E-3 Visa for Specialty Occupation Professionals from Australia

The E-3 visa classification applies only to nationals of Australia based on a treaty with United States. In order to qualify for this visa, Australian nationals must be coming to the United States solely to perform services in a specialty occupation. In order to qualify as a specialty occupation, the position must require theoretical and practical application of a body of knowledge in a professional field. It must also require at least the attainment of a bachelor’s degree, or its international equivalent, as a minimum for entry into the occupation in the US.

Eligibility Criteria for an E-3Visa

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

• you are a national of Australia;
• you have a legitimate offer of employment in the US;
• you possess the necessary academic training or other qualifying credentials;
• you will fill a position that qualifies as a “specialty occupation” as described above;

When you are applying for an E-3 Visa from within the US, the form I-129 Petition for Nonimmigrant Worker is used to apply for a change of status to obtain the E-3 nonimmigrant temporary worker classification.

Necessary Supporting Documents for an E-3 Visa

When submitting the Form I-129, you must include the following documents:

• A Labor Condition Application (LCA). This cannot be the same LCA used in a previous H-1B application. Until the Department of Labor (DOL) develops a new LCA for an E-3 visa, the standard ETA-9035 should be used. Ask that it be annotated as an E-3 LCA.
• Proof of academic training or other credentials demonstrating that you have the qualifications for the position being offered.
• Documentation of the job offer letter or other documentation from the employer that establishes that you are being offered a position in a specialty occupation and that you will be paid the higher of the actual or prevailing wage.
• If the position requires a certain type of license or other official permission to practice in the specialty occupation, it must be obtained before you begin employment.

Applying for an E-3 Visa at a U.S. Embassy or Consulate

If your petition is approved, the next step is to forward a Form I-797, Notice of Action/Approval to the employer. The employer will then forward the I-797 to you. A Form I-797 approval notice is NOT a U.S. visa. Visas must be obtained at a U.S. embassy or consulate abroad. After the Form I-129 is approved by USCIS, you can then apply for a U.S. visa at a U.S. embassy or consulate. Usually, you will apply in your country of residence abroad. Please visit the Department of State’s Temporary Workers webpage for visa information.

Applying for E-3 Work Authorized Status within the United States

If you entered the United States on a different nonimmigrant status such as F-1 Visa (student) or B-2 Visa (visitor), you can change your status to E-3 within the United States by filing a change of status application with USCIS.  Please note that if you entered the United States on a visa waiver (ESTA visa) you will not be able to change your status within the United States to E-3.  Please also note that you may not begin employment until the change of status application has been approved by USCIS.

Period of Stay/Extension of Stay under an E-3 Visa

The period of stay for an E-3 visa is 2 years with up to two years per extension. While there are some exceptions, there is generally no maximum number of extensions for which you can apply.

Changing  Employment while Present with an E-3 Visa

Your new employer must file a new LCA and a new E-3 visa application each time you change your employment position. The gap between the jobs must be 10 days or less in order to qualify.

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

Family of E-3 Visa Holders

The spouse and unmarried children under 21 years of age of an E-3 visa holder are entitled to the same E-3 classification. In addition, while the spouse of an E-3 holder is entitled to work authorization, the children are not. As the spouse of an E-3 nonimmigrant who wants to apply for work authorization, you would file a Form I-765, Application for Employment Authorization.

Immigration Attorney Assistance with E-3 Visa Application

If you or your employer has any question regarding E-3 visa processing, please contact immigration attorney direct line (949)228-3922 or email me at attorney@lawofficesofjackcsung.comto receive a free consultation with immigration attorney. Office hours are Monday to Saturday from 9:00AM to 9:00PM, and email consultation are open 24 hours a day, 7 days a week. Immigration law office located at 2975 Wilshire Blvd. Suite 352 in Los Angeles, California. Free immigration consultation and advice within 24 hours guaranteed.