E-3 Work Visa for Australians

The E-3 visa is for nationals of the Commonwealth of Australia who wish to enter the US to perform services in a "specialty occupation."

The term "specialty occupation" means an occupation that requires theoretical and practical application of a body of highly specialized knowledge, and 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 United States. The definition is the same as the Immigration and Nationality Act definition of an H-1B specialty occupation.

Spouses and dependents of E-3 visa holders are entitled to work authorization.

The petitioning employer will be required to file a Labor Condition Application certifying that it will pay the employee, the U.S. prevailing wage and file the application with the U.S. Consulate. There are only 10,500 E-3 visas issued each fiscal year. The time limits on these type of visas are the same as E-1 and E-2 visas (as opposed to H-1Bs), or between two and five years. More significant, however, is that they can be renewed indefinitely.

The new E-3 visa classification currently applies only to Australian nationals, their spouses and children. E-3 principal applicants must be going to the United States solely to work in a specialty occupation. The spouse and children need not be Australian citizens. It has many advantages over the other types of working visas, including the ability for spouses of E-3 recipients to apply for work authorization.

Our firm provides full-service professional legal advice and representation to help you find an immigration solution to your visa needs. Please contact us to discuss your Immigration options.

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