Damon Mcknight
If you are an Australian citizen seeking to obtain a US Green Card, there are a few pathways you can consider. One option is the Diversity Visa Lottery Program, which provides 55,000 immigrant visas annually to individuals from countries with low immigration rates to the US, including Australia. Alternatively, if you have relevant training and work experience, you may be eligible for an employment-based Green Card. Australians can also pursue a marriage-based visa if they are married to an American citizen or apply for a specialty occupation worker visa (E-3) if they have a job offer in a specialty occupation that requires a bachelor's degree or higher. Engaging the services of a US migration lawyer or migration partners company can provide specific advice and guidance on your situation, eligibility, and the best pathway to achieving your goal of obtaining a US Green Card.
| Characteristics | Values |
|---|---|
| Who is eligible? | Australian citizens |
| Visa name | Diversity Visa Lottery Program, also known as the Green Card Lottery |
| Number of visas issued | 55,000 per fiscal year |
| Application fee | None |
| Time to approval | 1-2 years |
| Other requirements | Proof of funds, police certificate, FBI clearance, biometrics |
| Visa types | Long-stay visa, short-stay visa, e-visa, tourist visa, work visa, ETA, E-3 visa, EB-5 investment visa, marriage-based visa, fiancé(e) visa |
| Visa duration | 3, 6, 12 months, or more |
| Visa fees | $105 for e-visa or short-stay visa |
| Application process | Submit required documents, meet eligibility criteria, attend interview |
| Immigration lawyers | Worldwide Migration Partners, EB5 Visa Investments |
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What You'll Learn
Eligibility criteria
Diversity Visa Lottery Program
The Diversity Visa Lottery Program, also known as the Green Card Lottery, is available to Australian citizens. Each fiscal year, the program issues 55,000 immigrant visas to individuals from countries with low historical immigration rates to the US, including Australia. There is no application fee, and applicants are chosen at random. However, it can take one to two years for an applicant to be approved, and the competition is high. Therefore, this pathway cannot be relied on as a guaranteed route to obtaining a Green Card.
Employment-Based Green Card
An Australian citizen with relevant training and work experience may be eligible for an employment-based Green Card. One pathway is the E-3 visa, a temporary work visa exclusively for Australian citizens. To qualify, Australians must have a job offer in a specialty occupation that requires theoretical and practical knowledge and a bachelor's degree or equivalent qualification in the specific field. Spouses and unmarried children under 21 years of age of E-3 visa holders are entitled to dependent E-3 classification, although children are not permitted to work in the US.
Marriage-Based Visa
Australian nationals who marry US citizens can obtain permanent residency through a marriage-based visa. To get this type of visa approved, applicants must submit accurate paperwork and provide valid proof of their marriage, such as correspondence, evidence of shared living arrangements, and financial accounts. If the marriage is not considered genuine, the applicant may face criminal penalties.
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Diversity Visa Lottery Program
The Diversity Visa Lottery Program, also known as the Green Card Lottery, is a program that offers individuals from countries with low immigration rates to the United States a chance to gain permanent residency. Each year, up to 55,000 visas are distributed through a random selection process. The application process is relatively simple and typically consists of an online form with 14 questions, requiring only a passport and no in-person procedures.
The Diversity Visa Lottery Program is open to individuals born in Australia, as eligibility is based on the country of birth and not citizenship. To apply, individuals must submit an application during the designated application window, which is usually from early October to early November. It is important to note that accuracy is crucial, as errors or multiple submissions can result in disqualification. The entire process can take up to 44 days, and it is recommended to consult an expert to ensure the application meets all requirements.
One of the key requirements for the Diversity Visa Lottery Program is that applicants must have two years of work experience in an occupation that requires at least two years of training. Additionally, applicants should ensure their photos meet the U.S. visa guidelines, as non-compliant photos are a common reason for rejection.
While the Diversity Visa Lottery Program offers a chance for permanent residency in the U.S., it is important to note that the process is highly competitive, and applicants must meet strict eligibility requirements. The program randomly selects successful applicants through a computer-generated lottery system. Therefore, it is advisable to thoroughly research the program and consult an immigration specialist to ensure all eligibility criteria are met and the application is completed correctly.
In addition to the U.S. Diversity Visa Lottery Program, there is a similar program in Australia called the Pacific Engagement Visa. This program was introduced in 2018 to strengthen ties between Australia and its neighbouring countries in the Pacific region. The Pacific Engagement Visa offers permanent residency visas to individuals from countries with low immigration rates to Australia, including Pacific nations such as Fiji, Papua New Guinea, and Vanuatu. This program also includes measures to support successful applicants' settlement in Australia, such as access to Medicare and government-funded education.
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Employment-based Green Card
To apply for a US Green Card from Australia, you must first determine your eligibility. There are two main ways to obtain a US Green Card: through family or through employment. This guide will focus on the latter.
Employment-based immigration visas, or Green Cards, allow skilled migrants to gain lawful permanent residence in the US. There are five types of employment-based Green Cards, each with specific requirements and eligibility criteria.
- EB-1 - For multinational executives or managers, or individuals with exceptional experience and ability in specific fields, such as science, art, education, business, or sport.
