E3 Visa

No. The E-3 visa is only available to Australian citizens or nationals, Australian permanent residents are not eligible for the E-3 visa. You must have an Australian passport at the time of your E-3 visa interview.

1. Minister of religion
2. Working in a professional capacity, either in a religious vocation or occupation
3. Other religious worker working in a religious occupation or in a religious vocation

The new E-3 visa classification currently applies only to nationals of Australia as well as their spouses and children. To qualify for an E-3 visa you must demonstrate that:

1. You have a legitimate offer of employment in the U.S.
2. The position you are coming to fill qualifies as specialty occupation employment
3. Are an Australian citizen
4. You have the necessary academic or other qualifying credentials
5. Your stay will be temporary
6. 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
7. An approved Labor Condition Application is required and no more than 10,500 E-3 visas can be issued per year

Yes. You need to have a job offer from a US employer before you can apply for an E-3 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:

1. A certified Form ETA 9035, clearly annotated as ‘E-3 – Australia.
2. 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
3. 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
4. Evidence establishing that your stay in the U.S. will be temporary
5. 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
6. 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
7. Evidence of payment of the Machine Readable Visa (MRV) Fee, also known as the application fee

The definition of ‘specialty occupation’ is one that requires:

1. A theoretical and practical application of a body of specialized knowledge; and
2. 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.

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.

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.

You may make your appointment for an interview as soon as you have all the documents prepared.

The wait times at each Consulate vary, so check with your nearest Consulate to make an appointment.

At present, the USCIS Premium Processing (adjudication of the petition within 15 days for an additional $1,410 fee) option is not available for the E-3 visa.

Other than the normal visa application fee, there is no issuance fee.

Your United States-based employer is not required to submit a petition to the Department of Homeland Security as a prerequisite for visa issuance. However, your employer must obtain a Labor Condition Application (LCA), ETA Form 9035, from the Department of Labor.

A US-based employer that wants to sponsor you for an E-3 visa must obtain a Labor Condition Application (LCA) from the US Department of Labor. The potential employer must also provide you with a job letter that establishes that you will be engaged in qualifying work in a “specialty occupation” and will be paid the actual or prevailing wage for that specialty occupation. Unlike most other temporary employment visas the US-based employer does not need to submit a petition for pre-approval to the USCIS.

The validity of the visa should not exceed the validity period of the LCA. The Department of State and DHS have agreed to a 24-month maximum validity period for E-3 visas. This validity may be renewed.

E-3 applicants are admitted for a two-year period renewable indefinitely, provided the alien is able to demonstrate that he/she does not intend to remain or work permanently in the U.S.

You can extend your E-3 visa indefinitely.

1. E-3 Specialty Occupation Workers may be admitted initially for a period not to exceed the validity period of the accompanying E-3 Labor Condition Application (LCA), i.e., for a maximum of two years.
2. If you wish to extend your E-3 stay in the US in a specialty occupation that requires a license or other official permission to practice in the specialty occupation, you must submit a copy of the license or proof of other official permission to practice the occupation in the jurisdiction of intended employment, with your extension application.
3. There is no limit on the total time you may stay in the US in E-3 status. Therefore, there is no specified number of extensions a qualifying E-3 worker may be granted. Your E-3 visa status can be renewed indefinitely.

Yes, there will be a maximum of 10,500 E-3 visas issued annually. Spouses and children of principal applicants do not count against the numerical limitations.

No, the E-3 nonimmigrant visa does not support the doctrine of dual intent. You must establish to the satisfaction of the consular officer or the USCIS that the employment opportunity is both temporary and short-term, and that you have no intent of remaining permanently in the US.

E-3 status provides for entry on a non-permanent basis into the U.S. Similar to E-1 and E-2 visa applicants, the E-3 must satisfy the consular officer that s/he intends to depart upon termination of status.

Yes. You can change your visa status from E-3 to any other nonimmigrant status while in the US.

