E-3 Visa while I-130 is pending.

I doubt that your brother will have a problem obtaining the E-3 from the American consulate or Embassy in Australia just because he has the F-4 petition pending based upon his relation to you. There is such a long line with sibling petitions that most American consular officers would not believe that there is a strong presumption of immigrant intent when individuals apply for nonimmigrant visas. So there is every reason to believe that the E-3 will be approved as long as there are no grounds of excludability.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.