E3 visa — Locke Immigration Law
E3 Visa for Australian Professionals
The E3 Visa 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, a foreign national 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 requires at minimum a bachelor's degree or a higher degree (such as a master's or doctorate) as the educational 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 must show that you already have the license to practice in the U.S. or that you are eligible for it.
The E-3 visa is employer specific, meaning the foreign national can only work for the sponsoring employer and in the approved position.
Specialty Occupation Requirement
To qualify for an E-3 visa, the position you are offered in the United States must be classified as a specialty occupation. This means the job requires at least a bachelor’s degree or higher in a specific field, or equivalent experience that demonstrates the theoretical and practical application of highly specialized knowledge. Common specialty occupations include roles in IT, engineering, healthcare, finance, and other fields where specialized knowledge is essential to perform the job duties. Australian citizens who possess a bachelor’s degree or higher, or who can show other qualifying credentials and equivalent experience in a relevant field, may be eligible for the E-3 visa. The U.S. government will assess whether the job requires a specific set of skills and knowledge, and whether your background matches the minimum requirement for the qualifying position. Demonstrating both the theoretical and practical application of your specialized knowledge is key to meeting the specialty occupation requirement for the E-3 visa.
Labor Condition Application (LCA)
A critical step in the E-3 visa process is the Labor Condition Application (LCA), which your prospective employer must file with the U.S. Department of Labor. The LCA certifies that you will be paid at least the prevailing wage for your occupation in the area of intended employment, and that your hiring will not negatively impact the wages and working conditions of U.S. workers. Only after the certified labor condition application is approved can you proceed with your E-3 visa application. The LCA is typically valid for a specific period, often up to three years, and must be renewed if your employment is extended or if you change employers. The LCA ensures that your employment in the United States meets all regulatory standards and protects both your rights and those of the domestic workforce.
E-3 Visa Application Process
The E-3 visa is a type of U.S. work visa specifically for Australian nationals, allowing them to work in specialty occupations in the United States. Compared to other work visas, such as the H-1B, the E-3 offers unique benefits for Australians, including a streamlined application process and dedicated visa numbers.
The E-3 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 a Visa Appointment: You must schedule a visa appointment for an 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. Interviews for work visas, including the E-3, are conducted at U.S. Embassies and Consulates, where consular officers review and adjudicate visa applications.
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: Your passport must be valid for at least six months beyond your intended date of entry into the United States.
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.
Upon arrival in the United States, U.S. Customs and Border Protection will review these documents to ensure compliance with entry requirements.
Application Fees and Costs
When applying for an E-3 visa, you will need to pay a nonimmigrant visa application fee, which is currently $315. This fee is paid directly by the applicant at the time of submitting the visa application. The Labor Condition Application (LCA) filed by your employer does not currently require a fee, but it is important to check for any updates or changes in requirements. Additional costs may include expenses for obtaining a medical examination, required vaccinations, and gathering other documentation. For those seeking a faster decision, premium processing is available for an extra fee, significantly reducing the processing time for your E-3 visa application. It’s important to budget for all potential costs to ensure a smooth application process.
Numerical Limitations and Annual Cap
The E-3 visa program is subject to an annual quota, with a numerical limitation of 10,500 visas available each fiscal year for Australian citizens. This annual cap applies only to principal E-3 visa holders and does not include spouses and unmarried children under 21, who are eligible for E-3D dependent visas. The annual quota is typically reset at the start of each fiscal year, and because the cap is rarely reached, eligible Australian citizens can usually apply for an E-3 visa at any time throughout the year. This flexibility makes the E-3 visa an attractive option for Australian nationals seeking employment authorization in the United States.
Timeline and Processing
The processing time for an E-3 visa application can vary depending on individual circumstances and the workload at the U.S. embassy or consulate where you apply. Generally, applicants can expect the process to take anywhere from 5-7 days to 1-3 months. For those who need a quicker decision, premium processing is available for an additional fee, reducing the processing time to as little as 15 calendar days. After your application is approved, you will be scheduled for a visa interview at a U.S. embassy or consulate, where you will provide biographical and biometric information and answer questions about your employment and qualifications. The start date of your E-3 visa is typically set at the time of your visa interview, and you may enter the United States up to 10 days before your employment begins. The E-3 visa is valid for up to two years and can be renewed indefinitely, provided you continue to meet all eligibility requirements and maintain your employment authorization. You can check the status of your application online or through the U.S. Citizenship and Immigration Services (USCIS) contact center for updates throughout the process.
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 authorization ends.
When your employment ends, you are typically granted a 60-day grace period to either find a new employer, change your visa status, or depart the U.S.
E3 Visa Dependents
Your spouse and children under the age of 21 may accompany you to the United States as your dependents. Spouse and children, even if they are not themselves Australian citizens, are eligible for their own E-3 dependent 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 a green card or permanent residence while on an E-3 visa?
Yes, it is possible to apply for a green card (U.S. permanent residence) while on an E-3 visa. The process typically involves your employer sponsoring you for an immigrant visa, which is required to obtain permanent residence in the United States. This process is known as adjustment of status if you are already in the U.S., or consular processing if you are applying from abroad. You must meet all eligibility requirements for the immigrant visa category you are applying under, and follow the necessary steps, including medical examinations, interviews, and document submission. Keep in mind that the E-3 visa is a nonimmigrant visa, so you should consult with an immigration attorney to ensure you comply with all regulations during your transition to permanent residence.
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.