E3 Visa

The E-3 is only available to citizens of Australia because the category was created as result of the Australia-United States Free Trade Agreement and ongoing friendly relations between the country. The category was created in 2005.

The 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 Australian citizenship;
2. You have a legitimate offer of employment in the U.S.
3. The position in the US must be a “specialty occupation;” that is, it must require the theoretical and practical application of a body of specialized knowledge. Some examples of specialty occupations are jobs in the fields of engineering, mathematics, physical sciences, computer sciences, medicine and health care, education, biotechnology, and business specialties such as management and human resources.
4. You must have a post-secondary degree involving at least four years of study in your field of specialization, its foreign equivalent, or its equivalent work experience.
5. The period of employment in the U.S. must be temporary, so you must demonstrate non-immigrant intent

The benefits of the E-3 visa are:

1. No prior petition with the USCIS is required: One of greatest advantages of the E-3 visa is that E-3 beneficiaries do not need to first obtain approval from USCIS and can directly apply for a visa at the U.S. consulate.
2. No Lottery– Because the E-3 quota is never exhausted there’s no lottery and applicants can seek an E-3 visa at any time of the year.
3. No maximum validity– Unlike the H-1B, the E-3 does not have a maximum validity or period of stay. Although E-3 status is only given in 2-year increments, there are no limits on the number of extensions.
4. Spouse Work Authorization– The E-3 Dependent spouse can work in the U.S.

Some of the limitations of the E-3 visa:

1. Validity: One of the major drawbacks of the E-3 visa is that E-3 status is only given in 2-year increments.
2. Doctrine of dual intent: The E-3 visa does not provide certain protections which are available to the H-1B and L-1 visa holders under the doctrine of dual intent. Therefore, when seeking lawful permanent residence, the applicant must work closely with their attorneys to ensure that they can either switch to H-1B or obtain appropriate work authorization during the green card process.

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

A specialty occupation is a job that requires:

1. the theoretical and practical application of a body of specialized knowledge and
2. attainment of a bachelor’s degree or its equivalent in a specific specialty, at a minimum, for entry into that occupation.

In order to qualify as a specialty occupation, the proposed position should meet at least one of the following criteria:

1. The minimum entry requirement for the position is normally a bachelor’s degree or higher in a specific field.
Examples:

2.The degree requirement is common to the industry or the job is so complex or unique that only a person with at least a bachelor’s degree in a specific field can perform the job duties.

3.The employer’s normal and regular requirement for the position is a bachelor’s degree.

4.The knowledge required to perform the specialized and complex duties can only be gained through attaining a bachelor’s degree or higher.

Note: Architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts are specialty occupations.

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 at a U.S. Consulate/Embassy. However, if you enter the US in another nonimmigrant visa status your new employer may be able to apply for a change of status on your behalf.

To receive an E-3 visa at a U.S. Consulate, you must make an appointment at the U.S. consulate and follow any directions regarding the submission of documents and fees for the appointment.
In order to obtain the E-3 visa, the following documents, forms and information are generally required:

1. Form DS-160, Online Nonimmigrant Visa Application, submitted online
2. A passport valid for travel to the U.S. and is valid for the intended period of stay in the U.S.
3. The ETA Form 9035, Labor Conditions Application- The employer must file a Labor Condition Application (LCA) with the US Department of Labor. The ETA Form 9035 or LCA is filed through Dept. of Labor’s Foreign Labor Application Gateway or “FLAG” website. It must be submitted and certified before an applicant tries to obtain the E-3 visa. All E-3 visa applications or petitions must include a certified LCA. The LCA contains basic wage and location information about the proposed E-3 employment, including the rate of pay, period of employment, and work location(s).
4. The employer should prepare an Employer’s Support Letter, which includes a detailed description of the position, which includes the job title, a description of the duties and responsibilities, offered salary and/or benefits and the minimum requirements for the position.
5. The applicant’s credentials, which include a copy of the applicant’s degree certificate, credential evaluation for the degree and/or experience, Professional licenses, if required to perform the offered position, or alternative credentials as explained above.
6. If the applicant was previously in the U.S., copies of all prior USCIS approval notices and/or visas to evidence continuous maintenance of valid nonimmigrant status

Yes, you can change your status to E-3 or extend your status on E-3.

The E-3 visa category does not require prior petition approval. This means, unlike other visa categories like the H-1B, L-1, O-1, etc., the U.S. employer is not required to file the Form I-129 and obtain an approval first.

For those in valid nonimmigrant status, USCIS does allow employers to submit the Form I-129, Petition to Nonimmigrant Worker in order to request a change of status or extension of status for an E-3 worker. This means if someone is in valid nonimmigrant status in the U.S., a petition to change their status to E-3 can be filed so they do not have to travel. The same is true for those already in E-3 status. The Form I-129 can be filed to extend the status of anyone in the U.S. already in E-3 status.

When filing the Form I-129 to extend status or change status, the following documents should be included:

1.Certified ETA Form 9035, Labor Condition Application

2.A copy of your current passport and most recent Form I-94

3.Evidence of your previous E-3 approval of status, E-3 visa (if applicable):

Or

Evidence of your current nonimmigrant status

4.Employer’s Support Letter, which includes a detailed description of the position, which includes the job title, a description of the duties and responsibilities, offered salary and/or benefits and the minimum requirements for the position.

