E-3 Temporary non-immigrant work visa for Australian nationals.
The E-3 visa classification permits a foreign national of Australia to work in the United States for a temporary period. It is available for offers of employment that are in a specialty occupation.
Nationals of Australia can still apply for the H-1B visa however, the E-3 visa has fewer restrictions and the application process is much quicker. The E-3 visas has a separate annual quota of 10,500 visas. Visas issued to spouses and children are not included in the E-3 quota and spouses and children do not need to be Australian citizens
Unlike with H1B visas, spouses of E-3 visa holders may work in the United States without restrictions (even if they are of a different nationality).
The E-3 visa is renewable indefinitely, in two-year increments.
Eligibility Requirements
- Must be a citizen of Australia
- The specialty occupation requirement, requires theoretical and practical application of a body of knowledge in professional fields and at least the attainment of a bachelor’s degree, or its equivalent, as a minimum for entry into the occupation in the United States.
- Must have a legitimate and valid offer of employment in the United States
- An approved LCA is a prerequisite for applying for an E-3 visa
- Spouses and unmarried children under 21 years of age are entitled to the same E-3 classification. The spouse of an E-3 visa holder is allowed to work but the children are not. To apply for work authorization as a spouse of an E-3 nonimmigrant, the spouse would file a Form I-765 (Application for Employment Authorization).
Application and Authorization Process
An Australian citizen can apply for an E-3 visa at a U.S. embassy or consulate, or if they are already in the United States on another status, they may also apply to change their status to an E-3 visa (unless they entered under the visa waiver program).
The LCA form is the same as for the H-1B visa, but needs to include a note at the top of the form indicating it is for an E-3 visa for an Australian citizen.
The employer for an E-3 visa petition must obtain a labor condition application (LCA) from the U.S. Department of Labor before filing the E-3 petition with the USCIS.
Forms required to be submitted for this application
- Form ETA-9035 (LCA)
- Form I-129 (Visa petition)
Information that you will have to provide
- Academic or other credentials demonstrating qualifications for the position, such as education certificates, diplomas, and transcripts
- Job offer letter or other documentation from the employer establishing that you will be engaged in a specialty occupation and that you will be paid the higher of the actual or prevailing wage
- Driver’s License if applicable
How we can help
Our attorneys are available to consult with both sponsors and beneficiaries to discuss their options and responsibilities. To start the process:
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