Yes. As long as you qualify for H-1B, and there are visas available, you can change your status to H-1B. However, there is no legal obligation for you to switch to H-1B from E-3.

In certain circumstances you can travel to the US under the Visa Waiver Program to find a job or attend a job interview, but you cannot apply for a change of status to E-3 visa while you are on the Visa Waiver Program.

Yes. If you are already in the US in another nonimmigrant visa category, your US employer may file a change of status petition by filing a Form I-129 (Petition for a Nonimmigrant Worker) with the USCIS Service Center with Jurisdiction over the job location. However, you can only be approved for a change of status if your present visa category supports a change of status. For instance, you cannot receive a change of status from the VWP as this category does not allow a change of status.

Yes. But because your E-3 visa status is linked to a specific employer, a change of employer would require a new E-3 visa application. This can be done either inside the US or at a US Consulate overseas. Once you are in E-3 visa status any new application does not count against the E-3 visa quota.

No. Your spouse and children do not need to be Australian citizens or nationals. It is only the principal applicant (i.e., E-3 visa holder) who must meet the Australian citizenship requirement.

You must demonstrate to the consular officer that the established relationship exists. Usually this can be accomplished with a marriage or birth certificate. You must also show the principle applicant is the recipient of an E-3 visa.

E-3 spouses are entitled to work in the U.S. and may apply for an Employment Authorization Document (Form I-765) through USCIS. The spouse of a qualified E nonimmigrant may, upon admission to the U.S., apply with the Department of Homeland Security for an employment authorization document, 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.

You can enter the US up to 10 days before you start your job.

ou can stay for up to 10 days after you finish your job.

Yes. The E-3 visa is a multiple-entry visa, so provided you have not changed employers, or made any other changes to your E-3 status, you may travel outside the US and reenter on a valid, unexpired E-3 visa.

No. You cannot be either self-employer or an independent contractor while you are in the US on an E-3 visa. You must have a US employer as your sponsor.

The benefits of the E-3 visa include:

1. Unlike most other temporary employment visas, your E-3 visa sponsor/employer does not need to submit a petition to the USCIS. This makes the E-3 visa preferable to the H-1B because you do not need a petition approved by the USCIS prior to applying for an E-3 visa stamp at a US consulate.
2. The application process for the E-3 visa is relatively easy when compared to the H-1B visa. It is generally assumed that you can obtain your E-3 visa within a week of your interview at the US Consulate.
3. You can apply for to change status between H-1B and E-3 visa status.
4. There is no limitation on the number of years you remain in E-3 status as long as you can prove that you do not intend to remain in the US permanently.
5. Extensions of an E-3 visa will not be counted against the annual E-3 visa cap.
6. Spouses of E-3 visa holders can apply for employment authorization and work in the US.

The E-3 visa has certain limitations:

1. There are a maximum of 10,500 E-3 visas issued during each fiscal year (October 1st to September 30). However, dependents of E-3 visa holders are not counted against this cap limit. The cap only applies to the principal E-3 visa holder.
2. The E-3 visa does not support the doctrine of “dual intent,” i.e., you cannot be seeking permanent resident status in the US while you are trying to extend your E-3 visa status.

The major differences between the E-3 and H-1B visa are as follows:

1. The spouse of an E-3 visa holder may apply for employment authorization and work while in the US. There are no restrictions on the type of work a spouse can do. H-1B dependents cannot accept employment while they are in H-4 visa status.
2. The E-3 visa is renewable indefinitely (in two-year increments) whereas H-1B visa status is valid for only up to six years (unless the H-1B holder begins the green card process within certain time constraints, in which case the H-1B may be extended during the time the green card application is pending).
3. E-3 visas are nonimmigrant visas. Accordingly, E-3 visa holders must prove their intent to return to Australia when the E-3 job is finished. However the H-1B visa, which is also a nonimmigrant visa, allows the doctrine of dual intent, i.e., it allows the H-1B visa holder to pursue both permanent resident status and H-1B status at the same time.