David Immigration Law – An E3 Visa Lawyer Can Help Australians Apply For a Specialty Occupation Visa

e3 visa lawyer north dakota

David Immigration Law offers assistance for Australian expats applying for an E-3 visa at US Consulates offices across the US.

Immigration lawyers can assist in preparing you to attend an interview with a consular officer and can also prepare the appropriate forms.

Specialty Occupations

Specialty occupation RFEs involve determining if an H-1B specialty occupation applies. This term refers to positions which require both theoretical and practical application of highly specialized knowledge. To qualify for a specialty occupation position in general, an alien must hold at least a bachelor’s degree in their chosen field of specialisation – either through U.S. baccalaureate degree or higher education, or another method determined equivalent by USCIS. An alien must also possess the appropriate credentials in their area of specialisation and may use professional experience as a replacement for some of their educational requirements, with three years of increasingly responsible experience equivalent to one year of formal schooling.

To increase your chances of successfully responding to an RFE related to a specialty occupation, it is advisable to speak to an experienced immigration attorney as soon as possible. Consulting with one can ensure all relevant details are included in the petition and that evidence provided is sufficient and complete – as well as helping prevent costly errors from being made during filing process. Consulting an E3 visa Lawyer North Dakota from Park Evaluations immediately can boost your odds of success; contact them now!

Spouses and Dependents

The E3 visa is an attractive option for Australians looking to work in the United States, as its application process is simpler than an H-1B and its chance of approval higher. Before applying, however, some key details must be kept in mind before you submit an E3 application: your job must qualify as a specialty occupation – which means there must be limited qualified US workers available – and also requires either a bachelor’s degree or equivalent experience; should any uncertainty exist, consulting an immigration lawyer could help clarify matters further.

E-3 visas are valid for two years and can be renewed indefinitely, while spouses and unmarried children (under 21) of E-3 visa holders can accompany them into the United States on E3D dependent visas which are only available with valid passports from Australia – an annual cap has never been reached on these visas!

F-1 students and J-1 exchange visitors may also qualify for work authorization if their spouses or children accompany them into the United States on a B-2 visitor visa, providing evidence of their relationship to ISSS by submitting a Dependent Employment Request form and provide evidence of it.


An E-3 visa also requires US employers to file a Labor Condition Application on behalf of its applicant in order to satisfy US government approval for work being performed by foreign nationals in special occupations – an essential element in qualifying for this type of visa.

E-3 status workers must also possess the requisite qualifications for the job in question, which may include degrees, licenses or combinations of education and experience (for instance three years of progressive responsibility can count as equivalent to a bachelor’s degree).

Employers of E-3 status employees must pay them the prevailing wage in their occupational field; otherwise, the US Department of Labor will require that higher payments are made.

E-3 status individuals must file Form I-134, Affidavit of Support with USCIS as part of their visa application process in order to demonstrate they possess sufficient resources in the form of financial assets in order to cover living costs while working here in America.

One of the greatest advantages of the E3 visa for Australian workers is being able to bring their spouses and children with them, making it more cost effective for employers who wish to hire top talent from Australia. Furthermore, with lower application costs compared with H1B visas it provides employers with more cost effective options.

Traveling to the U.S.

The E3 visa is available to Australian nationals who will be engaging in qualifying specialty occupations in the US, usually for two years (although extension can be granted), with spouses and children accompanying principal visa holders into the country without limit or need for labor certification (LCA).

To be eligible for an E3 visa, applicants must hold either a bachelor’s degree or equivalent professional experience in their specialty field, meet educational and occupational requirements of their job, possess a valid passport from Australia, and possess or show that they will acquire licensure within an acceptable time after arriving to the US.

Your employer must file a Petition for Nonimmigrant Worker with USCIS, along with an accompanying letter outlining your position and specialty occupation. They also need sufficient resources to support you while in the US, so an Affidavit of Support must also be submitted – both must be included with Form I-129 together, along with copies of both biographic pages from your passports as part of this submission process.