E-3 Visa – Australian Professionals

The E-3 nonimmigrant visa classification permits an Australian national to perform services in a specialty occupation for a U.S. employer. A specialty occupation requires the theoretical and practical application of a body of knowledge in professional fields, and at least the attainment of a bachelor’s degree, or its equivalent, as a minimum for entry into the occupation in the United States. In many ways, the E-3 category bears much similarity to the H-1B visa classification, although it is available only to persons who are citizens of Australia. If you’re seeking an E-3 visa, please don’t hesitate to contact our skilled Virginia immigration lawyers today.

Eligibility Criteria

To qualify for an E-3 visa, the petitioning U.S. employer must demonstrate that the E-3 visa beneficiary:

• The E-3 visa beneficiary is a national of Australia;
• There is a legitimate offer of employment in the United States;
• The E-3 visa beneficiary holds the necessary academic or other qualifying credentials, and;
• The offered position qualifies as a specialty occupation.

Applying for E-3 Visa Status

To obtain the initial E-3 classification for a worker outside of the United States, the prospective visa beneficiary may apply for an E-3 visa at any U.S. embassy or consulate that processes nonimmigrant petition-based visas. If the visa beneficiary is already in the United States, the employer can file an E-3 visa petition with USCIS. For either process, the following is required:

• Form ETA-9035, Labor Condition Application for E-3 Australia which was filed by the prospective employer and certified by the U.S. Department of Labor;
• Proof of Australian citizenship;
• Letter from the prospective employer describing the job duties, academic requirements, salary, and anticipated length of stay (up to two years initially);
• Evidence of academic or other qualifying credentials.

Period of Stay/Extension of Stay

E-3 visa status can be granted for an initial period of two years. Thereafter, extensions can be granted in two-year increments. There is no limit to the number of extensions.

Change of Employment

A new employer must file a new Labor Condition Application and a new E-3 visa petition. Any gap between the jobs must be 10 days or less.

Family of E-3 Visa Holders

The spouse and unmarried children under 21 years of age of the E-3 visa holder are entitled to the same E-3 classification. The spouse is entitled to work authorization, but children are not. To apply for work authorization as a spouse of an E-3 nonimmigrant, a spouse must apply for Employment Authorization from USCIS.

Contact Our Fairfax County Immigration Lawyers

For more information about Goel & Anderson’s visa services, please contact our seasoned immigration attorneys to schedule an in-person or telephonic consultation.