E-3 US Work Visa for Australian Citizens

E-3 Specialty Occupation U.S. Work Visa for Australians

The E-3 visa represents a unique path of employment for Australians in the United States and provides several key benefits for both employee and employer over alternate U.S. work visas.

The E-3 visa is essentially derivative of the more common H-1B visa and carries across much of the core legislature. Differences relating to periods of presence, renewals and amendments, spouses and children, application complexity and general U.S. Government compliance underpin what is effectively one of best employment visas issued by the U.S. Government for the hiring of foreign nationals, albeit only those from Australia.

The E-3 visa is specifically:

• for an Australian Citizen with a current Australian passport;
• for employment by a U.S. company or business located in the United States;
• in a specialty occupation that meets specific skill and vocational preparation time criteria;
• that requires a university degree - or - experience in a particular field that is considered equivalent to a degree (12 years of work experience) - or - a combination thereof.

The E-3 visa has several advantages over most other U.S. employment visas including:

• less regulatory difficulty during processing and application for both employer and employee
• has a high approval rate for a well prepared, compliant and complete application
• provides flexible options on renewals and amendments
• the ability to have spouses and children accompany the primary E-3 visa holder to the U.S. with the ability to work and go to school
• More immediate with most applications being processed from start to finish within 6-8 weeks.
• U.S. businesses of any size and structure can employ a qualified Australian Citizen in their business without the wait times, processing and annual cap pressure that is routine in a other U.S. work visas such as a H-1B application

The E-3 visa has a cap of 10,500 issued visas per U.S. calendar year, though historically it has never reached the cap since introduction in 2005.

Below we answer the most commonly asked questions about E-3 visas.

• What is an E-3 visa?
• Who is eligible for an E-3 visa?
• What are the requirements for an E-3 visa?
• How do I apply for an E-3 visa?
• How much does an E-3 visa cost?
• What is the standard processing times for an E-3 visa application?
• What is a specialty occupation for an E-3 visa?
• E-3 visa to U.S. green card?
• What options are available for spouses and children of E-3 visa holders?
• Do you need a lawyer to apply for an E-3 visa?

What is an E-3 Visa?

The E-3 visa category was established in 2005, specifically allowing Australian citizens to live and work on a temporary basis in the United States, in a specialty occupation.

E-3 visas are valid for up to (2) two years. Provided the applicant can demonstrate that they do not intend to remain or work permanently in the U.S and have ties to their country of origin (usually Australia), the E-3 visa can be renewed and extended indefinitely, subject to continuing to meet eligibility criteria.

Who Is Eligible for an E-3 Visa?

To be eligible to apply for an E-3 visa, the primary applicant must be an Australian citizen holding a valid Australian passport. The applicant must have attained either a bachelor's degree (or the equivalency of a bachelor's degree) or  has completed 12 years or more of relevant work experience. The applicant must also gain sponsorship and a job offer to work in a specialty occupation from a U.S. employer before  applying for an E-3 visa.

What Are the Requirements for an E-3 Visa?

• You must be an Australian citizen holding a valid Australian passport.
• You must have a job offer from a U.S. employer.
• As the primary applicant, you must have a 4-year bachelor's degree, or the equivalent based on professional experience. An Australian 3-year bachelor degree will qualify if processed through a specific path.
• The proposed role in the United States must be one that typically requires a bachelor's degree or equivalent, and be considered a specialty occupation.
• The sponsoring U.S. employer must be willing to pay you at or above the required prevailing wage on U.S. payroll and obtain a certified Labor Condition Application from the U.S. Department of Labor.
• Your first E-3 visa application will be usually be applied for through an in-person visa interview at a U.S. Consulate.

How Do I Apply for an E-3 Visa?

1. Have a job offer in place from a U.S. employer who is willing to sponsor you for the E-3 visa.
2. The U.S. employer or your legal team will file the required Labor Condition Application (LCA) with the U.S. Department of Labor.
3. When the LCA is certified and supporting documentation is compiled, you or your legal team can schedule a visa interview appointment at the U.S. Consulate in your region. In Australia, the U.S. Consulates in Sydney, Melbourne, and Perth review visa applications.
4. The applicant and any family members over 14 applying for the dependent E-3D visa attend the in-person interview. The LCA and required documentation are provided to the Consular Officer for review.
5. The Consular Officer will typically approve or deny the E-3 visa application during the interview.  If approved, the U.S. Consulate will mail back the applicant's passport(s) with the issued E-3 visa label / stamp(s) or you may opt to collect your passport(s) from a VFS location.

How Much Does an E-3 Visa Cost?

Currently, the E-3 visa application fee is $315 USD per applicant. This fee is charged by the U.S. Consulate for the E-3 applicant as well as for each dependent family member applying for an E-3D visa.  The application fee is non-refundable if the visa is denied.

E-3 visa application fees and legal fees can be paid by the applicant themselves or by the U.S. employer.

In comparison to other U.S. visas, the Australian specialty occupation E-3 visa is significantly cheaper than petition-based applications. AWCIA and USCIS fees can add up to $5,000 USD for other employment class petitions.

Legal fees will vary depending on the specific law firm, experience specific to U.S. employment visas and the services that are provided. Contact us to discuss your case and inform us of your specific circumstances.

What Are the Standard Processing Times for an E-3 Visa Application?

Typically, we estimate the documentation required for a qualifying new E-3 visa can be prepared by WMP in approximately 2-3 weeks including employer certifications and all qualifying documents for a standard case.

