Australian Citizens Can Apply For the E3 Visa Form to Work in the United States

The E3 visa provides Australian professionals who wish to work in the US an attractive option. Unlike its H-1B counterpart, this visa does not necessitate filing Form I-129 with USCIS.

Candidates should submit the necessary documentation at their interview, such as either an original or copy of their LCA.

Qualifications

The E3 visa is an employment-based visa that allows Australian citizens to temporarily work in the US for up to two years at a time, in specialty occupations. Each year a limited number of these visas become available. To qualify, your employer must file a Labor Condition Application (LCA), showing they were unable to find qualified American citizens for your position and offering you at least an equal wage rate as the local prevailing rates in your area.

The company must notify its workers and a bargaining representative of your application and demonstrate that you will enjoy similar working conditions and benefits as its other employees.

Your Australian residency must be your primary home upon leaving the US, be it an apartment building, house or family member’s place of residence.

Financially supporting yourself and any family members joining you in the United States will depend on your circumstances, but sufficient funds should be set aside to cover living expenses. In addition, you must possess a valid passport from Australia; an E-3 visa application can be submitted either within the US or at a consulate abroad.

Work Experience

The US E3 visa for Australian citizens was first made possible thanks to the Australia-US Free Trade Agreement (AUSFTA) and has become an excellent option for professionals working in specialty occupations who want to temporarily move to the US for work purposes. Annually limited to 10,500 applications but renewable indefinitely; dependent spouses and children of its holder may join their holder in America.

To be eligible for a work visa in the US, you must hold a job offer from an American employer in an occupation with at least the prevailing wage and be granted labor certification by the Department of Labor. Furthermore, you must possess either a bachelor’s or higher degree and three years of relevant work experience in your specialty occupation as well as having access to financial means for self-support while in America.

Once your employer has filed the I-129 petition and obtained LCA approval, you can collect all required documents and schedule a visa interview at one of the nearby U.S. Consulates or Embassies. Don’t forget to bring all supporting documents along with a copy of biographic pages of passport(s). At your interview you will likely be asked questions regarding your career path and why an E3 visa is being requested; answer honestly without hinting that you intend on staying permanently in America.

LCA

Before applying for an E-3 visa petition in the US, your employer must first secure Department of Labor approval by submitting a Labor Condition Appraisal (LCA) to the International Students and Scholars Center (ISSC). Your LCA must detail all aspects of the job for which you have been hired as well as location details and hours. ISSC will verify its accuracy before approval; should production cease, employers must certify they will notify ISSC immediately.

However, you’ll still need several documents, including your job offer and Form ETA 9035 which demonstrates your employer’s legal presence and approved LCA (Letter of Certification of Authorization), that demonstrates your employment will not be filled by a US national and that your salary will remain fair.

Before beginning work in the US, an LCA must be filed and certified by the Department of Labor; once certified, your employer will send it directly to you in a support letter and you must start within the dates listed on both your LCA and department appointment letter. Should your employer change, however, a new LCA and petition must be filed in order to maintain legal status.

Application Fee

The E3 visa is a multiple-entry work permit that allows Australian citizens to temporarily work in the US under the Australia-United States Free Trade Agreement (AUSFTA). It’s valid for two years with indefinite renewal options; spouses and children of visa holders may join their holder when visiting.

To apply for an E3 visa, it is essential to possess both a valid passport and meet the qualifications. Furthermore, you should present both your employer support letter as well as Form I-129 Petition for Nonimmigrant Worker as part of your application process. You should then fill out Form DS-160 Electronic Nonimmigrant Visa Application, submit payment (whether online or at USCIS call centers), keep receipt and bring to interview as well as Form G-28 Notice of Appearance of Attorney or Accredited Representative to complete the process.

An interview is an integral part of the visa application process and must go smoothly to be granted one. A US Embassy official will assess your character, work experience and qualifications during your visa interview and will ask questions about why you want to work in the US; in particular if any mention of plans to stay permanently is made it may lead to visa being denied; to avoid this happening it would be prudent to hire an immigration attorney as this process requires considerable preparation from both parties involved.