E-3 VISAS

Certain Specialty Occupation Professionals From Australia

The E-3 classification applies only to nationals of Australia. The Australian National must be coming to the United States solely to perform services in a specialty occupation. The specialty occupation requires theoretical and practical application of a body of knowledge in professional fields and at least the attainment of a bachelor’s degree, or its equivalent, as a minimum for entry into the occupation in the United States.

Eligibility Criteria for E-3 Visa

To qualify for an E-3 visa, you must demonstrate that:

1. You are a national of Australia;
2. You have a legitimate offer of employment in the United States;
3. You possess the necessary academic or other qualifying credentials;
4. You will fill a position that qualifies as a specialty occupation.

If applying for E-3 visa from within the U.S., then your employer must file Form I-129 and apply for a change of status to obtain E-3 nonimmigrant temporary worker classification. Your Form I-129 needs to include the following:

• A Labor Condition Application (“LCA”) which cannot be the same application used in a previous H-1B application. The LCA has to be specifically annotated as E-3 LCA.
• Academic or other credentials demonstrating qualifications for the position.
• Job offer letter or other documentation from the employer establishing that you will be engaged in a specialty occupation and that you will be paid the higher of the actual or prevailing wage.
• Before commencing work in the specialty occupation, you must have the necessary license or other official permission, if required.

First step is for your employer to file an I-129 petition with USCIS. Once I-129 is approved, your employer will be provided a Form I-797 Notice of Action/Approval. Please note that this is not a visa. After your I-129 is approved and your employer has forwarded you Form I-797, then you may begin application for visa at a U.S. Embassy or Consulate (in your country or residence abroad).

You have the right to apply for an E-3 visa with a U.S. Embassy or Consulate which processes nonimmigrant visas. However, please contact the U.S. Consulate or Embassy where you plan to apply to check that they accept applications from non-residents. Some posts outside of Australia are not familiar with E3 visa and may be unfamiliar with adjudication of such visas. They are also unfamiliar with Australian education institutions, and so proving eligibility will be difficult.

E-3 visa’s initial period of stay is limited to 2 years. You may then file for 2-year extensions and there are usually no limits to number of extensions. If there is a change in employer, then your new employer must file a new LCA and a new E-3 visa application. E-3 Visa holder’s spouse and unmarried children under the age of 21 are entitled to the same E-3 classification. E-3 Visa holder’s spouse is entitled to work authorization, but the children are not entitled to work authorization. Before spouse can begin to work, she must have an approved Form I-765 (Application for Employment Authorization).

E-3 Visa FAQs

https://immigrationlawadvisor.com/e3_visa_faq.php