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Many people working in the USA on an H1B visa are interested in applying for Australian permanent residency (PR) and moving to Australia. It is possible to apply for an Australian PR and continue working in the USA on an H1B visa. The Australian PR process is based on a points system that favours highly skilled and educated people, offering extra points for English language proficiency. If you are planning to apply for Australian PR from the USA, it is a good idea to consult a Registered Migration Agent to find out your options.
| Characteristics | Values |
|---|---|
| H1B visa stamping in Australia with Indian passport | Yes, you can apply for an H1B visa stamp with an Indian passport at any Australian US embassy |
| Where to apply for H1B visa stamp in Australia | Sydney, Melbourne, Perth, Canberra |
| Processing time for H1B visa stamp | 4-5 days if there is no form 221g admin processing required |
| Visa interview appointment waiting time in Australia | 30 days |
| US work authorization affected by PR in another country | No, US work authorization is not affected by PR in another country |
| Work remotely from Australia | Yes, but if you cross 180 days, tax residency laws will come into play |
| Time to live and work in Australia before applying for citizenship | 4 years |
| Time to live and work in Canada before applying for a passport | 3 out of the last 5 years |
| Visa to return to the US after migrating to Australia or Canada | E3 visa |
| Visa to return to the US after migrating to Canada | TN visa |
| Dual intent allowed with TN and E3 visas | No |
| Dual intent allowed with H1B visa | Yes |
| Required documents for visa application | Biometrics, police certificate from each country where you have lived for a total of 12 months or more in the last 10 years since turning 16 years old, FBI clearance, court papers listing the outcomes of any charges, documents associated with arrest, time served and release, written statement detailing each arrest/offence/conviction |
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What You'll Learn
Visa interview questions and requirements
The H-1B visa interview typically takes place at a U.S. consulate or embassy outside of the United States. For first-time H-1B applicants, this is usually the consulate closest to the city in which you maintain a foreign residence. You can apply for a US H-1B visa stamp in Australia if you are visiting only for Australia 189/190 PR validation. The visa interview appointment waiting time in Australia is usually 30 days.
To obtain the H-1B visa and interview for the same, you must meet the following parameters:
- At least 12 years of work experience.
- A bachelor's degree or its equivalent.
- A valid reason to work and live in the US.
- The employer needs to file a labour condition with the Department of Labor.
During the interview, you will be asked questions related to your background, such as your education, marital status, and previous visits to the United States. The interviewer will also ask about employment details, such as your work history, your job description, and specifics about your employer/company.
- Have you ever visited the U.S. in the past?
- Have you worked in the US before?
- Have you received an H1B visa before for the employer you are applying for a visa for?
- What is your reason for your Australia visit?
Additionally, you must provide the following documents:
- A printed confirmation of your completed DS-160 online application form.
- The original letter you received confirming your interview appointment, as well as a copy.
- Copy of both your approved I-129 petition and your I-797 notice of approval form.
- A receipt for the visa fees that should have been paid in advance.
- A police certificate from each country where you have lived for a total of 12 months or more in the last 10 years, since turning 16 years of age.
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Visa application processing times
The visa application process for Australian permanent residency from the USA on an H1B visa will vary depending on individual circumstances. Processing times have been affected by the COVID-19 pandemic and international border restrictions and closures. However, as of November 2024, the Australian government has taken steps to speed up the visa processing times, and the number of applications finalized in June 2022 has increased by 10.6% compared to May 2022.
The visa application process for Australian permanent residency typically involves the collection of biometrics and may require applicants to provide police certificates from each country they have lived in for at least 12 months since turning 16. Applicants currently living in the United States may need to obtain state-wide police clearance and an FBI clearance. The processing time for visa applications can vary depending on whether the application is complete and whether further administrative processing is required.
For visa applications made in Australia, the U.S. Consulate General in Sydney processes all diplomatic and official visa applications. The standard processing time for these applications is ten business days from receiving all required documentation.
It is important to note that consular sections overseas may be able to expedite interview dates in urgent situations, such as medical emergencies. However, applicants must first submit the online visa application form, pay the application fee, and schedule the initial interview appointment before requesting an expedited appointment.
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Dual citizenship and work rights
Australia permits dual citizenship, so it is possible to become an Australian citizen without giving up your US citizenship. However, it is important to note that the US is among the countries that generally do not allow multiple citizenships. So, while you can hold on to your US citizenship while acquiring Australian citizenship, you may encounter issues on the US side.
