In 2005 a new U.S. visa category exclusively for Australian professionals was created, known as the "E-3" visa. The U.S. government authorised 10,500 E-3 visas to be issued annually. Only 3,000 of these have been issued each year so far.
As the only licensed U.S. immigration attorney based in Australia for nearly five years, Lauren Levin has prepared hundreds of successful E-3 visa applications and developed a unique expertise in this area of law. A summary of answers to the most frequently asked E-3 visa questions is provided below for your convenience and is not intended as legal advice regarding a particular situation.
Frequently Asked E-3 Visa Questions
Q: What is an E-3 Visa?
A: The E-3 is a U.S. visa category specifically dedicated for Australian citizens only going to the U.S. to work temporarily in a professional position known as a “specialty occupation”.
Q: What is a specialty occupation?
A: U.S. immigration law defines a "specialty occupation" as one requiring a theoretical and practical application of a body of specialized knowledge. The attainment of a bachelor's or higher degree (or its equivalent) in a specific specialty is required as a minimum for entry into the occupation in the United States (for example, financial analyst, engineer, accountant, attorney, or teacher).
Q: What are the requirements for qualifying for an E-3 visa?
A:After obtaining a job offer from a U.S. employer, an Australian citizen in a specialty occupation must present a nonimmigrant visa application with the following:
- Certified Labor Condition Application, filed with the Department of Labor.
- Evidence of a U.S. bachelor’s degree in the field or its equivalent. Alternatively, in the absence of academic credential(s), evidence of education and/or experience that is equivalent to the required U.S. degree. 3 years of professional experience is equivalent to one year of undergraduate study.
- Evidence establishing that the applicant's stay in the United States will be temporary (evidence of ties to Australia).
- Job offer letter (or other documentation) to substantiate that the intended U.S. position qualifies as a specialty occupation and that the applicant will receive the higher of either the actual or prevailing wage.
- If a license is normally required for the position, a certified copy of the required license or other official permission to practice the occupation in the state of intended employment or evidence that the license is not required to commence employment.
Q: Can my family accompany me?
A: Yes, spouses and children – regardless of their nationality - may accompany an Australian E-3 visa holder by applying for E-3 (E dependent) visas.
Q: May spouses work?
A: E-3 spouses are entitled to work in the United States with a valid Employment Authorization Document (EAD). Upon admission to the United States in E-3 status, they may apply for an EAD through U.S. Citizenship and Immigration Service (USCIS). It generally takes about 3 months for USCIS to adjudicate the application. The spouse may not begin work until they receive the EAD card.
Q: Must my spouse be Australian in order to apply for work authorization?
A: No, your spouse can be of any nationality to apply for work authorization as an E dependent. In addition, your spouse does not need to meet the bachelor’s degree requirement or have a sponsoring employer.
Q: If I do not have a job offer, can I enter the United States under the Visa Waiver Program?
A: You may only enter the U.S. under the visa waiver program for short trips (maximum of three months) for temporary business or pleasure. If you have entered under the Visa Waiver Program, you may not engage in productive work for a U.S. employer nor may you change your status within the United States from the Visa Waiver Program to E-3.
Q: Is there a cap on E-3 visas?
A: There is currently an annual limit of 10,500 E-3 visas. E-3 dependents (spouses and children) are not counted toward this annual limit, nor are E-3 extension applications. We do not expect that the annual limit will be reached.
Q: Does my employer need to submit a petition on my behalf to the Department of Homeland Security (DHS)?
A: The United States-based employer of an E-3 principal is not required to submit a petition to the Department of Homeland Security as a prerequisite for visa issuance. However, the employer must obtain a certified Labor Condition Application (LCA) from the Department of Labor. We will prepare and certify the LCA on the employer’s behalf.
Q: What are the employer’s obligations for E-3 sponsorship?
A: The salary (or salary range) offered to the E-3 worker must be posted at the place of employment. The salary offered must satisfy the Department of Labor’s prevailing wage requirements for the job offered in the geographic location. The employer must keep a public inspection file, which we will help prepare, as part of the requirements associated with the labor condition application (LCA).
Q: How long is the visa valid?
A: The Department of State and DHS have agreed to a 24-month maximum validity period for E-3 visas. This validity may be renewed indefinitely.
Q: Can I renew the E-3 visa? Is there a limit to the amount of times I can renew?
A: E-3 applicants are admitted for a two-year period, but the E-3 visa is renewable indefinitely, provided the non American is able to demonstrate that he/she does not intend to remain or work permanently in the United States.
Q: Can I work for multiple employers?
A: No. The E-3 visa is employer specific. It is possible to apply for two part-time E-3 visas in order to work for two different employers.
Q: Can I change employers?
A: In order to work for a new employer, your new employer must sponsor you for a new E-3 visa.
Q: May I be self-employed under the E-3 visa?
A: Although you cannot be self-employed, you can be “sponsored” by a US company owned/operated by Australian nationals.
Q: How do I apply for an E-3 visa?
A: With sufficient “jurisdictional ties” to the area, you may apply directly for the visa at a US Consulate or Embassy outside the United States. Alternatively, if you are currently in the United States in another valid visa status(other than the Visa Waiver Program), you may apply for a change of status through USCIS. However, if you do “change your status” within the United States , you may not begin working in E-3 status until the petition is approved by USCIS. Also, it is important to remember that you will need to apply for an E-3 visa stamp at a U.S. Consulate to be eligible to reenter the United States. Australians in the United States under the visa waiver program cannot change status and must apply at a Consulate abroad.
Q: How long does it take to apply?
A: The wait times at each Consulate vary from a few days to a few weeks. Generally, the visa will be issued within one to two days after the appointment but it does vary by Consulate. Applications submitted to USCIS can take 4-5 months for approval and are currently not eligible for Premium Processing (adjudication of the petition within 15 days for an additional $1,000 fee).
Q: May I apply at any Consulate?
A: Generally, you must apply at the Consulate in your home country or country of residence. It is also possible to apply at Consulates in Canada which accept jurisdiction over third country nationals. Regardless of the Consulate, appointments and an in-person interview are required. You must plan in advance because appointments at US Consulates, especially in Canada, can be very backlogged.
Q: Can I apply for a green card while in E-3 status?
A: The immigration law does not specifically allow for dual intent, i.e., the intent to simultaneously pursue E-3 nonimmigrant and immigrant (green card) status. It is not yet clear how USCIS will view applications for green cards by E-3 visa holders. However, a number of alternative visa options may be available to you. Please contact Levin Immigration Law to discuss these options with you.
Q: How do I get started?
A: Please visit our Request Consultation page to initiate a pre-paid consultation (by phone or in person) to evaluate your case, discuss timing and the application process, and address any relevant issues. The consultation fee is applied toward your total legal fees if you decide to retain our firm. After signing our engagement letter, we will provide you with a checklist of required documents and begin preparing your case.
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