Australian Citizens Can Apply For E-3 Visas to Work in the US

visa e3 estados unidos

E-3 visa applicants must present extensive supporting documents and attend an E-3 interview, unlike with other work visas that require lodging a petition with USCIS; instead it is assessed on-the-spot by a consular officer at their Consulate of choice.

Your employer must submit a Labor Condition Application (LCA) on your behalf with the Department of Labor based on a formal job offer letter and any relevant supporting documentation.

What is the E-3 visa?

The E-3 visa, created by the Australian-US Free Trade Agreement and implemented on May 11, 2005, enables citizens of Australia to work in specialty occupations within the US.

To qualify for this visa, you must have both an offer from a US employer and a degree or higher in your occupation – this means it requires both theoretical and practical application of highly specialized knowledge.

Your employer must submit a Labor Condition Application (LCA) to the Department of Labor certifying that they will pay at least the prevailing wage and did not hire US workers for similar work. ETA Form 9035 can be used for filing your LCA online.

Other benefits of the E-3 visa include not requiring your spouse to be an Australian citizen, and there being no time limit or cap placed on how long you can remain working on this visa in the US. Furthermore, should any employment be terminated in any way within 60 days, then either find new work or leave the country.

Finally, unlike with an H-1B visa, E-3 visa applications do not need to be filed with USCIS in order to receive their stamp at an American consulate – making the process simpler and faster than with H-1B applications.

How do I apply for an E-3 visa?

Under the Australia-United States Free Trade Agreement (AUSFTA), US employers may hire Australian citizens in specialty occupations. To initiate this process, US employers submit an LCA document to the Department of Labor showing that this job falls into a specialty occupational field; that it offers a prevailing wage; and there are no qualified American workers available at that salary to take on the position.

E-3 visa regulations stipulate that applicants for this category of visas must possess both a bachelor’s or higher degree in their occupation of choice and/or substantial professional experience in that area, either through work or education experience. Our immigration lawyers are adept at analyzing each case individually to develop strategies for qualifying – in some instances we have successfully demonstrated that combining extensive work experience and significant undergraduate coursework provides equivalent equivalency with full-time bachelor degrees.

The E-3 visa can be applied for both directly at a US Consulate abroad and domestically through filing a change of status petition with USCIS Service Centers. Consular processing tends to be faster, but requires leaving the country and incurring travel expenses for international applications.

What are the requirements for an E-3 visa?

An E-3 visa applicant must first meet several basic criteria, starting with Australian citizenship. They also need a bachelor’s degree (or its equivalent), along with relevant specialized skills for their occupation and be employed full-time at their work place – in some instances professional experience may even count as equivalent to formal education.

The E-3 visa is employer-specific, meaning you can only work at the company that sponsors you. You may switch employers – just submit an E-3 petition and LCA with the new sponsor! – or file for an extension through your current sponsor if needed.

To extend an E-3 visa, applicants must submit Form I-134 Affidavit of Support and pay its associated fees ($160). This form is mandatory for most E-3 applicants who cannot demonstrate financial support through employment in the United States.

E-3 visa holders may bring their unmarried children under 21 who meet certain requirements with them into the United States for study or work purposes; their spouse can work, too – unlike dependents of H1B holders who cannot do so legally. With no annual cap on E-3 visa allocation, this visa type provides employers with a viable solution when hiring temporary specialty workers.

How long will it take to get an E-3 visa?

Applying for an E-3 visa requires keeping in mind some important considerations. One major point is that the US Department of Labor requires your employer to demonstrate that your position meets the definition of “specialty occupation,” typically meaning it requires both theoretical and practical application of highly specialized knowledge, in addition to having attained at least a bachelor’s degree or its equivalent in that specialty field or its equivalent – jobs which do not fulfill this requirement likely won’t qualify as E-3 visa applications.

One key consideration in applying to any company is being verified as a true employee by providing documentation such as the company support letter signed by either your manager or supervisor on its letterhead. Furthermore, full-time employment must be guaranteed with wages at least equaling those for your occupation.

An E-3 visa stands out from many other work visas by not charging any filing fees; however, the United States Department of State may charge an interview booking fee at one of their Consulates abroad – this can make the application process much faster than applying from within the US itself.