The E3 visa for speciality occupations is a US immigration route open exclusively to Australian nationals.

Under the E3 visa, Australian citizens can come to the US to live and work, and bring their spouse and children.

Also known as the Australian Specialty Occupation Professional visa, the E3 visa is in many ways similar to the H-1B visa, but it offers a significant number of advantages for Australian citizens, including lower application costs and significantly better odds of being granted the visa.

To be eligible, you must hold an undergraduate degree and the job you have been offered must also require a bachelor-level or higher qualification.

In this article, we provide key information about the E3 visa, including eligibility requirements, the application process, and guidance on renewals.

The E3 requirements will see the applicant and their job scrutinized against strict visa criteria. Professional advice will provide critical insight into the visa criteria and application process to optimize your application for US entry clearance.

 

Section A: Overview of the E2 Visa

 

The E3 visa offers an exclusive pathway to the US for qualifying Australian professionals, provided you can evidence your eligibility.

 

1. What is the E3 Visa?

 

The E3 visa is a US visa classification exclusively for Australian nationals. It was created through the Australia-United States Free Trade Agreement (AUSFTA) by the United States Congress and allows Australians to enter the US to work temporarily within a specialty occupation for a qualifying employer.

The E3 classification in the United States only applies to citizens of Australia, as well as their spouses and children under the age of 21.

A maximum number of 10,500 E3 visas are available each year; however, as these are exclusive to Australian nationals only, they offer applicants significantly better odds than the standard H-1B visa available to nationals of other countries.

Crucially, you do not have to return to Australia to make your application; Australian nationals in the UK can apply for the US E-3 visa from US Consulates and Embassies overseas, such as the US Embassy in London.

 

2. How Long is the E3 Visa Valid?

 

The E3 Visa is initially granted for a period of up to two years, and this validity period is tied to the specific job offer and employer stated in your visa application.

The visa is employer-specific, meaning you must work for the employer who sponsored your visa. If you change employers, you must apply for a new E3 Visa with a new approved Labor Condition Application (LCA) from the new employer.

The E3 Visa allows for multiple entries into the United States, so you can travel in and out of the country as needed within the validity period of your visa.

 

3. E3 Visa Dependents

 

If you have a spouse and children under the age of 21, they will also be eligible to apply to join you in the US. Your dependent family members do not have to be Australian nationals.

Spouses are also eligible to work without restriction in the US, but your children are not. Your spouse would need to make a work authorization application using Form I-765, Application for Employment Authorization.

 

4. Benefits of the E3 Visa

 

The E3 Visa offers a range of benefits for Australian professionals looking to work in the United States, including:

 

a. Exclusivity to Australian Citizens

One of the standout benefits of the E3 Visa is that it is exclusively available to Australian citizens, making the route less competitive than alternative US visas such as the H-1B, which is available to citizens of all countries and has an annual cap.

 

b. Generous Annual Cap

Unlike the H-1B Visa, which has an oversubscribed annual quota, the E3 Visa has a generous cap of 10,500 visas per year, which is rarely reached. This means that Australian applicants have a higher chance of securing a visa without the intense competition seen in other visa categories.

 

c. Renewable Visa

The E3 Visa is initially granted for up to two years, but it can be renewed indefinitely in two-year increments as long as the visa holder continues to meet the eligibility requirements. This provides long-term stability for professionals who wish to maintain their careers in the US.

 

d. Family Inclusion

The E3 Visa allows spouses and unmarried children under 21 years old to accompany the visa holder to the United States. Spouses are eligible to apply for an Employment Authorization Document (EAD), which allows them to work for any employer in the US without restrictions on employment type or hours.

 

e. Multiple Entries

The E3 Visa permits multiple entries into the United States, giving visa holders the flexibility to travel in and out of the country as needed. This is particularly beneficial for professionals whose work requires frequent international travel.

 

f. No Minimum Salary Requirement

While the E3 Visa requires that the job offer is in a specialty occupation and that the employer pays the prevailing wage, there is no strict minimum salary requirement, providing more flexibility in negotiating employment terms.

 

g. Quick Processing Time

The E3 Visa application process typically involves shorter processing times compared to other visa categories, allowing applicants to start their employment in the US relatively quickly. This is especially advantageous for employers who need to fill positions urgently.

 

h. Pathway to Diverse Industries

The E3 Visa is not limited to specific industries, allowing Australian professionals to work in a wide range of fields such as technology, healthcare, education, finance, engineering, and more. As long as the position qualifies as a specialty occupation requiring specialized knowledge, it is eligible for the E3 Visa.

 

i. Cost-Effective Application Process

The E3 Visa application process is generally more cost-effective compared to other USS work visas. The lower application fees and the absence of a need for employer-sponsored petitions in some cases, reduce the overall cost of securing the visa.

 

Section B: E3 Visa Requirements

 

While the E3 Visa offers a highly attractive route for Australian professionals to work in the United States, it is subject to strict eligibility criteria. To qualify for the E3 Visa, applicants must meet the following requirements:

 

1. Australian Citizenship

To be eligible for the E-3 visa and to apply as the principal visa holder, you must be an Australian national with an Australian passport.

