Ruqayyah Snyder
If you're an Australian citizen considering moving to the United States and becoming a US citizen, there are several pathways to explore. One option is to obtain an E3 visa, which is a non-immigrant visa specifically for Australian citizens seeking specialty occupation jobs in the US. This requires a valid job offer and a labour condition application. Another option is to marry an American citizen and obtain a marriage-based green card, which can lead to naturalisation and US citizenship. It's important to be aware of key considerations such as the US health system, drinking and dining norms, and the cost of living.
| Characteristics | Values |
|---|---|
| Visa Type | E-3 Specialty Occupation Visa |
| Visa Requirements | A valid job offer from a US employer, a bachelor's degree or higher in a specific specialty, and a Labor Condition Application issued by the US Department of Labor |
| Application Form | Form I-129, Petition for Nonimmigrant Worker |
| Supporting Documents | Academic or other credentials demonstrating qualifications for the position, job offer letter or other documentation from the employer |
| Spouse Requirements | Spouses of E-3 workers are eligible for dependent E-3 classification and are considered employment-authorized; they may file Form I-765 to obtain an Employment Authorization Document |
| Child Requirements | Unmarried children under 21 years of age are entitled to dependent E-3 classification, but they may not be employed in the United States |
| Other Considerations | US health system, drinking and dining norms, living expenses |
| US Citizenship Pathways | Marriage to a US citizen, employment-based immigration, or naturalization |
| US Citizenship Requirements | Proof of bona fide marriage, valid Green Card for a specified time, parent(s)' evidence of US citizenship, marriage certificate, evidence of termination of previous marriages, photo ID, passport photograph, self-addressed envelope |
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What You'll Learn
Marriage to a US citizen
Marrying a US citizen does not automatically grant US citizenship to the foreign spouse. The process of obtaining citizenship is detailed and requires meeting specific legal requirements. The first step towards US citizenship through marriage is obtaining a partner visa. There are two types of partner visas: a Temporary Partner Visa (Subclass 820) and a Permanent Partner Visa (Subclass 801). The temporary visa allows the spouse to live in the US while their permanent visa application is processed. The temporary visa grants the right to live, work, and study in the US, as well as access to public healthcare. Applicants must provide evidence of a genuine and ongoing relationship with their US partner.
The permanent visa is typically granted two years after the temporary visa, provided the relationship is still ongoing. Once the foreign spouse has obtained a permanent partner visa, they can begin the process of applying for US citizenship. One of the key requirements for citizenship is meeting the residency criteria. According to the Australian Citizenship Act 2007, the applicant must have been living in the US on a valid visa for the past four years and have been a permanent resident for at least the last 12 months. They must not have been absent from the US for more than 12 months in total during the four years and no more than 90 days in the 12 months before applying.
Another crucial step in the citizenship application process is passing the citizenship test. This test assesses the applicant's knowledge of the US, its values, history, and government, as well as the responsibilities and privileges of being a US citizen. The test is in English and consists of multiple-choice questions. It is recommended that applicants seek professional advice when applying for a partner visa to ensure they meet all the relevant requirements and have the best chance of a successful outcome.
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Employment-based immigration
If you are an Australian citizen and want to immigrate to the US for employment, you can apply for a nonimmigrant visa under the E-3 Specialty Occupation Worker classification. This visa is specifically for Australian nationals who will be performing services in a specialty occupation in the United States. A specialty occupation requires the theoretical and practical application of highly specialized knowledge, typically requiring a bachelor's degree or higher in the specific specialty or its equivalent as a minimum for entry into the occupation.
To apply for this visa, you will need to submit the following documentation:
- Form I-129, Petition for Nonimmigrant Worker, which is used to apply for a change of status to or an extension of stay in the E-3 nonimmigrant temporary worker classification.
- A Labor Condition Application (LCA) that indicates that it has been filed to support an E-3 classification.
- Academic or other credentials demonstrating qualifications for the position.
