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E-3 Visa

Australians can live in and work in the United States wih an E-3 Visa. Talk to an immigration lawyer today about filing for an E-3 Visa.

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What is An E-3 Visa?

The E-3 visa was created in 2005 as a result of the Australia-United States Free Trade Agreement (AUSFTA). It allows Australian nationals to live and work in the United States in specialty occupations as determined by the standards of the Immigration and Nationality Act (INA) 214 (i)(1) for H-1B non immigrants. If granted, this visa lasts for up to 2 years, with unlimited extensions in most instances.

Who Is Eligible For An 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.

What Is The E-3 Visa Application Process?

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.

Are Family Members Eligible For An E-3 Visa?

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.

Is There A Limit To The Number Of E-3 Visas Issued Each Year?

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.

E-3 Visa FAQs

Using the U.S. Code of Federal Regulations, 8 CFR 214.2(h)(4)(iii)(D) as a guide, three years of professional experience for each year of higher education may qualify as a substitute for a bachelor’s degree. Therefore, a minimum of 12 years’ experience would be required for the position you are applying for. The decision to grant an E-3 visa is at the discretion of the consular officer, so it is important to bring all evidence documenting this experience. This may include certificates, licenses, affidavits, etc. An immigration attorney who is experienced and knowledgeable about E-3 visas can help you prepare a comprehensive packet detailing your training and experience.

You must apply for this visa outside the U.S. at a U.S. Embassy or Consulate. If you wish to travel to the U.S. to search for an available position or for a job interview, you can travel on the Visa Waiver Program (VWP). If you are ineligible for the VWP, you may apply for the B-1/B-2 Visitor visa. Once you have an offer of employment from a legitimate employer in a specialty occupation, you may leave the U.S. and proceed to apply for the E-3 visa.

If you decide to change employers while inside the United States, you must have the new employer obtain a certified LCA for the new position and file a Form I-129 petition. Once Form I-129 is approved, you may begin your employment. You can do this in one of two ways: either wait to leave your current employment until after your new employer files a petition with USCIS and your petition is approved; or you may end your employment before beginning your new job, in which case you must leave the U.S. and apply for an E-3 visa at a U.S. Embassy or Consulate abroad. It is important to discuss these options with an immigration attorney prior to ending your employment since the Covid-19 pandemic has caused delays in processing times with USCIS and there may be travel restrictions.

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