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E-3 Visa is Suitable For:
Foreign professionals from Australia seeking temporary work in specialty
occupations
U.S. companies to bring in qualified foreign professionals from Australia for
jobs that require a bachelors degree and specialized skills
1. What is an E-3 visa?
The E-3 is a new visa category only for Australians going to the U.S. to work
temporarily in a specialty occupation.
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2. Why are only Australians eligible for this visa?
The legislation limited the E-3 to nationals of Australia.
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3. How do I qualify for the E-3 visa?
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:
• You have a legitimate offer of employment in the U.S.
• The position you are coming to fill qualifies as specialty occupation
employment
• Are an Australian citizen
• You have the necessary academic or other qualifying credentials
• Your stay will be temporary
• 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
• An approved Labor Condition Application is required and no more than 10,500
E-3 visas can be issued per year
Note: E-3 principal applicants must be going to the U.S. solely to work in a
specialty occupation. The spouse and children need not be Australian citizens.
4. 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 meet the general academic and
occupational requirements for the position pursuant to INA 214(i)(1). 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 - to be
processed.’
Note: DOL is currently updating the Form ETA 9035 to include an option check box
for E-3 classification, which will eliminate the need for the interim
handwritten annotation
• Evidence of academic or other qualifying credentials as required under INA
214(i)(1), 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 referred to in INA 212(t)(1). 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
5. 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.
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6. 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.
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7. Do I need a petition by my employer to the Department of Homeland Security
(DHS)?
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.
8. How long is the E-3 visa valid?
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.
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9. What is the fee for an E-3 visa?
Other than the normal visa application fee, there is no issuance fee.
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10. Is there a limit to the number of E-3 visas?
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.
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11. Do I need to demonstrate a ‘residence abroad’?
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.
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12. How do I demonstrate that I qualify for an E-3D (dependent) visa?
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.
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13. Can my dependent spouse work on 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.
14. Can I renew the E-3 visa? Is there a limit to the amount of times I can
renew?
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.
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15. When will Embassies and Consulates begin issuing E-3 visas?
Embassies and Consulates are already issuing the E-3 visa.
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16. 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.
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17. How long does it take to apply?
The wait times at each Consulate vary, so check with your nearest Consulate to
make an appointment.
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