E-3 visa applications can be submitted and approved anywhere from 6-8 weeks total, from case initiation with WMP, Consular appointment scheduling and interview to the receipt of the E-3 visa.

Processing times can vary and should be used as a guide. Factors that can influence processing times include;

• The U.S. employer and Department of Labor (DOL) components,
• The timeliness of the applicant to provide the required documentation,
• The complexity of the application,
• If the applicant does not have a degree and their relevant work experience requires certification,
• and potential backlogs at the U.S. Consulate for visa appointments

What Is a Specialty Occupation for an E-3 Visa?

There are two separate components to satisfy the specialty occupation criteria:

• The first is that the position that typically requires a minimum of a bachelor degree - or - equivalent experience (twelve years work experience).
• The second is that it must satisfy a skill level criteria regarding specific vocational preparation time, i.e the time it would take a person to learn the skills, techniques and knowledge for what would be considered an average level of competence in the specified position.

Both of these components must be valid for the position to be considered a specialty occupation in an E-3 visa application.

E-3 Visa to U.S. Green Card?

Applying for a green card, or legal permanent residency in the United States requires sponsorship.

There is no direct transition from an E-3 visa to a Green Card or permanent residency, though either through a U.S. employer or an immediate relative or spouse who is a U.S. citizen or permanent resident can sponsor an E-3 visa holder for residency under separate green card application processes.

The position that an E-3 visa holder can transition to a U.S. green card is a misnomer, since it is omitting information differentiating the conditions of single and dual intent U.S. visas.

The E-3 visa is a single intent (to perform work as an employee temporarily for a U.S. business), non-immigrant visa. Displaying intent to seek permanent residency in the U.S. through application for a green card, while entering or present in the U.S. on an E-3 visa, can be interpreted as violating the explicit nature of non-immigrant intent, conditional in the approval and ongoing compliance of an E-3 visa.

This may result in increased scrutiny from U.S. Consular Officers or Customs and Border Protection (CBP) when attempting to re-enter the United States, applying for E-3 visa renewals or E-3 visa amendments, future U.S. travel through ESTA or other U.S. visa or residency applications.

Non-immigrant visa applicants will generally have to demonstrate ties to a country outside of the U.S. as part of their initial visa application. If entering the United States on a single intent, non-immigrant visa such as the E-3, the visa holder must have intent to return to their country of origin after the provisions of visa are complete, or in situations if the provisions of the visa can not be completed (such as becoming unemployed or not being able to work).

If the process of submitting a green card application or adjustment of status due to a change in circumstances is not timed and in-line with strict regulations to ensure legal status, is abandoned, or is in processing when requiring entry or exit from the U.S, it can potentially have further implications.

E-3 visa holders generally have three options when seeking permanent residency through a U.S. Green Card, though these are separate from the E-3 visa process and should be discussed with appropriate counsel prior to proceeding.

1. Enter the annual U.S. Green Card Diversity Lottery. This route provides winners of the lottery a path to permanent residency. Entering the annual green card lottery does not violate the conditions of the E-3 visa and it can be entered while working in the U.S. on an E-3 visa. Winners of the diversity lottery will require application for a green card and this process will display intent to seek permanent residency. The previous caveats discussed in reference to entering the U.S on a visa with non immigrant intent should be reviewed by a U.S. immigration attorney to ensure your application follows all guidelines and regulations.
2. Marriage to a U.S. Citizen or permanent resident - or - sponsorship by relatives or family that are U.S. Citizens or permanent residents
3. Change your employment visa to a H-1B if applicable, or other U.S. visa that provides a path to a green card through sponsorship by a U.S. employer or significant investment in the United States. This route can be long, involves more difficult levels of compliance and has several requirements that need to be met that differ from the processing of an E-3 visa. If this is a consideration, a U.S. Immigration Attorney should be consulted to explain the pros and cons of such an undertaking, specific to your individual circumstances.

What Options Are Available for Spouses and Children of E-3 Visa Holders?

An E-3 visa holders' spouse and children under the age of 21 will automatically qualify for an E-3D (Dependent) visa. They will be required to apply for the E-3D visa through the U.S. Consulate in addition to the primary applicant.  Typically, children under the age of 14 are not required to attend the appointment in person.

As of November 12, 2021, An E-3D spouse has employment authorization incident to being granted status in the U.S. A spouse no longer needs to obtain an Employment Authorization Document (EAD) from USCIS before commencing work. Dependent children are not entitled to employment in the United States.

Please note that U.S. immigration does not recognise de facto partnerships - to qualify for an E-3D visa, the couple must be legally married.

Is it E3 visa or E-3 visa?

U.S. visas are denoted by a letter, indicating the class of visa followed by a hypen, then a numerical indicator which may or may not have a letter subclass. The correct use is E-3 visa though both are commonly used and either will generally be understood in context and discussion about U.S. visas.

Do You Need a U.S. Immigration Attorney to Apply for an E-3 Visa?

Most successful E-3 visa applications engage a U.S. Immigration Attorney that specializes in E-3 visas for assistance to prepare all required documentation, obtain the required certifications from the U.S. Department of Labor, and ensure that a strong E-3 visa application is submitted to the U.S. Consulate.

While it is not a legal requirement, it is recommended to retain professional guidance and counsel with a legal team with experience specific to E-3 visas.

The U.S. immigration team at Worldwide Migration Partners specialises in E-3 visas for Australians in a specialty occupation. Please contact us to discuss your E-3 visa questions or to engage our services for your E-3 visa application.