E-3 visa classification is a temporary working visa applying only to Australia nationals who seek to be employed by a U.S. employer in the U.S. in specialty occupation positions.

E-3 Visa Eligibility:

Similar to H-1B visa, E-3 visa requires specialty occupation, which requires theoretical and practical application of a body of highly specialized knowledge and the attainment of a bachelor's or higher degree in the specific specialty, or its equivalent, as a minimum for entry into the occupation in the United States.

The E-3 beneficiary must:

  • Be a national of Australia.
  • Have a legitimate job offer from a U.S. employer in the United States.
  • Meet the academic or other job requirements.
  • Will fill a position that qualifies as a specialty occupation

The position must meet one of the following criteria to qualify as a specialty occupation:

  • Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the particular position.
  • The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, the job is so complex or unique that it can be performed only by an individual with a degree.
  • The employer normally requires a degree or its equivalent for the position.
  • The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.

How to Apply

The E-3 visa can be directly applied with the U.S. consulates in Australia. The E-3 beneficiary may make an appointment for an interview as soon as having all the documents prepared, include a certified LCA prepared by the U.S. employer, completed online application form DS-160, employer support letter detailing the job information and the academic & other qualifying credentials. All the documents will be presented to the consular officer at the interview.

If, in certain circumstances, the E-3 beneficiary is in the U.S. in a different visa classification, a E-3 visa petition (Form I-129) may be filed within the U.S. with USCIS for a change of status. The support documentation includes a certified LCA, employer support letter detailing the job information, the academic & other qualifying credentials, and relevant immigration documents to prove beneficiary’s previous and present nonimmigrant status.

Period of Stay

The initial admission is up to two years. The time period may be extended, up to two years, without numbers of limit.

Dependents’ E-3D Status

Spouse and unmarried children under 21 years of age are entitled to dependent E-3D visa. E-3D spouse is eligible for employment authorized. Children may not be employed in the United States.