If you hold permanent residence status in Australia but are a citizen of a different country, you would not satisfy the E-3 nationality requirement.

Your dependents (spouse and children under the age of 21) can also apply to join you in the US under the E-3 visa, although they would not need to be Australian nationals.

 

2. Education Requirement

You must have a bachelor’s degree, or equivalent, as a minimum for entry into your occupation within the US.

In certain circumstances, you may be eligible for the E3 visa if you can show sufficient equivalent professional experience in place of an undergraduate degree. As a general rule, three years of professional experience may be relied on as an equivalent of one year of university education, but it is advisable to get professional guidance on your circumstances before applying.

If you are looking to apply on the basis of extensive professional experience as an equivalent to a university degree you will need to prepare extensive evidence relating to your work experience, training and education to support your case.

The decision will ultimately rest with the consular officer deciding your application, who has discretion to determine whether you meet the threshold under the visa.

It is also not enough that an applicant for an E3 Visa USA holds a particular degree – the job itself must also require a bachelor-level or higher qualification.

 

3. Specialty Occupation

You must be travelling to the USA solely to perform services in what is known as a specialty occupation.

A specialty occupation requires the theoretical and practical application of a body of knowledge in a professional field, as well as the attainment of a bachelor’s or higher degree, or its equivalent, as a minimum for entry into the occupation.

Specialty occupations, therefore, cover a broad spectrum, and there is no definitive or set list of specialty occupations. As such, you will need to ensure that your application includes evidence to show that your role meets the E3 visa requirements.

The decision as to whether your education and employment credentials meet the eligibility requirements will be at the adjudicator’s discretion, as such, your E3 supporting documentation should be thorough and compelling in establishing suitability under the category rules.

 

4. Sponsorship & LCA

Certain requirements also apply to the US employer. The employer must be based in the United States and must be willing to sponsor the E3 Visa applicant. The employer also has to demonstrate that the position requires a professional with specialized knowledge and that the applicant has the necessary qualifications.

The employer is only eligible to be a sponsor if they meet US corporation and immigrant-employment regulations and apply successfully to the Department of Labor (DOL) for a labor condition application (LCA).

The LCA certifies that the job meets the applicable standards and that the job will pay the prevailing wage for the State in which the job will be based.

Through the LCA, US authorities are seeking assurance from the US sponsor that employing the E3 visa holder would not have a negative impact on the wages and working conditions of US workers, and that the role will pay the required minimum salary.

The E3 wage threshold is determined by the position being applied for in the region where you plan to work, as stipulated by the Foreign Labor Certification Data Center.

Only with the LCA can your prospective employer then petition the United States Citizenship and Immigration Services (USCIS) to classify you as a temporary worker within the E-3 visa category.

 

Section C: What is a Specialty Occupation?

 

A specialty occupation requires a theoretical and practical application of a body of 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 most reliable point of reference is the standards for specialty occupations provided for the H-1B route under the Immigration and Nationality Act (INA), 214 (i)(1), as this is also applicable to E-3 visa roles.

If a licence is needed to perform the role in the US but is not available to gain prior to entering the US, you must confirm you will obtain the licence within a reasonable timeframe after entering the US.

Examples of specialty occupations include:

 

a. Technical and Scientific Fields: Jobs in engineering, IT, biotechnology, and other technical fields often qualify.

b. Healthcare and Education: Positions such as doctors, nurses, researchers, and educators typically meet the requirements.

c. Business and Finance: Roles in management, financial analysis, marketing, and consulting are usually considered specialty occupations.

d. Legal and Architectural Professions: Attorneys, architects, and other similar professions generally qualify.

 

The officer conducting your interview will determine whether the educational and employment information you have provided in your application meets the eligibility requirements, as such, you should ensure your evidence is comprehensive to avoid adjudication delays or a potential refusal.

We are highly experienced in supporting E3 visa applicants with evidencing that their role qualifies as a speciality occupation, with expertise in emerging fields such as AI.

 

Section D: Application Process for the E3 Visa

 

There are several steps involved in the E3 Visa USA application process. The order of these steps can vary depending on which Embassy or Consulate you apply.

Applications should be made to the US Consular Post or Embassy in your country of residence, such as the US Embassy in London if you live in the UK.

If you are already in the US under another visa category, you would apply directly to USCIS to change your status.

 

1. Applying from Outside the US

 

If you apply from outside of the US, you will need to use Form I-129 and submit the required supporting documents. If it is approved, a Form I-797, Notice of Action/Approval will be sent to your prospective employer who will send it on to you.

The Form I-797 approval notice is not a visa. You will need to use this form to apply for your E3 visa at a US embassy or consulate, generally in the country where you reside, for permission to travel to the US.
You will then need to schedule and attend an interview at the US Consular post where you filed your petition.

Before the interview, you should compile the necessary documents to prove your eligibility. You should refer to these in your visa interview as evidence for the adjudicator.

 

Step 1: Obtain a Job Offer from a US Employer

Secure a valid job offer from a US employer in a specialty occupation. Ensure the job meets the criteria for a specialty occupation requiring specialized knowledge and skills.

