Everything You Need to Know About the E-3 Visa
E-3 Australian in Specialty Occupation nonimmigrant visa is designated only for Australian nationals who will perform a “specialty occupation” in the United States.
The "specialty occupation" requires theoretical and practical application of a set of highly specialized knowledge and the acquisition of a bachelor's degree or higher in the specialty field.
Requirements to get the E-3 Visa:
1. Be a citizen or national of Australia,
2. Present a Labor Condition Application (LCA) certified by DOL;
3. The assignment must be for a “specialty occupation” and requires at least a bachelor’s degree or its equivalent;
4. Demonstrate the necessary academic and occupational qualifications for the job have been met;
5. The proposed stay in the United States will be temporary;
6. Professional license, If the position requires.
1. Be an Australian citizen
E-3 visa classification is designed only for Australian citizens.
2. Present a Labor Condition Application (LCA) certified by DOL
A completed Form ETA-9035E (Labor Condition Application for Nonimmigrant Workers) certified by DOL.
For all prospective E-3 hires, employers must submit a Labor Condition Application (LCA) to DOL containing attestations relating to wages and working conditions. An employee cannot initiate this procedure.
3. Prospective employment must meet the standard of being “specialty occupation employment”
You must have a legitimate offer of employment in a “specialty occupation” position.
This type of position requires;
- A set of highly specialized knowledge, and
- Bachelor's degree or higher in the specific field.
4. You must have all the appropriate qualifications for the job duties
You must have the required knowledge to perform the job, and a bachelor’s degree or higher, or the equivalent. Professional experience can be viewed as equivalent to a bachelor’s degree in some situations.
5. Intent to Depart Upon Termination of Status
Your expression of an unequivocal intent to depart the United States upon termination of E status is normally sufficient. it could be in a form of a signed declaration or statement.
6. If the position requires, a professional license
If the job requires licensure or other official permission, you must submit proof of the requisite license or permission before the E-3 visa may be issued.
In certain cases, where such a license or other official permission is not immediately required to perform the duties described in the job offer, you must show that you will obtain such licensure within a reasonable period following admission to the United States.
Applying for an E-3 Visa Abroad
Once you are set with the all documentation mentioned above, you must complete the Form DS-160 (Online Nonimmigrant Visa Application Form), to pay the visa fee, and to schedule an interview appointment.
This can be challenging, as many US consulates abroad have specific E visa application procedures that require applicants to create a profile in the local visa application system and provide interview slots only after this registration.
Note, leaving the USA and applying at the consulate is required if you are in the US under the Visa Waiver Program.
We are able to help you not only with the preparation of documents and paperwork, but also with registration and booking an interview appointment slot.
Change of Status Application
This option is available if you have maintained lawful nonimmigrant status and are physically in the USA.
Form I-129, Petition for Nonimmigrant Worker, is used to apply for a Change of Status to or an extension of stay in the E-3 nonimmigrant temporary worker classification.
With the petition you should include the evidence showing you meet all of the requirements above.
Note that E-3s are not eligible for premium processing (an expedite option with USCIS).
Whichever process you choose, you must first obtain a complete Labor Condition Application (LCA).
Please note that the LCA must be completed by your employer. It cannot be done by you as a person seeking E-3 visa status.
Processing Time
Visa applications depend on the consulate’s availability. Many consulates abroad accept only E visa applicants that are local citizens or permanent residents in the host county. As this is only for Australians, there are quite a few exceptions to this rule but in any case, you should contact the specific consulate.
A Change of Status through USCIS takes approximately 6 to 8 months and there is no option to speed up the process by paying an extra fee for premium processing.
E-3 Visa/Change of Status Fees are subject to constant changes. You may email or contact us for exact information.
E-3 Family Members
Under the E-3 visa, your spouse and children (unmarried, under 21 years of age) can enter the U.S. as your dependents.
Your E-3 dependent children can attend school in the United States and your spouse is considered employment authorized incident to status. Spouses of E-3s are not required to request employment authorization by filing Form I-765, Application for Employment Authorization, but may still file this form, with fee, in order to obtain an Employment Authorization Document (Form I-766 or EAD).
E-3 visa spouses are not limited in the type of company they are allowed to work for in the USA.
This differs from other visas such as H-1B where spouses are not eligible for work (with some exceptions).
E-3 Australian in Specialty Occupation Visa application requires detailed documentation and strict adherence with U.S. immigration policy. The paperwork cause major delays and confusion to most people.
We can assist you with the documentation and paperwork to change your status while you are in the USA, or with the E-3 visa application porcess at a US consulate abroad.