An E-3 Visa Lawyer Can Help You Qualify For the E-3 Visa

Assistance was provided to clients regarding compliance with immigration requirements in employment decisions and policies, monitoring regulatory changes, planning for sponsorship opportunities and obtaining temporary work authorization.

E-3 visas are available to citizens of Australia traveling to the US for work in specialty occupations. To qualify, an employer must fulfill certain criteria and file a Labor Condition Application on your behalf.

What is an E-3 Visa?

The E-3 visa is a nonimmigrant work permit available to citizens of Australia. Established under the Australia-United States Free Trade Agreement, it serves those in special occupations such as business management, computer programming, engineering architecture health care and medicine research. To qualify for an E-3 visa in the US, you must secure a sponsoring employer who will sponsor your employment and submit a Labor Condition Application (LCA) to the Department of Labor showing no qualified US worker is available at prevailing wages for your position. In addition, you must possess either an appropriate degree in your specialty occupation or equivalent professional experience; and, if needed for your occupation, possess or obtain your license within a reasonable timeframe.

The E-3 visa offers an easier process than its H1B counterpart and is an excellent choice for Australian professionals entering the United States for work purposes. Applicants still need to prepare several crucial documents, including their LCA and proof of qualification – for a complete list of required items please visit our E-3 Checklist page. In addition, applicants must attend a visa interview at an US embassy or consulate where a consular officer will assess your credentials and experience before issuing your visa.

What are the requirements for an E-3 Visa?

The E-3 Visa is intended for Australian nationals seeking employment in specialty occupations in the United States, along with their spouses and children. To be eligible, an applicant must meet several requirements such as having a job offer from a US employer, filling out a Labor Condition Application (LCA), and provide documentation showing they require at least a bachelor’s degree to perform their specialty occupation in America.

LCA must demonstrate that wages offered by an US employer meet or surpass prevailing wages for their occupation. Furthermore, applicants must complete Form DS-160 – Nonimmigrant Visa Application – and pay the requisite fee before receiving an interview appointment letter to bring to their interview appointment.

Although an E-3 visa can be obtained within the US, applying from outside is generally more efficient and practical. Each year there are up to 10,500 initial E-3 visas issued and these can be renewed indefinitely; dependent spouses or children of E-3 holders may also qualify for dependent E-3-D visas.

As opposed to H-1B visas, E-3 visas don’t have a cap that limits how many can be approved annually – making this visa more accommodating and flexible for individuals looking to come work in America, bringing their spouses or children with them as well.

How long can I stay in the United States on an E-3 Visa?

The E-3 visa permits its holders and their spouse to remain in the United States for up to two years, with applications submitted every two years for further extensions, potentially leading them to receive permanent resident status (Green Cards).

For you to qualify for an E-3 visa, your employer must offer you a job that qualifies as a specialty occupation – this typically means it requires at least a bachelor’s degree in your area of expertise or equivalent experience, and pays at or above prevailing wages for such work.

Your US employer must file an Employment Condition Application, ETA Form 9035, with the Department of Labor before hiring you. This process differs from filing an H-1B petition with USCIS for approval; however, this step can often be completed more quickly and efficiently by employers.

Your employer must submit not only an ETA Form 9035 application but also copies of your academic credentials and evidence that demonstrates you are highly qualified for the position, such as documents showing your bachelor’s degree and letters from previous employers verifying experience. Furthermore, an official offer letter from US-based employer should be included that directly meets E-3 visa criteria.

Who can apply for an E-3 Visa?

The E-3 visa is available to citizens of Australia engaged in highly specialized occupations that pay the prevailing wage and require extensive theoretical and practical application of highly specialized knowledge. Furthermore, employers must demonstrate that no US worker can perform this job at its prevailing wage. Compared with other employment-based visas such as H-1Bs, this one offers more flexibility. There is no annual cap for issuing E-3 visas while spouses and children of holders may enter and remain in the US with unrestricted work authorization.

Additionally, the E-3 visa is one of few employment-based visa categories which does not require pre-approval from USCIS before application can be submitted for consideration, making its obtaining quicker and simpler for both employers and employees alike. Furthermore, its flexible nature enables easier transitions between employers than other employment-based visas.

Conclusion The E-3 visa is an ideal way for Australian nationals seeking to live and work in the US, due to its low fees and fast processing time. Furthermore, this type of employment-based visa permits for status retention outside the country as one of few available options.