Over our several years of experience practising US immigration law from our base in Australia, we have developed particular expertise with the US visa matters that are most relevant to Australians migrating to the US, in addition to our broad experience across all types of US immigration matters.
Below is just a small sample of representative matters and outcomes we have attained.
2024
I-130 Direct Consular Filings under Exceptional Circumstances: Several successful Form I-130 petitions filed directly with US Consulates Sydney and Melbourne and US Embassy London for Australian spouses of US citizens relocating to the US for urgent job offers (or relocations within the same multinational company back to the US). Leveraging this little-known option has achieved immigrant visas (green cards) for our clients in an average of four (4) months rather than the traditional process’ timeline of approximately 18 months.
E-2 Investor Visas: We’ve continued to adeptly support Australian and New Zealand entrepreneurs in 2024 with many E-2 visa approvals at the US Consulates Sydney and Auckland, maintaining a 100% approval rate.
P-1B (Internationally Recognised Entertainment Group) Visas: Secured approval for a P-1B (Entertainment Group) petition and subsequent visas for five performers in a renowned Australian live dance revue group, enabling them to embark on their first-ever U.S. tour. The process, far from simple, required over 700 pages of documentation to meet complex eligibility criteria, including proof of the group’s international recognition, group composition, and a labor consultation from a U.S. union. Despite receiving a Request for Evidence from USCIS, we successfully addressed it and obtained approval within days. We coordinated visa interviews across multiple countries to accommodate the group’s busy schedule, ensuring all visas were issued just in time for the tour.
Mobility Project | Highly Specialised Workers Installing Commercial Machinery (Group of 35 Applicants): We were approached by an Australian company who are leaders in their industry developing highly advanced robotic machinery which was sold to a major US customer. As part of the terms of the contract of sale, our client was required to send workers to the US to install and setup the machinery on-site. We advised that the best and most efficient option would be to utilise the ‘Commercial Workers Installing Equipment or Machinery’ provisions of the B-1 Business Visitor visa. We proceeded to take the following steps on behalf of the client:
- Collect passports and submit a group appointment request with the US Consulate Melbourne, stressing the urgent business need and economic trade value involved, which was approved;
- Book the group appointment for all applicants concurrently;
- Create a client portal and a custom tailored web-based visa questionnaire to collect information required for each applicant’s Form DS-160;
- Draft custom company support letters for each Applicant;
- Draft Form DS-160 for each Applicant;
- Create a complete application file for the visa interview for each individual Applicant;
- Record a pre-interview prep video for all employee Applicants to review prior to the visa interview, reviewing the documents, consular procedures, and interview preparation;
- Attorney attendance at the US Consulate reception the day of the interviews to assist with facilitation;
- Liaison with VFS Global and collection of passports after visa issuance with delivery to client premises;
- Assistance and advice prior to travel for smooth entry through immigration port-of-entry in the US.
Waiver of Ineligibility (Inadmissibility) attained for one of Australia’s wealthiest people.
E-3 Visa for Spouses of US Citizens | Sucessful approval of E-3 visas for the spouses of US citizen, addressing immigrant intent issues. Applicants intended to live in the US with their spouse for only a limited period of time.
2023
Waiver of Inadmissibility | US Consulate Sydney | Drug charge: Waiver of inadmissibility recommended by US Consular Officer for Australian applicant who received a good behaviour bond for a drug (controlled substance) charge. Although the offence is not considered a conviction in Australia, as is commonly the case, the US viewed it as a conviction for immigration purposes due to the formal finding of guilt and imposition of a penalty (in this case, a fine). We prepared a waiver of ineligibility brief with extensive supporting documentation and interview preparation prior to the interview. Applicant was recommended for a waiver which is expected to be approved in 5-6 months by US CBP.
Waiver of Inadmissibility | US Consulate Sydney | Fraud convictions: Waiver of inadmissibility recommended by US Consular Officer for Australian applicant who was previously refused visas for fraud convictions (time served in prison) relating to tax issues. We prepared a waiver request brief with supporting documentation and made submissions to establish that the Applicant was not a risk to the United States public. We conducted extensive interview preparation with Applicant prior to the interview. Applicant was recommended for a waiver which is expected to be approved in 5-6 months by US CBP.
B-2 (Emergency Interview) for Chinese family residing in Australia | US Consulate Sydney: A mother-and-son, Chinese citizens residing in Sydney on a student and guardian visa, needed to travel urgently to the United States to visit their US Permanent Resident husband/father who had become seriously ill in the United States. Facing wait times for a visa interview in excess of 5 months for a visitor visa in Australia, we prepared and submitted an emergency request to the US Consulate establishing the hardship to a US Permanent Resident suffering medical issues. The emergency request was approved, and on short-notice we drafted the DS-160s and prepared a detailed application package, along with the extensive interview preparation to ensure Applicants’ non-immigrant intent was established. The visas were approved.
E-1 Treaty Trader Visa Approval | US Consulate Sydney | Australian SaaS Startup: Successful approval of the E-1 Treaty Trader visa for the Managing Director of an Australian SaaS tech company. We identified that the software subscriptions the company was selling internationally, principally to the United States, qualified as exports and trade with the US and eligible for an E-1 Treaty Trader visa for the Managing Director. This avoided the requirement of pursuing the E-2 Investor visa as the E-1 does not require investment in the US or a Business Plan.
2022
E-3 Approval | Bangkok, Thailand | New US branch office: Due to long wait times at US Consulates in Australia, our client’s employee was willing to interview in Bangkok, where he was going to be for business reasons. We arranged a funds transfer to the US Embassy Bangkok (they do not accept credit cards) and booked an interview only a few weeks away. Our client, a long-standing Australian technology company, was expanding into the US market. We arranged for incorporation of the entity in the US through our attorney-partner, obtained the FEIN, and FEIN Issuance Letter in a matter of weeks. Applicant attended the interview in Bangkok and was approved.
E-3 Approvals | London & Singapore | New US expansion, tech startup: Due to the US Consulate Sydney’s prolonged closure and long wait times in Australia, our client, a rapidly growing Australian tech startup that was expanding into the US market, needed three key sales executives working in the US urgently. We advised, planned, and booked visa interviews at the US Embassy London and US Embassy Singapore. We facilitated all employer requirements along with employee (applicant) requirements and obtained straightforward approvals for all three.
F-1 Emergency Request | Sydney | Student: We obtained an emergency request in June 2022 for an Australian student at the US Consulate Sydney who was near the start of her university program and at risk of missing her start date.
E-3 Approval | Singapore | Family of 4: Australian IT professional and his family obtained E-3 visas at the US Embassy, Singapore (July 2022). We provided consular support, strategically booking appointments in Singapore to avoid unworkable wait times in Australia. Visas approved.
E-2 Employees | Melbourne: Multiple 5-year E-2 visas obtained across 2021 and 2022 for family business’ key executives at US Consulate Melbourne. Strategically advised clients to leverage dual UK-Australian nationality to avoid substantial $3,500 USD government visa fee charged to Australian E-2 visa holders. Handled entire E-2 visa application through to successful approval and issuance.
E-3 Approval | Frankfurt, Germany | Consular Support: Provided strategic advice and full consular support to an Australian professional needing to obtain visa and begin working for large tech company in the US urgently, in the face of long wait times in Australia and a shuttered Sydney Consulate. Assessed client’s travel plans against a review of E-3 appointment availability globally. Advised on favourable availability at US Consulate Frankfurt. Booked visa interview and provided full consular support and independent advice to client who was receiving conflicting guidance from US Employer’s corporate immigration counsel.
