E-3 Visa

The eligibility requirements to qualify for an E-3 visa are as follows: 

• Must be an Australian national
• Must have a legitimate offer of employment in the United States 
• Must have the necessary academic or qualifying credentials
• Must fill a position that is considered a specialty occupation 

In order for an occupation to be considered a “specialty occupation,” the occupation should require the “theoretical and practical application of a body of highly specialized knowledge; and attainment of a bachelor’s or higher degree in a specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.” This is in accordance with the USCIS’ eligibility criteria for H-1B visas. If you do not have at least a bachelor’s degree and the position for which you are applying does not require at least a bachelor’s degree, it is unlikely that you will be granted an E-3 visa. Sometimes, however, a prolonged period of professional experience may qualify you for an E-3 visa in lieu of a bachelor’s degree (see FAQs). If you have any questions regarding this, or if you believe you may have enough experience to supersede the bachelor’s degree requirement, it is important to speak with an experienced immigration attorney who can help determine your eligibility.

To apply for an E-3 visa, you should file Form I-129, Petition for Nonimmigrant Worker. This form should include all necessary documentation, which includes the following:

• A Labor Condition Application (LCA) from your employer which shows that it is being filed to support an E-3 classification. This form can be obtained from the Department of Labor.
• A job offer letter or another document from your employer establishing your employment in a specialty occupation. If the degree does not come from an Australian institution, a certificate of its U.S. equivalent may be necessary.
•  Evidence of academic or qualifying credentials.
• Any licenses or official documentation necessary to work in the specialty occupation.

Once you have all the required documents, you may proceed to set up an interview at the U.S. Embassy or Consulate. Wait times may vary depending on the Embassy or Consulate. Once the E-3 visa is approved, the visa should be issued within 5 business days if applying in Australia. Other locations may have different wait times.

Immediate family members are also eligible for E-3D (Dependent) visas. This applies to the E-3 worker’s spouse and unmarried children under 21 years of age. Each applicant must submit a separate visa application along with proof of their relationship with the E-3 non immigrant worker (ex. marriage license or birth certificate). Once the visas are granted, only the E-3D spouse is eligible to apply for employment authorization. They can do this by submitting a Form I-765, Application for Employment Authorization with USCIS.

There is a limit of 10,500 E-3 visas each fiscal year. This quota does not apply to E-3D dependents (spouses and children), nor does it apply to those extending their E-3 visas within the United States.