- EB-2 - For professionals in certain professions, including medicine, science, and teaching, who hold a Master's degree or higher.
- EB-3 - For skilled workers with a minimum of 2 years of experience in their field, as well as Master's degree and PhD holders not covered by the EB-2 visa. This category also includes low-skilled workers seeking permanent employment in the US.
- Employment Second Preference (E2) - For professionals holding advanced degrees and persons of exceptional ability.
- Employment Third Preference (E3) - For skilled workers, professionals, and unskilled workers seeking employment in the US.
To initiate the process, the prospective US employer must first obtain a labor certification approval from the Department of Labor. Afterward, they file an Immigrant Petition for Alien Worker, Form I-140, with the US Citizenship and Immigration Services (USCIS) for the appropriate employment-based preference category.
It is important to note that a visa or Green Card does not guarantee entry into the US. The final decision on admission rests with the US Customs and Border Protection (CBP) officials. Once admitted, you will receive your Permanent Resident Card (formerly known as the Alien Registration Card), commonly referred to as the Green Card.
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Marriage-based Green Card
If you are a US permanent resident or green card holder and wish to visit Australia, you will need to apply for a visa. The type of visa will depend on the duration of your stay and your purpose of visit.
If you are an Australian citizen or permanent resident and your spouse is from another country, they may be eligible for a marriage-based green card. This process typically involves the following steps:
Step 1: Determine Eligibility
To be eligible for a marriage-based green card, the couple must provide proof of their relationship, such as marriage certificates, joint bank statements, or other relevant documents. It's important to note that same-sex marriages are equally recognized for migration law purposes.
Step 2: Apply for a Temporary Visa
The spouse seeking residency in Australia will need to apply for a temporary visa, known as the Subclass 820 Partner visa. This visa allows the applicant to reside in Australia while awaiting the processing of the permanent residence visa. The visa term for the Subclass 820 visa is typically 9 months from the date of grant, but it can be extended to between 9 and 15 months if prescribed by the Minister.
Step 3: Apply for a Permanent Residence Visa
After holding the temporary visa for two years, the spouse can then apply for the permanent residence visa, known as the Subclass 801 Partner visa. This two-step process is designed to allow for a thorough assessment of the relationship and the spouse's eligibility for permanent residency.
Step 4: Processing Times
The processing times for marriage-based green cards can vary. If applying as a couple engaged to be married, the process can take an average of 23 to 28 months. However, once married, the process can be faster, with some applicants reporting a timeline of around 7 weeks. It is recommended to seek professional advice and guidance from a migration agent to ensure a smooth and efficient process.
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Migration lawyers
When it comes to applying for a US green card from Australia, migration lawyers can provide essential advice and support tailored to your unique circumstances. They can help you understand the specific requirements and criteria, ensuring you meet the eligibility standards. This is particularly crucial if you have ever been arrested or have a criminal record, as this can significantly impact your application and future travel to the US. Migration lawyers can advise on how to disclose this information accurately and mitigate any potential issues.
Additionally, migration lawyers can assist in preparing and submitting the necessary documentation for your application. They are well-versed in the specific requirements for different types of visas, such as short-stay tourist visas, long-stay visas, and e-visas. By helping you navigate the intricate details, they can maximise your chances of a successful application and minimise the risk of delays or rejections due to incomplete or improperly prepared applications.
When choosing a migration lawyer, it is essential to select one with experience and a proven track record in US immigration law. For instance, Andrew David of David Immigration Law, a dual citizen of the US and Australia, offers a highly-rated E-3 Visa service for Australian citizens seeking to work in the US. Similarly, Worldwide Migration Partners have on-staff US immigration lawyers who specialise in maximising the chances of E-3 visa approval. Nevett Ford Lawyers also offer US immigration services and have experienced attorneys who can provide advice on the best way to proceed with the immigrant visa process, especially if you have a previous arrest or conviction.
In summary, migration lawyers play a crucial role in facilitating a smooth and stress-free transition for individuals seeking to obtain a US green card from Australia. Their expertise and guidance can make a significant difference in ensuring a favourable outcome for your application.
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Frequently asked questions
The US Diversity Visa Lottery Program, also known as the Green Card Lottery, is a program that provides 55,000 immigrant visas each fiscal year to applicants who are randomly selected from countries with low immigration rates to the US, including Australia.
There are multiple pathways to obtaining a US Green Card as an Australian citizen. Some common routes include employer sponsorship, applying for an EB-5 investment visa, or obtaining an E-3 visa for specialty occupation workers and converting it into a Green Card.
The E-3 visa is a temporary work visa exclusively for Australian citizens. To qualify, you must have a job offer in a specialty occupation that requires theoretical and practical application of specialized knowledge and at least a bachelor's degree in the specific field or an equivalent qualification.
Outside of a few specific categories, there is generally no avenue to self-sponsor a US Green Card.
The process of obtaining a Green Card can be complex and lengthy. Engaging the services of an experienced US migration lawyer or immigration specialist can be beneficial to ensure a smooth application process and increase your chances of a successful outcome.
