E3 VISA FOR AUSTRALIANS

Who Qualifies for the E3 Visa?

The E3 visa classification currently applies only to Australian citizens and their spouses and children. The E3 visa permits Australian professionals to work in the United States on a temporary basis. The types of occupations that qualify under the E3 category are defined below as "Specialty Occupation".

Are There Other Requirements for Qualifying for an E3 Visa?

The E3 visa classification is numerically limited, with a maximum of 10,500 visas available annually. Spouses and children do not count against the numerical limitation nor are they required to possess the nationality of the principal. A Labor Condition Application (LCA), containing attestations by the sponsoring employer related to wages and working conditions, must be filed with and approved by the US Department of Labor (DOL). At the time of visa application, the visa applicant must present the consular officer with the original or copy of the approved LCA. However, if the applicant cannot provide the original, the consular officer, at his or her discretion, may accept a certified copy of the approval. The approved LCA represents DOL's certification that the employer has met the attestation requirements of the E3 regulations.

What Is a Specialty Occupation?

In general, a specialty occupation is one that 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. The regulations governing E3 visas incorporate the definitions contained in section 214(i)(1) of the Immigration and Nationality Act (INA). In order to determine what constitutes a "specialty occupation," consular officers abroad will be guided by, and will apply, regulatory criteria already developed by the US Department of Homeland Security for the H1B classification.

Is It Necessary To File a Petition With the US Department of Homeland Security (DHS) as a Prerequisite to Visa Issuance?

No petition to the DHS is necessary. Instead, in the case of an employee seeking an E3 visa, the employee will present the necessary evidence for classification directly to the US Embassy or Consulate at the time of visa application. Such evidence will include the original or copy of the Labor Condition Application signed by the prospective employer and approved by the US Department of Labor. Procedures for the E3 visa are similar to those established for obtaining H1B visa under the US & Chile and US & Singapore Free Trade Agreements.

What are the time limits on E3 Visas?

E3 visa time limits are the same as E1 and E2 visas. More significant, however, is that E3 visas can be renewed indefinitely.

May Spouses Work?

Yes. The law permits the spouse of a principal E3 visa holder to engage in employment in the United States. As is the case for the spouse of a principal E1 and E2 nonimmigrant, the spouse of a qualified E3 worker may, upon admission to the United States, apply for an employment authorization document (i.e., work permit), which an employer could use to verify the spouse's employment eligibility. Such spousal employment may be in a position other than a specialty occupation.

Return to Services