The E3 visa is exclusively designed for Australian citizens who wish to engage in “specialty occupation” roles within the United States. To qualify for this visa, you must:

• Be a citizen or national of Australia.
• Have a job offer in a “specialty occupation” that requires at least a bachelor’s degree.
• Possess a bachelor’s degree or its equivalent.
• Hold a professional license if the position requires one.

E3 visa status is initially valid for up to 2 years and can be renewed indefinitely. Dependents of E3 visa holders, including spouses and children (unmarried and under 21), are eligible for E3D status. The E3 visa category has an annual cap of 10,500, which has never been reached.

Benefits of an E3 Visa

The E3 visa offers several advantages, including:

• Exclusivity for Australian nationals.
• Availability of 10,500 E3 visas annually.
• Lower cost compared to the H1B visa, with fewer applicants.
• Enhanced accessibility and convenience.
• Eligibility for dependent spouses and children to accompany you to the U.S., where children can attend school.
• Spouse’s ability to apply for an Employment Authorization Document (EAD), allowing them to work legally, a feature not offered by some other visas like the H1B.

Applying for an E3 Visa Inside the United States:

The alternative is filing a change of status if you are already in the U.S. and maintaining lawful nonimmigrant status. This process may take longer but avoids the need for international travel.

When choosing this route, submit the following documents to the Vermont Service Center:

• Form G-28 (Notice of Entry of Appearance as Attorney or Accredited Representative).
• Form I-129 (Petition for a Nonimmigrant Worker).
• Copies of the biographic page(s) of your Australian passport(s).
• A copy of your I-94 if you are in the U.S.
• Pay the associated fees for an E3 visa application (refer to Section 8 for fee details).

E3 Visa Requirements

To be eligible for an E3 visa, you must meet several criteria, including:

1. The job must fall under the category of a “specialty occupation” that requires at least a bachelor’s degree or equivalent.

2. You must possess all necessary qualifications for the job, which may include a bachelor’s degree or its equivalent. In some cases, professional experience can be considered equivalent to a degree. If the profession requires a license, you must have it or demonstrate the ability to obtain one in a reasonable timeframe.

3. You must hold Australian citizenship and possess a valid Australian passport.

4. Your E3 visa application must include a certified Labor Condition Application (LCA) from the Department of Labor (DOL). The LCA confirms that the workplace meets specific standards, such as not having labor disputes, not adversely affecting similar U.S. employees, and providing fair compensation to foreign nationals on E3 visas.

5. While you must demonstrate the intent to depart the U.S. upon the termination of E3 status, you are not required to prove a specific duration of intended stay or maintain foreign residence as with some other nonimmigrant visas.

E3 Visa Process

Obtaining an E3 visa involves a multi-step process, with two options:

• Applying at a U.S. consulate abroad.
• Filing a change of status if you are already in the United States.

Regardless of the method chosen, you must complete these initial steps:

• Ensure your employer completes a Labor Condition Application (LCA), which cannot have been approved more than two years before your job start date.
• Satisfy all E3 visa requirements, as previously outlined.
• Prepare the required documents to demonstrate your eligibility.

Processing times for E3 visas depend on factors such as the chosen application method, consulate availability, timing, and document submission.

• E3 change of status petitions filed with USCIS can take 4 to 8 months.
• Consular processing times vary but are generally quicker than change of status petitions.

Required Documents for the E3 Visa

The documents required for an E3 visa application can vary based on your specific situation. General document requirements include:

• Labor Condition Application (LCA).
• U.S. Company Statement of Support.
• Copies of educational degrees, including transcripts and education evaluations if necessary.
• Copy of your resume.
• Copy of the official job offer.
• Copies of professional licenses if applicable.
• Experience letters if relevant.
• Passports for you and any dependent spouse and children.
• Documents demonstrating family relationships.
• Prior U.S. visa paperwork if applicable.

E3 Visa Forms

Several forms are integral to the E3 visa process:

• DS-160: The Online Nonimmigrant Visa Application.
• Form I-129: The Petition for a Nonimmigrant Worker.
• Form G-28: The Notice of Entry of Appearance as Attorney or Accredited Representative.

E3 Visa Fees

As of the time of publication, E3 visa fees include:

• Immigration Lawyer Legal Fee: Varies based on your case.
• E3 Visa Fee: $205.