E-3 Australian Visa

The E-3 visa was created to allow Australian nationals to work in the United States on a temporary basis. It is similar to H-1B visas, since the U.S. position must be considered a specialty occupation that requires specialized knowledge and a minimum of a bachelor’s degree.

E-3 visas are valid for up to two years, although they can be renewed indefinitely by applicants who continue to qualify for that status. Spouses and children under age 21 can also accompany an E-3 visa holder to the U.S.

The U.S. allows 10,500 E-3 visas to be given to Australian nationals annually. To qualify for one of these visas, an applicant must meet the following criteria:

• You must have a legitimate job offer in the U.S. for a position that would qualify as a specialty occupation
• If you have a foreign degree, it must be evaluated to be the equivalent of at least a bachelor’s degree from an accredited institution of higher learning in the U.S.
• You must provide proof that you are a citizen of Australia

How to apply for the E-3 Visa

To apply for an E-3, applicants must provide proof of a valid job offer, such as an offer letter from a prospective employer in the US, as well as their degrees and transcripts, and professional certifications. Employers must also file a Labor Condition Application through the Department of Labor, and once that is approved, they can file Form I-129, Petition for Nonimmigrant Worker with the appropriate immigration authority.

The E-3 visa provides Australian nationals with an excellent opportunity to contribute their expertise to the U.S. labor market. Spouses and children under 21 who accompany an E-3 visa holder to the U.S. may also work and study as E-3 visa holders. While an E-3 visa is only given on a temporary basis, beneficiaries may qualify for permanent residency through an employment-based category, such as the EB-3 petition.

E-3 petitions are eligible to be filed through the USCIS’ premium processing service, which means that by paying an additional fee, the petition may be approved within 15 days as long as no additional evidence is requested.

If you would like help with your E-3 petition, U.S. Immigration Law Counsel® attorneys can guide you through the process. We can also answer all your questions to ensure that you have the right credentials to apply for this coveted visa.