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Topic:World Politics
The Trump administration's tightened rules for visa renewals follow a series of changes to immigration policy. (Reuters: Kevin Lamarque)
The US State Department has issued a directive that means Australians on working visas in the US, including the Australia-specific E-3 visa, may have to travel back to Australia to renew them every two years.
The directive, which took immediate effect after it was issued on the weekend, warns visa-holders against the common practice of travelling to countries closer to the US to renew their visas.
Some Australians who had made visa appointments in other countries before the change was announced have already had their applications denied at those appointments.
Thousands of Australians living in the US could find it tougher to extend their stay in America after the Trump administration suddenly issued new visa rules on the weekend.
Expat groups in the US have convened emergency sessions with immigration lawyers after hearing from Australians who have already been denied visa extensions under the tightened rules.
"Right now, we are in full-on — I hate to use the word, but — panic mode for a lot of individuals," American immigration lawyer Jonathan Grode told the ABC.
The changes mean Australians on working visas in the US may have to travel back to Australia every two years to attend an interview at a US consulate.
Until now, Australians commonly travelled much shorter distances to renew their visas at countries like the UK or Barbados.
But a new State Department directive, issued without warning on Saturday, appears to discourage that option and warns visa applicants "must be able to demonstrate residence in the country where they are applying".
Josh Pugh, who runs the popular America Josh website and online community for Australians in the US, said some Australians who had flown to London for visa interviews on Monday, local time, had already been caught out.
Josh Pugh, pictured serving democracy sausages to expat voters in New York earlier this year, says some Australians have already had their US visa extensions rejected. (Supplied: Josh Pugh)
"We've heard directly from about a dozen people already who have said that they got to the interview like they had many times before, they went through the process [and then were] told that their visa had been refused because of this new directive," he said.
"It's incredibly difficult for them, because now they are without status, or without a visa, to re-enter the States in some cases."
New York-based Australian advertising executive Lauren Eather is among those who had made an appointment to renew her visa in London, and is now unsure if she can.
Ms Eather, who has been living in the US on an E-3 working visa for almost a decade, has travelled to Europe and cannot re-enter the US until her visa is renewed.
She said she was shocked by the lack of notice given to people impacted by the change.
"I presume we'll find a way through it, but if this [appointment] can't work, I'll have to go back to Australia and figure out when I can get an appointment [there]," she said.
"Who knows when that will be because I think everyone will be swarming to get those appointment spots."
Thousands of Australians in the US are on the E-3 visa, which was created as part of the US-Australia Free Trade agreement in 2005. The visa is available exclusively to Australian citizens, so long as they have a university degree and a related job offer in the US.
While federal agents are patrolling Washington DC under President Donald Trump's orders, they are also being closely monitored themselves.
While the visa must be renewed every two years, there is no limit on the number of renewals.
It also covers visa-holders' spouses, who are also given working rights in the US, and their children aged under 21.
Amy Meyer, who runs a recruitment firm that provides advice on E-3 visas and connects Australians to employers in the US, has set up an emergency online session with Mr Grode, the immigration lawyer, for Tuesday night.
Ms Meyer said more than 700 people had signed up for the session in less than 24 hours.
"There's a lot of stress and concern from the community because what has historically been so easy, so straightforward, so simple is now very up in the air," she said.
Mr Grode, the managing partner at Philadelphia law firm Green & Spiegel, said ambiguous wording in the directive meant it was not completely clear, and even staff at US consulates abroad did not seem to fully understand it.
"In the case of one individual [denied a visa extension] in London, we've written to the consulate and we've said, 'Hey, I think there's a little bit of a misinterpretation of the rule going on here.' And they responded back and said, 'We're seeking additional guidance.'
"So even they feel that there is a little bit of clarification that needs to be resolved prior to full implementation of this new policy."
As in Donald Trump's first administration, we are being reminded how the US system relies on norms as well as laws.
Mr Grode said he hoped the rules would be relaxed for people with E-3s and other professional working visas.
"This is very much the way the Trump administration has operated, especially during Trump 2.0, where they make a proclamation and sort of allow for the situation to play itself out before they provide further guidance."
The ABC has contacted the State Department and the White House for further information.
The new directive follows a series of measures to tighten rules around visas for the US, including a proposal to change visa conditions for students and media workers.
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Those visas can currently last years and are able to be renewed relatively easily. But proposed changes would shorten their maximum duration to 240 days and make extensions more difficult.
Press freedom groups fear the changes could have "catastrophic consequences".
"It sets up a system with high potential for abuse, as the Trump administration systematically punishes journalists and news outlets that criticise its policies," Reporters Without Borders USA executive director Clayton Weimers recently said.
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