E-3 Certain Specialty Occupation Professionals from Australia

Description

The E-3 classification applies only to nationals of Australia. You must be coming to the United States solely to perform services in a specialty occupation. A specialty occupation is a position that requires the attainment of a bachelor's degree, or its equivalent, as a minimum for entry into the occupation.

Eligibility Criteria

To qualify for an E-3 visa, you must demonstrate that you:
(1) Are a national of Australia
(2) Have a legitimate offer of employment in the United States
(3) Possess the necessary academic or other qualifying credentials
(4) Will fill a position that qualifies as a specialty occupation

Applying for an E-3 Visa

Unlike other immigrant visas, applicants do not typically (although they can) apply for E3 visas in the United States.

Supporting Documents

Your must include the following documents:
(1) A Labor Condition Application (LCA) which cannot be the same application used in a previous H-1B application.
(2) Academic or other credentials demonstrating the attainment of a bachelors degree or the equivalent
(3) 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
(4) If required, before you may commence employment in the specialty occupation, you must have the necessary license or other official permission to practice in the specialty occupation

Period of Stay/Extension of Stay

Initial Period of Stay
2 years

Extension of Stay
Up to 2 years per extension; no maximum number
of extensions, with some exceptions.

Change of Employment

Your new employer must file a new Labor Condition Application and a new E-3 visa application. The gap between the jobs must be 10 days or less.

Note: Form I-129 is used to apply for an extension of stay or change of employment.

Family of E-3 Visa Holders

Your spouse and unmarried children under 21 years of age are entitled to the same E-3 classification. Your spouse is entitled to work authorization, but not your children. To apply for work authorization as a spouse of an E-3 nonimmigrant, your spouse would file a Form I-765, Application for Employment Authorization.