employer within the 10 days. My new employers' lawyer lodged the I-129 (application for change) during employment with the first employer and I started with the new before the approval came back under advisement of the lawyer. If it came back rejected I suppose I would have had to leave pretty quick.
That's great to know. You probably just saved me and my wife a few grand and a lot of hassle bouncing in and out of the country! This is a great visa, but it seems (to me, at least) like they rushed thru defining some parts of it.