5.Copy of the specific diploma(s) and official transcripts, licenses, certification(s), and/or experience letter(s) demonstrating that you have educational background, experience, and/or certifications/licenses necessary for the position as per regulations

6.Payroll documents or other comparable documents showing that you have been receiving remuneration as per your current E-3, if filing an extension of stay.

Alternatively, anyone seeking E-3 status or wanting to extend their stay can travel abroad to obtain a new E-3 visa.

The wait times at each Consulate vary. The visa will generally be issued about 5 to 10 days after your appointment with the US Consulate (though the actual procedure may vary by Consulate).
The processing times for petitions for change of status or extension of stay submitted to USCIS can vary widely based on different factors and at which Service Center the petition is pending. You can check current processing times here.

Yes, Premium Processing is available for the Form I-129, E-3 Petition. The Form I-907, Request for Premium Processing can be submitted with the Form I-129, along with the required fee, or it can be submitted once the E-3 petition has been field and a receipt notice from USCIS is received. Once USCIS receives the Premium Processing request, they guarantee the petition will be adjudicated (issue an Approval Notice, Request for Evidence or Notice of Intent to Deny) within 15 business days.

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.

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.

1. You can renew your E-3 visa by obtaining a new visa at a U.S. Consulate or Embassy. The process to apply for a new visa is the same process to obtain the initial E-3 visa. However, E-3 visa applicants who previously had an E-3 visa within the past 48 months may be eligible for the Interview Waiver Program.
2. Those in the U.S. in valid E-3 status can have their employer file the Form I-129 to extend their stay.

Yes, the E-3 category does have a numerical annual limit or quota of 10,500 E-3 visas issued annually. To date, the quota or “cap” for the E-3 has never been exhausted and there has never been a lottery similar to the H-1B lottery. Therefore, an E-3 can be filed at any time of the year.

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 that you have no intent of remaining permanently in the U.S.

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 status from E-3 to any other nonimmigrant status while in the US.

Yes. As long as you qualify for the H-1B. If you are working for a “cap-subject” employer, they will need to enter you into the H-1B Registration and Lottery. If you are chosen in the H-1B Lottery, your employer can file an H-1B petition on your behalf.

If your employer or employment is Cap Exempt (not subject to the H-1B Cap), then an H-1B petition can be filed at any time.

However, there is no legal obligation for you to switch to H-1B from E-3.

No, you cannot travel to the U.S. on the Visa Waiver Program and apply for a Change of Status. You can however, travel under the VWP to interview and explore job prospects in the U.S. in order to obtain the E-3 visa, you must exit the U.S. and obtain the E-3 visa at U.S. Consulate or Embassy.

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 USCIS. However, you can only be approved for a change of status if you’re present in the U.S. in valid nonimmigrant status, for example, B-1/B-2, F-1, J-1, etc.

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.

Those in valid E-3 status can extend their status or change employer by having the employer file the Form I-129, Petition for Nonimmigrant Worker. When filing the Form I-129 to extend status or change employer, the following documents should be included:

1.Certified ETA Form 9035, Labor Condition Application

2.A copy of your current passport and most recent Form I-94

3.Evidence of your previous E-3 approval of status:

4.Employer’s Support Letter, which includes a detailed description of the position, which includes the job title, a description of the duties and responsibilities, offered salary and/or benefits and the minimum requirements for the position.

5.Copy of the specific diploma(s) and official transcripts, licenses, certification(s), and/or experience letter(s) demonstrating that you have educational background, experience, and/or certifications/licenses necessary for the position as per regulation.

6.Payroll documents or other comparable documents showing that you have been receiving remuneration as per your current E-3 LCA.

No. Your spouse and children do not need to be Australian citizens or nationals in order to obtain E-3 Dependent status. 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. The family members must apply along with the E-3 visa applicant or they must provide evidence that the E-3 principal applicant has already obtained the visa.

Yes, your E-3 Dependent spouse (E-3D) may work in the U.S. pursuant to their E-3. The E-3 spouse must ensure that their Form I-94 has listed their status as “E-3S” to distinguish from an E-3 dependent child (either upon entering the U.S. or on the E-3 approval notice). Once an E-3 dependent spouse enters the country, they can immediately apply for a social security number and begin looking for a job.

Beginning in 2022, USCIS no longer requires that E-3 spouses obtain specific Employment Authorization to work.

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

You remain in the U.S. for up to 10 days upon the expiration of your authorized period stay.

Note: CBP may automatically provide the additional 10 days on your I-94 when you enter the country. It’s your responsibility to know whether the 10 days are already included in your I-94. If the 10 days is already included in your I-94, you cannot obtain an additional 10 days.

If your current E-3 status/I-94 does not expire for at least 60 days, you will be given a 60-day grace period. During this period, you can choose to look for another job so you can “transfer” your E-3, make preparations to leave the country, or apply for a Change of Status to another nonimmigrant visa category for which you qualify.

If your I-94/E-3 validity is less than 60 days, then that will be the maximum length of your grace period.

If you are able to find a new employer, the E-3 change of employer or “transfer” petition must be filed before your grace period expires.

If you are unable to find a new employer, it is suggested you change to B-2 status or prepare to leave the country to avoid being “out of status”.

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 self-employed or an independent contractor while you are in the US on an E-3 visa. You must have a US employer as your sponsor.

However, you may be able to establish a company in the U.S. and that company may be able to sponsor the E-3 visa.

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.