E-3 Visa for Non-Profit Orchestra

Client:The New York POPS
Industry:Non-Profit Orchestra
Visa Type:E-3 Visa

Non-Profit Orchestra - Case Studies

Davies & Associates represented the New York POPS, a world-renowned non- profit orchestra, in obtaining an E-3 work visa for an Australian to fill the role of Education and Operations Coordinator in its New York office.

Highlights & Challenges

It can be difficult to obtain an E-3 or H-1B visa for workers at non-profit organizations because the rules require that the foreign worker be paid at least the prevailing wage for that job in the industry. The easiest, fastest and cheapest method to proving the prevailing wage is to consult with the wage data published by the U.S. Office of Foreign Labor Certification. However, those statistics do not have special wage considerations for non-profits, even though the salaries in the non-profit world tend to be lower than in the for-profit arena. For example, the published wage data for an experienced marketing manager does not recognize a lower salary if the employer is a non-profit. There is an option for the employer to present an independent wage study that would show the wage trends for that job in other non-profit organizations in their geographical area, however, using this method can cause delay and may result in additional costs to the employer.

Fortunately, in our client’s case, the job and salary being offered fit within the government’s published prevailing wage data for that type of position in New York City.

Davies & Associates worked closely with the Australian worker and the employer to obtain an approved Labor Certification Application from the DOL (with the firm guiding the employer through the required Notice and Recordkeeping requirements), a job offer letter, a detailed job description, and an employer support letter that allowed to the Consular officer to quickly determine that the applicant was eligible for the E-3 visa.

Client Comments

“Davies and Associates LLC were very courteous and professional in their dealings with us. They explained every step of the visa application process and were prompt and thorough in their explanations. We would gladly use their services again, should the need arise.”