- A job offer letter or other documentation from the employer establishing that you will be engaged in a specialty occupation and that you will be paid the higher of the actual or prevailing wage.
Additionally, your spouse and unmarried children under 21 years of age are entitled to dependent E-3 classification. However, children of E-3 workers may not be employed in the United States. Spouses of E-3 workers in valid E-3 or E-3S status are considered employment-authorized incident to status.
If you are already in the United States and want to change employers while remaining in the country, your new employer must obtain a certified Labor Condition Application for the position and properly file a Form I-129 petition. The Form I-129 petition must be approved before you are authorized to work for the new employer.
For the latest information on immigration and citizenship, it is recommended to refer to the Department of Home Affairs website or contact the Global Service Centre.
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E-3 specialty occupation visa
The E-3 specialty occupation visa is a non-immigrant visa that allows Australian citizens to enter the United States to work in a specialty occupation. This visa is only available to Australian nationals and their spouses and children under 21 years of age. To qualify for this visa, the applicant must demonstrate that they meet the academic and occupational requirements for the specialty occupation, including having a bachelor's degree or higher in a specific specialty field or its equivalent. The job in the United States must also require a minimum of a bachelor's degree in the specialty occupation.
To apply for the E-3 visa, applicants must provide the following documentation:
- Form I-129, Petition for Nonimmigrant Worker, which is used to apply for a change of status or an extension of stay in the E-3 classification.
- A Labor Condition Application (LCA) that indicates support for an E-3 classification.
- Academic credentials, such as a bachelor's degree or higher, demonstrating qualifications for the specialty occupation.
- A certified copy of any required license or official permission to practice the specialty occupation in the intended state of employment. If the license is not available prior to entry into the United States, the applicant must show that they will obtain it within a reasonable period after admission.
- A job offer letter or other documentation from the employer confirming that the applicant will be engaged in a specialty occupation and will be paid the prevailing wage for that occupation.
- Evidence of the established relationship with a spouse or birth certificates for dependent children. Spouses of E-3 visa holders are eligible to work in the United States and may apply for an Employment Authorization Document (Form I-765).
It is important to note that the E-3 visa is not appropriate for trade positions, as very few of these jobs require a bachelor's degree. Additionally, there is no definitive list of occupations eligible for the E-3 visa, but applicants can refer to the Occupational Information Network website O*NET Online to determine if their occupation qualifies as a graduate specialty profession.
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Application forms and supporting documentation
The application process for US citizenship from Australia involves several steps, and the specific forms and documentation required may vary depending on individual circumstances. Here is an outline of the key application forms and supporting documents typically needed:
- Form I-129 (Petition for Nonimmigrant Worker): This form is crucial for Australians seeking an E-3 visa, which is a unique non-immigrant visa category specifically for Australian citizens. The E-3 visa is designed for those accepting a job offer in a specialty occupation in the US, requiring a bachelor's degree or higher in a specific field. Form I-129 is used to request a change of status or an extension of stay within the E-3 classification.
- Labor Condition Application (LCA): This application must be certified by the US Department of Labor and filed in support of an E-3 classification. It indicates that the employer has met specific requirements, including paying the prevailing wage for the occupation and providing safe working conditions.
- Academic Credentials and Job Offer Letter: Along with the LCA, applicants for the E-3 visa must provide evidence of their qualifications for the specialty occupation. This includes academic credentials, such as a bachelor's degree or higher, and a job offer letter from the US employer confirming that the position meets the specialty occupation criteria.
- Marriage-Based Green Card Application: For Australians who marry a US citizen, obtaining a marriage-based green card (commonly called a "spouse visa") is often the first step towards US citizenship. The application process typically requires proof of a bona fide marriage, such as a marriage certificate.
- Naturalisation Application: After holding a green card for a specified period, usually three years or more, spouses of US citizens can apply for naturalisation. This process may involve additional qualifications, such as demonstrating good moral character and passing a civics and English test.
