The E3 Visa – A Special Multiple-Entry Visa For Australian Citizens

eta 9035 e3 visa

The E3 visa is a US work permit designed for Australian citizens who hold Bachelor’s degrees in certain specialized areas, valid for two years and renewable indefinitely. E3 holders may also apply for their spouses employment authorization document (EAD).

Employers must submit a Labor Condition Application (LCA) for each employee prior to filing an employment petition or applying for visas through the Department of State. LCAs should be submitted through iCERT system.

Eligibility criteria

Alternatively, Australian citizens looking to work in the US might consider applying for an E3 visa – this multiple-entry permit entitles holders to work for up to two years with renewal options indefinitely. To qualify for such a visa, employers must offer jobs that require at least a bachelor’s degree, with salaries that meet or surpass prevailing wages; it also makes for easy family relocation!

The Department of Labor (DOL) recently made changes to Labor Condition Application Form ETA 9035/9035E, an essential filing by employers sponsoring nonimmigrant workers for H-1B and E-3 visa categories. These modifications require H-1B employers to provide significantly more information regarding offsite worksites operated by third-party vendors; this will allow ICE and USCIS better monitor offsite activities, identify compliance issues, and target H-1B dependent employers.

E-3 visa status is employment-based; individuals in this category must receive their salary directly from their employer as specified on their LCA. Harvard University employees should note that fellowship income does not count toward maintaining E-3 status; instead, salaries must meet or exceed prevailing wages in their occupation and come directly from Harvard University.

Application process

The E3 visa is designed for Australian citizens seeking employment in specialty occupations in the United States. To be eligible, one needs both a bachelor’s degree and job offer that pays above market-based wages in that profession, along with two-year validity that may be extended indefinitely. Furthermore, spouses and dependent children under 21 may accompany workers under E-3 status.

To qualify for an E-3 visa in the US, you need a sponsoring employer who agrees to sponsor you and submits a labor condition application (ETA Form 9035 or 9035E) to the Department of Labor requesting approval of an E-3 visa application for you. Your sponsoring employer must also provide you with documentation proving that your job position qualifies as specialty occupation and pays above prevailing wage levels.

As this process can be time-consuming and complex, professional assistance should be sought to ensure your application is submitted accurately. Hiring an immigration lawyer who specializes in your particular case may save both money and hassle, giving you peace of mind knowing your application is being managed by someone with experience and knowledge in handling such applications. Furthermore, it would be prudent not to make final travel plans or purchase nonrefundable tickets until your visa application has been approved.

Requirements for LCA approval

Labor Condition Applications (LCAs) are forms that employers submit to the U.S. Department of Labor in order to demonstrate they have fulfilled certain criteria before sponsoring H-1B nonimmigrants for employment in the US, and serve as the foundation for filing H-1B petitions with DHS.

Submitting an LCA requires employers to affix their signature and attest that they comply with various attestations requirements regarding wages, working conditions and benefits provided to an H-1B nonimmigrant. These requirements can be found on either Form ETA 9035E or 9035CP covers pages of the LCA document.

Additionally, the new LCA provides space for employers to identify up to ten additional worksite locations (up from three), as well as expanded data on third-party worksites where their sponsor does not control hiring decisions or pay practices. Furthermore, the new LCA includes a field for designating where public access files will be maintained; an employer must affirm its obligations regarding retention of such files while also giving DOL access upon request.

This new LCA goes into effect November 19 and requires employers who knowingly violate H-1B dependent or willful violations to attest to additional recruitment and non-displacement obligations, document the methods they employ for recruiting H-1B nonimmigrants, and list any third-party workers with whom their H-1B employees may have been replaced by third parties.