Friday 10 May 2024

The E-3 visa program applies to US employers seeking to hire Australian nationals to perform services in a specialty occupation. Specialty occupation requires theoretical and practical application of a body of highly specialized knowledge and the attainment of a bachelor’s or higher degree in the specific specialty (or its foreign equivalent), as a minimum for entry into the occupation in the US.

E-3 Eligibility Requirements:

• applicant is a national of Australia;
• legitimate offer of employment from a US employer;
• possess the necessary academic or other qualifying credentials; and
• proffered position qualifies as a specialty occupation.

Application Process

There are two ways in which an employer may file an application on behalf of the prospective employee. In both processes, the employer must first file a Labor Condition Application (LCA) that has been “certified” with the Department of Labor.

• USCIS filing – US employers can apply for an E-3 petition within the US on behalf of the Australian national with US Citizenship and Immigration Services (USCIS); or
• consular filing – Australian nationals may apply for the E-3 visa application with the US Consulates abroad by submitting an online non-immigrant visa application (DS-160) and scheduling a visa appointment.

Advantages of the E-3 visa

• Consular advantage – The E-3 visa can be applied directly at a US Consulate outside of the US and does not require a petition to be filed with USCIS, typically allowing quicker adjudication. In addition, USCIS filing fees are not required for this process.
• Cap of 10,500 visas issued annually; however, this is rarely reached.
• No “lottery” – E-3 visa does not have an annual lottery system (like an H-1B), which means that employers may file an application at any time throughout the year and before the cap is reached.
• Open start date – The prospective employee may start immediately once the case is approved.

E-3 Validity Period

The E-3 visa is valid for two years and can be extended for two years increments, indefinitely.

Family of the E-3 Nonimmigrant Worker

An E-3 employee’s spouse and unmarried children (under 21 years of age) are authorized to hold dependent E-3 classification. Spouses of E-3 workers are considered employment authorized incident to status. However, children of E-3 employees may not be employed in the US.

Adjustment of Status (Green Card) Application

An E-3 visa holder can pursue an adjustment of status (green card) process.

Contact Laura Devine Attorneys to learn more about the E-3 process.