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AILA InfoNet Doc. No. 05092963 (posted Sep. 29, 2005) INFORMATION FROM DOS ON E-3 VISA PROCESSING: The Visa Office has informed AILA that the following documents will be required to establish eligibility for E-3 visa issuance: - an original or photocopy of a certified ETA 9035 Labor Condition Application form bearing a DOL certification date later than September 2, 2005 (MUST use the mail-in ETA 9035);
- evidence of academic or other qualifying credentials to establish the applicantÍs eligibility for E-3 visa issuance, such as a certified copy of a U.S. baccalaureate or higher degree, a certified copy of a foreign equivalent degree, with any necessary translation and evidence of equivalency; or evidence that the applicant possesses education and experience that is equivalent to a U.S. degree;
- a letter from the employer or other documentation establishing that the applicant will be engaged in qualifying work in a specialty occupation and that the application will be paid the actual or prevailing wage required by INA Section 212(t)(1);
- evidence establishing that the applicantÍs stay in the U.S. will be temporary. (See 9 FAM 41.51 N16.6);
- a certified copy of any required license or other official permission to practice the occupation in the state of intended employment, if necessary, or, if permitted evidence that the applicant will be obtaining the required license or permission within a reasonable time after admission;
- evidence of payment of the Machine Readable Visa fee.
DOL requires the filing of the ETA 9035 by mail; neither the FAX nor the ETA 9035E is acceptable. 70 FR 41430, 41432, 41434, July 19, 2005. Please note that the DOL requires the LCA to bear the notation "E-3 Australia to be processed" at the top of each page. The E-3 LCA is submitted to: United States Department of Labor Employment and Training Administration, Division of Foreign Labor Certification Temporary Programs, Room C4312, 200 Constitution Avenue, N.W. Washington, D.C. 20210 DOS further informs AILA that a post may require a visa applicant to submit an original certified LCA in the event post suspects the veracity of the copy presented with the E-3 visa application. Updated guidance will be sent to posts by the end of the week, to be followed shortly by a revision to be the FAM. Until then, should there be questions regarding the LCA, DOS suggests attorneys and applicants asks post to seek an advisory opinion.
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