How Long Can You Stay in the United States on an E3 Visa?

If you plan on staying in the United States on an E3 visa, it is essential that you understand its restrictions. This visa does not grant permanent residency status and may only be used up to two years at a time. Furthermore, should you wish to launch your own business using an E3 visa as support, consult an immigration attorney prior to starting such activities.

The E3 visa is an employment-based nonimmigrant visa available to individuals holding at least a bachelor’s degree in specialty occupations, typically those that involve both theoretical and practical application of highly specialized knowledge. Such work typically requires at least a bachelor’s or higher degree to perform adequately and may include substantial creative or technical elements.

In order to be eligible for an E3 visa in the US, it’s necessary for you to work at an employer performing “specialty occupations.” Your employer must file a Labor Condition Application (LCA) with the Department of Labor showing that this job meets visa criteria – it must meet specific minimum wage and compliance standards as part of this application process.

Once your LCA has been approved, you can begin working in the US on an E3 visa. Initial duration can last for two years with extensions available of up to two years in increments; unlike many work visas which limit how often extensions may be granted each year or cap them at certain levels, which limits how frequently extensions may come through on E-3 visas.

Proof that you qualify for an E3 visa must include providing extensive documentation and attending an interview with USCIS. This may include employer support statements, an LCA, proof of educational qualifications, as well as evidence that your job qualifies as “specialty occupations”, which pays the prevailing wage in your field of employment.

Transferring an E3 visa requires going through an extensive transfer process with USCIS. Your new employer must submit a nonimmigrant worker petition on your behalf and present evidence that proves that it fulfills its requirements – such as needing at least a bachelor’s degree to fill their job opening and paying at least the prevailing wage.

Filing for an in-country extension may be more straightforward and takes less time than consular options, however.

If you want to extend your E-3 visa, the best time and way is often right before the current work permit has ended. To do this, complete Form I-129 either from Australia or internationally with professional assistance – often this approach can be more cost-effective than consular route.