The E-3 Visa: The Visa for E-Visa Holder Dependents
How can I demonstrate to USCIS that I qualify for an E-3D visa?
First, you must also be able to show that the principal applicant is the recipient of an E-3 visa. Then the consular officer must be able to see that an established relationship exists between you and the principal E-3 visa holder. A marriage certificate is usually sufficient proof for spouses or a birth certificate for dependent children.
How do I submit an E-3D visa application to travel to the United States?
Each dependent must submit his or her own separate visa application. This involves a similar process to the principal applicant’s application. Each applicant will have to submit the required forms, pay the application fee, and schedule a visa interview with a U.S. consular officer. A copy of the visa or the principal applicant’s USCIS Approval Notice for E-3 status in the U.S. should be included with the dependent’s application to prove that the principal applicant is the recipient of an E-3 visa. A dependent may apply separately once the principal applicant’s E-3 visa has been issued, or he or she can apply at the same time as the principal applicant.
May spouses and children work on the E-3D visa?
E-3 spouses may be granted an Employment Authorization Document through U.S. Citizenship and Immigration Services, or USCIS. Spouses with this authorization are entitled to work in the United States in a full time, part time or casual work schedule. Spousal employment need not be in a specialty occupation. Children on an E-3D visa are not permitted to work. Please contact JCS Immigration and Visa Services if you need any assistance with obtaining your E visa dependent visa or a work permit. Our experienced Los Angeles immigration attorneys are ready to help you today! [LINK TO CONTACT JCS]
Can a “de-facto” partner apply for the E-3D visa?
For immigration purposes, the United States does not recognize de facto or common law relationships. Unfortunately, a common law or de facto spouse cannot apply for the derivative visa of the principal applicant, except for a very few limited instances involving Official visas. To accompany a partner, the applicant must:
- Independently qualify for a work, study or exchange visa. Further details on these types of visas can be found on the website of the U.S. Embassy located in Australia, [LINK TO http://canberra.usembassy.gov/niv_visa_categories.html] or
- Qualify for a U.S. tourist visa. The length of stay permitted for visitors is determined by the Immigration Officer at the port of entry and generally, the maximum amount of time a traveler is permitted to stay in the United States on initial entry is 180 days.
Can I extend my U.S. visa with USCIS?
Yes. You may request an extension of your U.S. visa by filing an application for extension with U.S. Citizenship and Immigration Services, USCIS. This request should be submitted to USCIS as early as possible, but at least two months before the departure date stamped on your arrival/departure record. Please contact JCS Immigration and Visa Services for expert legal counsel if you need any assistance with obtaining your visa. [LINK TO CONTACT JCS] Further details on B-1 or B-2 visas can be found at [LINK TO B VISAS]