To be eligible for Australian citizenship, you must meet certain conditions. You must be a permanent resident of Australia, have lived legally in Australia for the last four years, and have been a permanent resident for the last year. You must also not have been out of the country for extended periods during this time. If you are a US citizen, you can apply for an FBI clearance and any relevant state-wide police clearances.
It is worth noting that having the right to live and work in Australia as a permanent resident is not the same as being an Australian citizen. As a permanent resident, you typically do not have voting rights, and you do not have an Australian passport.
If you are currently working in the US on an H1B visa and are considering applying for Australian PR, it is important to be aware of the potential impact on your US work authorization and visa status. Your US work authorization is not affected by your PR status in another country. However, if you spend more than 180 days working remotely from another country, tax residency laws will come into play, and your H1B extension may be denied if you are not physically working in the US.
If you plan to maintain your US H1B job while pursuing Australian PR, you may need to return to the US periodically to comply with US immigration laws and avoid issues with your H1B extension. Alternatively, you could explore options for remote work or sponsorship by an Australian employer, but this may require additional visas or work permits.
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Police certificates and other legal documents
When applying for Australian permanent residency from the USA on an H1B visa, you must provide a police certificate or clearance from each country where you have lived for 12 months or more over the last ten years since turning 16. If you are currently living in the US, you may need to obtain both a State-wide police clearance from each state of residence in the US during the last 12 months and an FBI clearance. This includes any other names you are or have been known by or have previously been known by.
You may also be asked to provide court papers listing the outcomes and dispositions of any charges listed on the FBI clearance, US State police clearance, or other police certificates/clearances. This includes any document(s) associated with your arrest, time served, and release documents, as well as a written statement from you detailing each arrest/offence/conviction. US citizens and permanent residents can apply directly to the FBI or to one of four department-approved channelers to obtain an Identity History Summary Check.
To apply for a National Police Certificate from the Australian Federal Police, you will need to scan or photocopy your documents to attach to your application. You will also need to send details of other names you are or have been known by. In some cases, you may need to undergo a fingerprint check as part of your application.
The National Police Certificate includes several security features, such as a border on the right-hand front of the document printed in microtype and images printed in heat-sensitive ink that fade or disappear under moderate heat or friction. It is important to note that you should always request an original certificate and carefully check your personal details for any errors. If there are any discrepancies, you may need to submit a new application or complete a Disputed Record form with supporting documentation.
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Maintaining PR status and re-entry
Once you have obtained Australian permanent residency (PR), you can live, work, and study in Australia indefinitely. However, there are certain conditions tied to maintaining your PR status, especially when it comes to travelling in and out of Australia.
When you are granted a PR visa, it typically includes a travel facility that is valid for five years from the visa grant date. This travel facility allows you to leave and re-enter Australia multiple times during that period. However, if you are outside Australia when your PR is approved, your visa grant letter will likely include a "must enter by" date to "activate" your PR. If you do not arrive in Australia by this set date, your visa may be cancelled.
It is important to note that spending extended periods outside Australia can impact your PR status and eligibility for a Resident Return Visa (RRV). To maintain your PR status, you must renew your travel facility and maintain strong ties to Australia. Demonstrating an ongoing commitment to Australia is crucial, as failing to do so may result in losing your right to return as a permanent resident.
If your travel facility expires while you are overseas and before becoming an Australian citizen, you must obtain an RRV to re-enter Australia. The subclass 155 visa is typically issued for five years if you have lived in Australia for at least two of the last five years. If you do not meet this residency requirement but have strong ties to Australia, you may still be granted a shorter duration visa. The subclass 157 visa is valid for three months and is intended for permanent residents with compelling reasons for returning after being outside Australia for extended periods.
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Frequently asked questions
Yes, you can apply for Australian PR while on an H1B visa in the USA. Your US work authorization is not affected by your PR status in another country.
Australia has a merit-based system that favors highly skilled and educated people, offering extra points for English language proficiency. You will need to provide a police certificate from each country where you have lived for at least 12 months over the last 10 years since turning 16.
You will need to fill out an application and may be requested to attend an AVAC or ABCC in person to provide biometrics and submit any required documentation. The standard processing time is 10 business days from the receipt of all required documentation.
Yes, you can apply for an H1B visa stamp at any Australian US embassy or consulate in Sydney, Melbourne, Perth, or Canberra. You may be required to attend a visa interview.
US immigration law presumes that a person admitted as an immigrant will live in the country permanently. Remaining outside the US for more than 12 months may result in a loss of lawful permanent resident status.
