E3 VISA

To qualify for an E-3 visa, the applicant must meet a set of specific criteria related to their profession, education, and nationality. Below is a detailed breakdown of the requirements:
 

Nationality

The E-3 visa is exclusively available to Australian nationals. Applicants must hold a valid Australian passport to qualify. This visa is not open to permanent residents of Australia who are citizens of other countries.
 

Specialty Occupation

The applicant must be entering the U.S. to work in a specialty occupation. According to U.S. immigration law, a specialty occupation is defined as one that requires theoretical and practical application of a body of highly specialized knowledge. This includes engineers, architects, lawyers, teachers and so much more. If it's normal for someone to have a bachelor's degree in a specific field to perform your position, you're in a 'specialty occupation.
 

Educational Requirements are Met

The applicant must have the necessary qualifications for the specialty occupation. Generally, this means:

• A bachelor’s degree or higher from an accredited institution in a field directly related to the specialty occupation.

• In some cases, equivalent work experience can substitute for formal education, using the U.S. immigration standard of three years of relevant work experience for each year of missing formal education. So, if you're missing any formal degree, you would need documentation of at least 12 years of progressive work experience in your field to qualify.

• The applicant must also have their foreign degree evaluated by a credential evaluation service to ensure it meets U.S. education standards.
   

Valid Job Offer from a U.S. Employer

To apply for an E-3 visa, the applicant must have a legitimate job offer from a U.S. employer.
 

Labor Condition Application (LCA)

Before applying for an E-3 visa, the employer must file an LCA with the Department of Labor and obtain certification.

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The LCA confirms that:

• The applicant will be paid the prevailing wage for the specific job in the geographic area of employment.

• The employer will uphold fair working conditions and not displace U.S. workers with the foreign employee.

• The certified LCA must be included with the E-3 visa application.
   

Intent to Return to Australia

Unlike H-1B visas, the E-3 does not allow for dual intent (simultaneously pursuing permanent residency). However, applicants are not required to demonstrate ties to Australia as rigorously as some other visa categories. As long as they state their intent to return home, this typically satisfies the requirement.

The E-3 visa application process involves several steps that include both the employer and the applicant. Below is a detailed guide on how to apply for an E-3 visa:
 

Step 1: Obtain a Job Offer

The process begins with the U.S. employer offering a job to an eligible Australian worker in a specialty occupation. The employer must ensure that the position meets the educational and professional requirements for the E-3 visa.
 

Step 2: File a Labor Condition Application (LCA)

The employer must file an LCA (Form ETA 9035) with the U.S. Department of Labor. This is a critical part of the process and must be certified before the applicant can apply for the visa. The LCA confirms that the applicant will be paid at least the prevailing wage for the job and that hiring a foreign worker will not negatively impact the working conditions of U.S. employees.
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Step 3: Prepare the Required Documentation

Once the LCA is approved, the applicant should gather the necessary documents for their visa interview:

• Valid passport: The applicant’s passport must be valid for at least six months beyond their intended stay in the U.S.

• DS-160 Form: The Nonimmigrant Visa Application form must be completed online. This form requires basic personal and travel information.

• Receipt of the visa application fee: The E-3 visa application fee is currently $315 (as of 2024).

• Copy of the certified LCA.

• Job offer letter: The letter should outline the terms of the offer, including the job title, duties, and salary.

• Evidence of educational qualifications: This includes degrees, diplomas, or other relevant credentials. If the degree is from outside the U.S., a credential evaluation is required.

• Professional licenses: If the position requires a professional license, the applicant must provide evidence that they hold the necessary credentials or demonstrate eligibility to obtain a license.
   

Step 4: Schedule and Attend a Visa Interview

After gathering all required documents and submitting the DS-160 form, the applicant schedules an interview at the nearest U.S. embassy or consulate. During the interview, the applicant will be required to present all relevant documentation and answer questions about the job offer, qualifications, and intent to return to Australia after their authorized stay in the U.S.

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The consular officer will assess whether the applicant meets the requirements for an E-3 visa.
 

Step 5: Wait for Visa Approval

If the consular officer approves the visa, the applicant’s passport will be stamped with the E-3 visa. Processing times vary, but once approved, the applicant can travel to the U.S. to begin employment.
 

Step 6: Enter the U.S. and Start Employment

Upon entry into the U.S., a Customs and Border Protection (CBP) officer will issue an I-94 record, indicating the applicant's approved stay (usually up to two years initially).

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The E-3 visa holder can then start working for their U.S. employer in the specialty occupation.

The E-3 visa is granted for an initial period of up to two years, with the possibility of unlimited two-year extensions as long as the visa holder continues to meet the criteria. The key points about the duration are as follows:
 

Initial Stay:

The initial E-3 visa is issued for a maximum of two years.
 

Extensions:

E-3 visa holders can apply for unlimited extensions in two-year increments. There is no limit on the number of renewals, provided the visa holder continues to meet the eligibility requirements and maintains nonimmigrant intent (the intention to return to Australia).

 

The extension process involves the employer filing a new LCA with the Department of Labor and the applicant reapplying for the visa at a U.S. consulate or applying for an extension with U.S. Citizenship and Immigration Services (USCIS) from within the U.S.
 

Change of Employer:

If the visa holder wishes to change employers, they must file a new LCA with the new employer and submit a new visa application. The new employer must also comply with the LCA requirements and confirm that the role qualifies as a specialty occupation.

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Unlike with an H1B transfer petition though, you cannot begin working for the new employer upon the filing of the petition with USCIS (there's no portability). Instaed, you need the petition approval notice. This means that in most situations, you will need to file your E-3 transfer petition utilizing the “premium processing” option which provides a decision within 15 business days but incurs additional government filing fees. In some cases, it may be more efficient to apply for the E-3 with the new employer at a United States Consulate abroad. This is a strategic decision to discuss with your employer and your counsel.