The Comprehensive Guide to E3 Visas: Unlocking Opportunities for Australian Professionals

At Locke Immigration Law, we understand that pursuing a career in the United States can be an exciting opportunity for many Australian professionals. That's why we've put together this comprehensive guide to help you navigate the E-3 visa process, a unique nonimmigrant employment visa available exclusively for Australian citizens.

Eligibility Criteria for the E-3 Visa

To qualify for an E3 visa, you must meet the following requirements: Australian Citizenship: You need an Australian passport. You may hold other citizenship in addition to Australia and need not be born in Australia. Professional Occupation: You must be qualified to work in a professional occupation, which generally requires a bachelor's degree or higher as a minimum entry requirement. Examples include IT professionals, engineers, teachers, and financial analysts. Job Offer in the United States: You must have a job offer from a U.S. employer for a position in your field, and your employer must participate in your visa process. Licensure: Some professions require a license, and you just show that you already have the license to practice in the U.S. or that you are eligible for it.

E-3 Visa Application Process

The E3 visa application process involves several steps: Obtaining a job offer: Secure a job offer from a U.S. employer for a position that meets the eligibility requirements. Labor Condition Application (LCA): The U.S. employer must obtain a Labor Condition Application (LCA) from the Department of Labor, attesting that it will pay the prevailing wage for your offered job in the metropolitan area of your proposed worksite and provide working conditions that are in line with U.S. standards. E-3 Visa Application: You must complete Form DS-160, the Online Nonimmigrant Visa Application, and pay the required visa interview fee. Scheduling an Interview: You must schedule a visa interview at a U.S. Embassy or Consulate, either in Australia or in another country with a U.S. Consulate that agrees to conduct your interview. Preparing for your visa interview: Gather all necessary documents and prepare for the visa interview by reviewing potential questions and rehearsing answers, and consulting with your attorney on any issues of special concern. Attending the Interview: Attend the scheduled interview at the U.S. Embassy or Consulate. If the consular officer approves your visa, he or she will retain your passport to place the E-3 visa in it, to be returned to you via courier. Travel to the U.S. to start work: It’s best to wait until your passport is returned to you before you make final travel arrangements.

E3 Visa Required Documents

Applicants must bring the following documents during the visa application process: Valid Australian Passport Form DS-160 Confirmation Page: Print and bring the confirmation page from your completed Online Nonimmigrant Visa Application (Form DS-160). Application Fee Receipt: Proof of payment for the visa application fee. Passport Photo: A recent, 2x2 inch color passport-style photo. Job Offer Letter: A signed and dated letter from the U.S. employer detailing your job offer and the terms of employment. Certified LCA: A signed copy of the approved Labor Condition Application filed by your U.S. employer. Proof of your professional qualifications: Documentation, such as a diploma, transcripts, or professional certificates, demonstrating that you meet the educational requirements for the professional occupation. Licensure: If required for the profession, evidence that you already hold the necessary license or that you are eligible to obtain it.

E3 Visa Duration and Extensions

The E3 visa is initially granted for a period of up to two years. It can be extended indefinitely, in increments of two years, as long as you continue to meet the eligibility requirements and have a qualifying job with the sponsoring U.S. employer. To apply for an extension without departing the U.S., your employer must file a new Labor Condition Application (LCA) and submit Form I-129, Petition for a Nonimmigrant Worker, to U.S. Citizenship and Immigration Services (USCIS) while your E-3 status is still valid. To work in E-3 status, you need an unexpired LCA and an unexpired I-94 admission record. If one or the other expires, your work expiration ends.

E3 Visa Dependents

Your spouse and your children under the age of 21 may accompany you to the United States. Dependents, even those who are not themselves Australian citizens, are eligible for their own E-3 visas, which allow them to live in the country during the principal applicant's E3 visa validity. E-3 spouses are eligible to work in the U.S. To apply for an E-3 visa as your dependent, your family member must provide: Valid passport from any nation. Form DS-160 Confirmation Page: The confirmation page from the completed Online Nonimmigrant Visa Application (Form DS-160). Application Fee Receipt: Proof of payment for the visa application fee. Passport Photo: A recent, 2x2 inch color passport photo. Proof of relationship to you: original marriage certificate or birth certificate, establishing the relationship between your family member and you. If your child or stepchild is applying without their other parent, they should also bring evidence of the custody agreement that allows them to live abroad with you.
Your own E-3 status: if you do not attend the visa interview with your family member, your family member should bring evidence of your E-3 status such as a copy of your E-3 visa and I-94 record.

Frequently Asked Questions

1: What is an E3 visa?

The E3 visa is a nonimmigrant employment visa specifically for Australian citizens who have a job offer in a professional occupation in the United States.

2: Who is eligible for an E3 visa?

To be eligible for an E3 visa, applicants must be Australian citizens, have a job offer in a professional occupation in the United States, and meet the educational requirements for their profession.

