E-3 Australian Specialty Occupation Worker Visa

You may be entitled to an E-3 Australian Specialist Occupation Worker visa to work in a specialty occupation in the United States.

The E-3 visa is one of the most straightforward visas to obtain for qualified Australian-citizen foreign nationals.  The application procedure for the E-3 visa, following a job offer from a U.S. employer, entails obtaining an approved Labor Condition Application (LCA) from the Department of Labor and submitting the visa application at a U.S. consulate or embassy. Australians may apply under the Australian – United States Free Trade Agreement (AUSFTA) to live and work in the United States. E-3 visas are exclusively for Australians and number 10,500, including spouses and children. Spouses of E-3s may work as well. The visa requires verification that the applicant’s salary meets or will meet a standard of parity with equivalent American workers through a Labor Condition Application (LCA).  The LCA must indicate that working conditions and wages will be equal to those of U.S. workers; it must be approved by the Department of Labor. There is a yearly cap of 10,500 new E-3 visas issued for Australian citizens.

If you wish to change employers while on an E-3 visa, you must submit a new LCA for the new position and ensure that you begin employment with the new employer within the required timeframe to maintain your visa status.

Unlike H-1B visas, where the visa cap is reached every year, there are rarely time restraints or cap issues with the H-3 visa.

This visa is for those Australians who qualify under specialty occupations, namely, who have worked in a field requiring a theoretical and practical application in a professional field and have at least a bachelor’s degree or its equivalent.

How can you apply for an E-3 in the U.S.?

The E-3 is a nonimmigrant worker visa specifically for Australian nationals seeking employment in specialty occupations in the United States. This visa category was established in 2005 to allow Australian citizens to work in the U.S. under these conditions.

Form I-129 is required for those who are already in the United States in a status other than with a visa waiver and wish to change their classification to E-3 status. The approved Labor Condition Application (LCA) must accompany the form and must be particularized to this application. As a result, it cannot be the same LCA application submitted for a prior specialty occupations visa application (e.g., DOD researcher and project worker, fashion designer, or any other H-1B classification). Only an Australian foreign national can apply for this visa category.

To prove your educational qualifications, you must submit the following documentation: academic documents, a letter with your job offer, and, if your specialty occupation requires it, a license.

Applying for an E-3 with a U.S. Embassy or Consulate

Once your Form I-129 is approved, the USCIS will mail a Notice of Action/Approval, Form I-797 to your employer. If you are changing your status in the United States, this original form will be evidence of the change of status and your updated I-94.  If you need to obtain a visa, the Form I-797 visa approval is a required document that you will need to take to a US Consulate overseas to obtain the visa.  

E-3 status is afforded for up to two years. Extensions are filed in the United States on Form I-129.  This will extend the duration of stay in the United States. For travel, you will require a visa obtained at the US Consulate overseas. The E-3 visa, also granted in two-year increments, can be renewed indefinitely as long as you continue to meet the eligibility requirements. Unlike many other U.S. visas, the E-3 visa holders can renew their visa indefinitely as long as they maintain eligibility.

If you have dependents, your spouse is eligible to apply for work authorization in the U.S.  Dependents are not required to have the same nationality as the principal applicant. Permanent residents of Australia who are children may also be exempt from certain interview requirements. The spouse of an E-3 visa holder can work in any field instead of being restricted to a specialty occupation like the primary visa holder.

If you wish to remain in the U.S. permanently, there are pathways to obtaining permanent residency (green card) through family sponsorship or employer sponsorship.

Procedures to apply for an E-3

Documentation Requirements

When applying for an E-3 Australian Specialty Occupation Worker visa, it is essential for Australian citizens to gather and submit all the necessary documentation to support their application. Proper documentation not only demonstrates eligibility for the E-3 visa category but also helps ensure a smooth and efficient application process.

Key documentation requirements include:

1. Valid Australian Passport: Applicants must hold an Australian passport that remains valid for at least six months beyond their intended stay in the United States. This is a fundamental requirement for all Australian nationals seeking employment in the U.S. under the E-3 visa.

2. Job Offer Letter: A formal job offer letter from a U.S. employer is required. This letter should detail the specific specialty occupation, salary, and working conditions, confirming that the position meets the prevailing wage standards and the requirements of the Immigration and Nationality Act.

3. Approved Labor Condition Application (LCA): Before applying for an E-3 visa, the sponsoring employer must obtain an approved Labor Condition Application from the U.S. Department of Labor. The LCA verifies that the employment offer meets wage and working condition standards for the specialty occupation.

4. Bachelor’s Degree or Higher: To qualify for an E-3 visa, applicants must possess at least a bachelor’s degree or its equivalent in a field directly related to the intended employment. A certified copy of the university diploma, along with transcripts, must be included to demonstrate qualifying credentials.

5. Proof of Professional Experience and Credentials: In addition to academic qualifications, applicants may need to provide evidence of relevant professional experience, such as letters of recommendation, certificates, or other supporting documents that establish expertise in the specific specialty occupation.

6. Dependent Spouse and Children Documentation: If a dependent spouse and/or children are accompanying the applicant, marriage and birth certificates and other supporting documents must be provided to establish the relationship and eligibility for dependent status.

7. Employment Authorization Document (EAD) for Spouses: Spouses of E-3 visa holders are eligible to apply for an employment authorization document, allowing them to work in the United States. Proper documentation must be submitted as part of the EAD application process.

8. Completed Online Visa Application Form (DS-160): If outside the United States, the DS-160 form must be completed online and submitted as part of the E-3 visa application process. Be sure to print the confirmation page for your visa interview at the consulate abroad.

9. Additional Supporting Documents: Depending on the specific scenario, applicants may be asked to provide further documentation, such as proof of intent to return to Australia, evidence of financial support, or medical certificates. The consular officer may request additional information during the visa interview or application review.

It is crucial for applicants to ensure that all the documents are accurate, up-to-date, and meet the eligibility requirements for the E-3 visa. Incomplete or incorrect documentation can lead to delays or denials. Consulting with an immigration lawyer or expert in U.S. immigration services can help Australian citizens navigate the process, gather the proper documentation, and address any potential scenarios surrounding their application.

By preparing all the required documents and supporting evidence, Australian citizens can maximize their chances of a successful E-3 visa application and take advantage of the many benefits of working in the United States in a specialty occupation.

We assist with your E-3 visa

Oltarsh & Associates, P.C. can help you with your E-3 Australian Specialty Occupation Worker visa. It is crucial that you have an immigration lawyer on your side during this process due to all the possible legal complications. Hiring an experienced E-3 visa lawyer can reduce stress and increase the likelihood of a successful application. Call us today to schedule an appointment at (212) 944-9420.