6. What are the other requirements for qualifying for an E-3 work visa?
Submit a job offer letter from the prospective United States-based employer. A treaty alien in a specialty occupation must show that they have bachelors degree or it’s equivalent. In addition to the nonimmigrant visa application, the following documentary evidence must be submitted in connection with an application for an E-3 visa:
- A certified Form ETA 9035, clearly annotated as ‘E-3 – Australia.
- Evidence of academic or other qualifying credentials as required (Bachelor’s degree or it’s equivalent), and a job offer letter or other documentation from the employer establishing that upon entry into the U.S. you will be engaged in qualifying work in a specialty occupation and that you will be paid the actual or prevailing wage. A certified copy of the foreign degree and evidence that it is equivalent to the required U.S. degree could be used to satisfy the ‘qualifying credentials’ requirement. Likewise, a certified copy of a U.S. baccalaureate or higher degree, as required by the specialty occupation, would meet the minimum evidentiary standard
- In the absence of an academic or other qualifying credential(s), evidence of education and experience that is equivalent to the required U.S. degree
- Evidence establishing that your stay in the U.S. will be temporary
- A certified copy of any required license or other official permission to practice the occupation in the state of intended employment if so required or, where licensure is not necessary to commence immediately the intended specialty occupation employment upon admission, evidence that the alien will be obtaining the required license within a reasonable time after admission
- If required before you may commence employment in the specialty occupation, that you have the necessary license or other official permission to practice in the specialty occupation
- Evidence of payment of the Machine Readable Visa (MRV) Fee, also known as the application fee
7. What is a specialty occupation?
The definition of ‘specialty occupation’ is one that requires:
- A theoretical and practical application of a body of specialized knowledge; and
- The attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the U.S.
Note: In determining whether an occupation qualifies as a ‘specialty occupation’, follow the definition contained at INA 214 (i)(1) for H-1B non-immigrants and applicable standards and criteria determined by the Department of Homeland Security (DHS) and USCIS.
8. Do I need a license for a specialty occupation?
An E-3 alien must meet academic and occupational requirements, including licensure where appropriate, for admission into the U.S. in a specialty occupation. If the job requires licensure or other official permission to perform the specialty occupation, the applicant must submit proof of the requisite license or permission before the E-3 visa may be granted. In certain cases, where such a license or other official permission is not immediately required to perform the duties described in the visa application, you must show that you will obtain such licensure within a reasonable period of time following admission to the U.S.
9. Can I go to the US to find a job and then apply for the E-3 visa from there?
You are required to have a job offer in the US before you can apply for an E-3 visa. Therefore, if you enter the US under the visa waiver program you will need to leave the US to obtain an E-3 visa and return once you have a job offer. However, if you enter the US in another visa status your new employer may be able to apply for a change of status on your behalf.
10. How do I apply for an E-3 visa?
You may make your appointment for an interview as soon as you have all the documents prepared.