Background
Our client, Saloni, originally from New Delhi, had built an impressive international career in healthcare. After relocating to Australia with her wife and 2 sons, she took on the role of a Clinical Manager at a dental office. When she was offered a new position in the United States to lead and perform preventative care, cosmetic procedures, cleanings, and even surgeries, she took it. She worked in the U.S. on an E-3 visa, but it was due to expire in 6 months. Eager to continue her work in the U.S. and have her family continue to be by her side, Saloni needed a quick and effective solution to extend her stay in the U.S.
Case
As Saloni was already in the U.S. on an E-3 visa, we could directly pursue an extension of her current status, an E-3 visa, which was a faster and more efficient process than starting another visa process from scratch.
To qualify for the E-3 visa extension, applicants must meet specific criteria for specialty occupations, including at least one of the 4 to qualify:
- A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position
- The degree requirement is common to the industry in parallel positions among similar organizations, or, in the alternative, an employer may show that a particular position is so complex or unique that it can be performed only by an individual with a degree
- The employer normally requires a degree or its equivalent for the position
- The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree.
In addition to meeting the specialty occupation qualifications, E-3 applicants must also:
- Be Australian nationals
- Have an approved Labor Condition Application (LCA)
- Show intent to depart the U.S. upon visa expiration
How We Organized the Case
We highlighted how Saloni’s role as a Clinical Manager involved far more than just the essential patient care. She would oversee operating budgets, review clinical systems, implement dental policies, lead marketing efforts, generate monthly reports, and maintain high standards of practice. These were all responsibilities that aligned with a specialized occupation.
Saloni’s clinical experience covered pediatrics, surgery, anatomy, obstetrics, and radiology. Within the petition, we included an academic evaluation, strong letters of recommendation, and detailed documentation of Saloni’s qualifications and work plans in the U.S. We also confirmed the employer’s willingness to cover transportation costs to Saloni’s home country in the event of termination or expiration, which is a compliance requirement under E-3 visa rules.
The icing for this case was a current project Saloni was working on regarding new surgical procedures. Saloni’s employer needed her around for at least another year to help implement and train other employees on this new surgery, and couldn’t afford to lose her now. This was the key element that we structured the extension around to highlight why the extension was needed.
Verdict
Within less than a month, USCIS approved Saloni’s E-3 extension.