- Passport and Identity Documents: Applicants for US citizenship will need to provide their passport from their country of origin, as well as other forms of identification, such as a driver's license. A US-sized passport photograph is also typically required.
- Evidence of US Citizen Parent(s): For those claiming citizenship through parentage, evidence of the US citizenship of one or both parents is required. This can include a US passport or naturalisation certificate. Additional documentation, such as a marriage certificate and proof of termination of previous marriages, may also be necessary.
- Physical Presence Requirement: In the case of citizenship claimed through parentage, documentary evidence of the US citizen parent's physical presence in the United States before the child's birth is needed. This can include academic transcripts, employment records, US military service records, or wage and tax statements.
It is important to note that this list may not be exhaustive, and specific requirements can vary based on individual circumstances. Therefore, it is always advisable to refer to the official websites of the US government and the US Embassy in Australia for the most up-to-date and comprehensive information.
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US health system and insurance
The US health system can be defined as a mixed system, with publicly financed government Medicare and Medicaid coexisting with privately financed health insurance plans. Unlike most developed nations, the US health system does not provide universal healthcare coverage to its entire population. Medicare is available for adults over 65 and certain residents with disabilities, while Medicaid is available for some low-income adults and children. There is also the Children's Health Insurance Program (CHIP) for low-income children. Additionally, the federal government provides healthcare for active military personnel through the Military Health System and for veterans through the Veterans Health Administration. The Indian Health Service (IHS) operates facilities for Native Americans from recognised tribes.
The Affordable Care Act (ACA) was introduced to expand coverage, address affordability, improve quality and efficiency, lower costs, and strengthen primary and preventive care and public health. The ACA allocated $10 billion over 10 years to the Center for Medicare and Medicaid Innovation to improve the quality of and reduce the costs of Medicare and Medicaid services.
Public and private hospitals receive payment from both public and private financing sources. Hospitals are typically paid through diagnostic-related groups (DRGs), which assign a set payment amount for a particular condition or treatment sequence. Medicare, for example, pays hospitals a fixed amount based on the DRG, regardless of the actual cost of treatment. The DRG-based payments cover accommodation, procedure, support staff, and drug/medical device costs, but not physician fees. Private insurers pay hospitals based on DRGs, case rates, per diems, fee-for-service, and/or discounted fee-for-service schemes. On average, these payments exceed the hospital's costs of providing the underlying services.
In the outpatient setting, Ambulatory Payment Classification (APC) codes are used by the hospital system for billing and reimbursement. These APC codes represent a fee-for-service style of billing. When billing for physicians and other clinician fees, Current Procedural Terminology (CPT) codes are used and are billed under the name of the provider rather than the hospital. CPT codes may be used in both inpatient and outpatient settings and indicate a fee-for-service healthcare reimbursement structure.
In 2017, data showed that end-of-life care in the last year of life accounted for about 8.5% of hospital-associated care, while the last three years of life accounted for about 16.7%. As of 2018, 8.5% of the population had no health coverage. Annual per capita health expenditures in the United States are the highest in the world, with healthcare costs growing between 4.2% and 5.8% annually over the past five years.
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Frequently asked questions
Marrying an American citizen is the fastest way to gain citizenship. This involves obtaining a marriage-based green card, commonly known as a "spouse visa". With the Green Card, the spouse can apply for naturalisation and become a U.S. citizen.
The E3 visa falls under the non-immigrant visa category, which can only be acquired by an American citizen. It is meant for Australian citizens seeking an H-1B visa speciality occupation job in the US. For an E3 visa, you will need a valid job offer from a US employer and a labour condition application issued by the US Department of Labour.
US citizen parents' evidence of US citizenship (US passport or naturalisation certificate), marriage certificate, parents' registered marriage certificate (if applicable), evidence of termination of parents' previous marriage(s) (if applicable), documentary evidence of physical presence in the US before the child's birth, and photo ID (e.g. foreign passport, driver's license).
