E3 Visa Lawyer – Minnesota

E3 visas are available to citizens of Australia. Holders can enjoy many advantages with such work permits, including being allowed to open businesses in the US.

However, the process of acquiring an E3 visa can be daunting and complex. Working with an attorney who specializes in E3 visa law will make the experience smoother by explaining all essential requirements and steps involved.


As opposed to H-1B visas, which impose annual numerical caps, E-3 visas do not have such restrictions; they can be renewed indefinitely and are nonimmigrant visas; thus they do not require individuals demonstrating intent to return home at the conclusion of their stay in the US.

However, certain criteria must be fulfilled to qualify for an E-3 visa from Australia. These requirements include possessing a valid passport from Australia, having received an employment offer in the US in an occupation requiring specialist skills, and possessing sufficient educational credentials. Furthermore, employers must file a Labor Condition Application with the Department of Labor and pay at least the prevailing wage rate.

The E-3 visa offers individuals looking to work in the US without going through the lengthy H-1B process an alternative path, while also making for easier integration of highly skilled workers from foreign nations into US businesses.

An E3 visa attorney can be invaluable during the application process and in providing all of the required documentation for submission. Furthermore, legal assistance is often available when issues arise during E3 processing – this may include helping address Labor Condition Application concerns or petitioning issues and managing consular interviews.

Filing the Application

The E3 visa is a multiple-entry permit available exclusively to citizens of Australia. This visa enables these nationals to enter the US in order to provide services in a specialty occupation; only those possessing either a bachelor’s degree or equivalent work experience in a field will qualify.

Starting the application for an LCA with the Department of Labor by your employer is key in applying for this visa. An LCA certifies that your wages and working conditions will be equitable as an employee while also showing proof that no qualified US worker could fill your position.

Once your LCA is approved, you can start applying for your visa. This includes either filling out Form DS-160 online or filing an I-129 petition with USCIS; additionally you will require certified copies of both your LCA and financial documents proving you have enough funds available to support yourself during your stay in America.

As your final step, you will need to attend a visa interview at the United States Embassy in your home country. An official will assess your case and ask questions regarding qualifications and work experience as well as making sure that there is strong intent for return once your time in America has come to an end.


In 2005, Australia created the E-3 visa category for nationals working in specialty occupations. This visa allows these Australian citizens to work temporarily in the US with their spouses and children included; to qualify they must present valid passport, job offer from US company working in specialty field as well as proof that they meet education and licensure requirements for that profession.

An LCA must also be submitted with your visa petition application, as this form certifies to USCIS that the petitioning company is paying the prevailing wage in the US for your position. You should send this LCA directly to USCIS along with your visa petition and copy of biographic page from passport.

Once your application has been reviewed and filed, you will be scheduled for an interview date at either your consulate of choice in your home country, or one of several US locations that offer E-3 visa processing. At this interview, you may be asked questions regarding your background and plans to work in the US; an experienced immigration lawyer can prepare you for this interview in order to obtain optimal results; oftentimes the examiner only needs to ask a few questions before giving out your visa if all criteria have been fulfilled.


Acquiring an E-3 visa in the United States can be a complex and time-consuming process, which is why hiring an experienced attorney to guide you through it is key. They will make sure that all documents and requirements are submitted, assist with interviews and handle any immigration-related issues during this process.

The E-3 visa is a new category of work visa specifically created in 2005 by Public Law 109-13, Emergency Supplemental Appropriations Act for Defense, Global War on Terror and Tsunami Relief 2005. It permits multiple entry visa renewal indefinitely, so changing jobs while on an E-3 visa may be possible but must go through an LCA approval process and pay according to DOL wage standards.

Maridex Abraham is an associate attorney at Loke Walsh Immigration Law in Minneapolis, MN where she specializes in employment- and family-related immigration law matters. She assists clients with H-1B, O-1, PERM and TN visa applications and adjustment of status applications as well as naturalization applications. Maridex received her JD degree from University of St Thomas School of Law where she also held roles such as class representative and social chair of Asian Pacific American Law Student Association.