3: Can I bring my family to the United States on an E3 visa?

Yes, spouses and unmarried children under 21 years of age can accompany E3 visa holders as E3D dependents.

4: How long is the E3 visa valid?

The E3 visa is initially valid for up to two years and can be extended indefinitely in two-year increments.

5: How do I apply for an E3 visa?

The E3 visa application process involves securing a job offer, the employer obtaining a certified Labor Condition Application (LCA), completing Form DS-160, scheduling a visa interview, and attending the visa interview at a U.S. Embassy or Consulate.

6: What documents are required for an E3 visa application?

You should bring your valid passport, Form DS-160 confirmation page, application fee receipt, passport photo, job offer letter, signed and certified LCA, proof of your professional qualifications, and licensure (if required), plus other evidence of your eligibility for a visa.

7: Can I change employers while on an E-3 visa?

An E-3 visa holder can change employers, but the new employer must obtain its own certified LCA and you must be approved to change, either by the employer filing an I-129 petition on your behalf, or by you obtaining a new E-3 visa at a U.S. Consulate outside the United States.

8: Can I travel outside the U.S. while on an E3 visa?

E3 visa holders can travel outside the United States and re-enter, as long as their visa remains valid and they carry the necessary documents.

9: What is a Labor Condition Application (LCA)?

The LCA is a document requested by a U.S. employer and certified by the U.S. Department of Labor, attesting to the prevailing wage and working conditions for the position that the employer wants to offer to a foreign nonimmigrant worker. It is required for all E-3, H-1B, and H-1B1 positions.

10: Do E3D dependents have work authorization?

E-3 dependent spouses can work in the United States, and are not required to obtain an Employment Authorization Document (EAD) from USCIS. E-3 dependent children are not eligible for work authorization.

11: Can E-3 visa holders study in the United States?

Yes, E-3 visa holders can study in the United States while maintaining their employment status. E-3 dependent spouses and children can study in the United States.

12: Is there a cap on the number of E3 visas issued annually?

There is an annual cap of 10,500 new E3 visas, excluding renewals and extensions. Typically, the cap goes unfilled so the visas are available year-round.

13: How do I extend my E3 visa?

To extend an E3 visa, your employer must obtain a new certified LCA and file an I-129 petition on your behalf to USCIS before the current E3 visa expires. Or the employer can obtain a new LCA and then you apply for a new E-3 visa at a U.S. Consulate or Embassy overseas.

14: What is the difference between the E-3 visa and the H-1B visa?

The E-3 visa is only for Australian citizens, while the H-1B visa is open to citizens of any country. The E-3 visa has a separate annual cap, and in recent years the cap has not filled, so the E-3 visa is available year-round while there are not enough H-1B visas to meet demand. Aside from the nationality restriction on the E-3, the eligibility criteria for the two visas are very similar.

15: Can I apply for an E-3 visa if I am not an Australian citizen but have permanent residency in Australia?

No, only Australian citizens are eligible for the E3 visa. Permanent residents must explore other visa options. However, E-3 dependent family members can be of any nationality.

16: Is there a grace period for E-3 visa holders if they lose their job?

There is a 60-day grace period during which E-3 visa holders can find a new job or change their visa status.

17: What happens if my E-3 visa expires while my extension application is pending?

If an I-129 petition has been filed on your behalf before your E-3 status expires, you can continue working for up to 240 days while the extension is pending. The visa expiration does not govern the expiration of your work authorization. Rather, you need an unexpired LCA and an unexpired I-94 admission record to be work authorized.

18: Can I apply for an E-3 visa while in the United States on a different visa?

Maybe. You can file to change your nonimmigrant status to E-3 visa if you meet the eligibility requirements and your current visa allows for a change of status. Australians who enter the U.S. pursuant to ESTA visa waiver are not eligible to change status. They have to depart, obtain an E-3 visa, and enter with that visa to get into E-3 status.

19: How do I prove my professional occupation for an E3 visa application?

You can provide documentation such as diplomas, transcripts, or professional certificates to demonstrate that you meet the educational requirements for their profession. Your interviewing consular officer may not care to see all of the paperwork you bring, but lacking a piece of the evidence that the consular officer asks for could result in delay or denial of your visa.

20: How can I ensure my E-3 visa application has the best chance of success?

To increase the chances of success for your E-3 visa application, make sure to provide accurate and complete information on all forms, gather and submit all required documentation, and prepare for the visa interview by reviewing the job offer, your qualifications, and your reasons for wanting to work in the United States. Additionally, an immigration attorney with expertise in consular processing and the E-3 visa can provide valuable guidance throughout the process.

21: What if my visa is denied?

If your visa is denied, the denial will become part of your permanent U.S. immigration record and could be considered a negative factor when you apply for a visa in the future. Therefore, your first try is your best chance for success. That said, you are allowed to apply again, and you should consult with an immigration attorney to understand why your visa was denied and how you can make a stronger application on your next try.