5 Things You Should Know About Applying For an E-3 Visa

Lincoln practices US immigration law at SGG with an emphasis on representing individuals, entrepreneurs and businesses from around the globe. His practice includes counseling clients on employment-based visa matters, corporate transactions and compliance matters related to US immigration law.

E-3 Visas are exclusively reserved for Australian nationals seeking employment in specialty occupations in the US, while their spouse and children can accompany them into this country.

E-3 Visa

The E-3 Visa is often chosen by degree-holding Australians beginning a new job in the USA. Although it requires extensive paperwork and completion of a labor condition application (LCA), Galstyan Law has created five things you should know when applying for an E-3 Visa.

1. Make sure your employer has filed for an LCA.

As part of the E-3 process, your new US employer is required to file a Labor Condition Application with the Department of Labor on your behalf and file it before you can start working in America. An LCA provides details regarding specific employment-related details like type of occupation, wages and working conditions as well as certification by DOL prior to commencing employment in US.

2. Your LCA should be valid for two years. Your LCA is granted for two years but you may apply to extend it by an additional two-year increment if needed.

3. Your E-3 Visa Limits Your Work Options

As with other employment-based nonimmigrant visa categories, an E-3 visa only grants permission for work at one US employer who sponsored you; any time spent working for another will require starting a separate petition application process. You cannot change jobs while on an E-3 visa as any time spent doing so will require starting an entirely new petition process and application.

4. Fulfil the E-3 visa’s minimum education requirements. To be eligible for an E-3 visa, applicants must hold at minimum a bachelor’s degree (or its equivalent from overseas studies or degrees obtained in the United States) as well as experience in their field – typically three years full-time work in it or provide proof that one will be available within an acceptable time. Furthermore, any license requirements should either already exist or that they will soon.

5. Bring Your Family With You.

E-3 visa holders may bring their spouse and unmarried children under 21 into the U.S. They are entitled to receive all benefits that apply to an H-1B worker, as well as filing an Application for Employment Authorization with DHS on their behalf – proof of relationship must also be provided, along with copies of spouse or child birth certificates as soon as they arrive in America or after.