 

Step 2: Labor Condition Application (LCA)

Your employer files an LCA with the US Department of Labor. The LCA (Form ETA 9035) certifies that the employer will pay you the prevailing wage for the position and that hiring you will not adversely affect the working conditions of US workers.

The employer will need the approved LCA before you can proceed with the visa application.

 

Step 3: Complete the Form DS-160

Fill out the Online Nonimmigrant Visa Application form (DS-160) on the US Department of State’s website. Upload a recent passport-sized photograph as per the specified requirements.

After completing the form, print the DS-160 confirmation page with the barcode.

 

Step 4: Pay the Visa Application Fee

Pay the non-refundable E3 Visa application fee. The fee amount may vary, so check the current fee on the US embassy or consulate website where you will apply. Keep the receipt of the payment as you will need it for the interview.

 

Step 5: Schedule a Visa Interview

Typically, you will need to schedule an appointment for your visa interview at the US Embassy or Consulate in the country where you live. Although you may schedule your interview at any US Embassy or Consulate, it may be difficult to qualify for a visa outside of your place of permanent residence. As such, if you live in the UK, you should schedule your interview at the US Embassy in London.

Wait times for interview appointments can vary, so plan accordingly and schedule as early as possible.

 

Step 6: Prepare for the Visa Interview

Gather all required documents. Be prepared to discuss your job offer, qualifications, and intentions during the interview.

 

Step 7: Attend the Visa Interview

Attend the interview at the US embassy or consulate. Answer all questions truthfully and provide any additional information requested by the consular officer. If the visa is approved, you will be informed about the process for collecting your passport with the visa stamp.

 

Step 8: Travel to the United States

Once you receive your E3 Visa, you can make travel arrangements to the United States. At the US port of entry, present your passport with the E3 Visa and other relevant documents to the Customs and Border Protection (CBP) officer.

 

2. Applying from within the US

 

If you are currently in the United States on a different visa type and wish to change your status to an E3 Visa, the process involves several specific steps:

 

Step 1: Obtain a Job Offer from a US Employer

Secure a valid job offer from a US employer in a specialty occupation. Ensure the job meets the criteria for a specialty occupation, which typically requires a bachelor’s degree or equivalent in a specific field.

 

Step 2: Labor Condition Application (LCA)

Your employer must file a Labor Condition Application (LCA) with the US Department of Labor. The LCA (Form ETA 9035) certifies that the employer will pay you the prevailing wage for the position and that hiring you will not adversely affect the working conditions of US workers.

The LCA must be approved before you can proceed with the change of status application.

 

Step 3: File Form I-129 with USCIS

Your employer files form I-129 with US Citizenship and Immigration Services (USCIS) on your behalf to request a change of status to E3.

The application must include the approved LCA, a copy of your job offer letter, proof of your qualifications (such as a degree or transcripts), and evidence of your current legal status in the US.

The applicable filing fee for Form I-129 must be paid.

 

Step 4. USCIS Processing

Once Form I-129 is submitted, USCIS will review the application. Processing times can vary, so it’s important to submit the application well before your current status expires.

USCIS may issue a Request for Evidence (RFE) if additional information is needed. Respond promptly to any RFE to avoid delays in processing.

 

Step 5: Approval and Change of Status

If USCIS approves the Form I-129 petition, your status will change to E3 within the United States. You will receive a Form I-797 Notice of Action, indicating your new E3 status and its validity period. You do not need to leave the US to activate your E3 status, as the change occurs automatically upon approval.

 

Step 6: Obtaining a New I-94

You will receive a new I-94 document, reflecting your new E3 status. The I-94 indicates your authorized period of stay in the US under the E3 Visa. Keep this document safe, as it is proof of your legal status in the US.

 

3. Required Documents

 

The specific documents to submit with your application will depend on your background, circumstances and the role.

 

Document	Description
DS-160 Confirmation Page	Print-off of the confirmation page with the barcode after completing the DS-160 form online.
Appointment Confirmation Page	Print-off of the appointment confirmation page.
Valid Passport	Must be valid for at least 6 months beyond your intended stay in the United States.
Passport-Sized Photograph	A 5 x 5cm (2”x2”) color photograph taken within the last 6 months, unless already uploaded online.
Visa Application Fee Receipt	Proof of payment for the non-refundable visa application fee.
Labor Condition Application (LCA)	A copy of the approved LCA (Form ETA 9035) from your U.S. employer.
Job Offer Letter	Detailed job offer letter from your U.S. employer specifying the job title, duties, salary, and terms of employment.
Educational Credentials	Copies of your academic degrees, transcripts, and any relevant certifications that qualify you for the specialty occupation.
Professional Experience Documents	Letters from previous employers, detailed resumes, or other documents demonstrating your work experience and qualifications.
Proof of Ties to Australia	Documents showing significant ties to Australia, such as property ownership, family connections, or a return ticket.
Additional Supporting Documents	Any additional documents supporting your qualifications and job offer, such as professional licenses, awards, or publications.
Documentary Evidence of UK/EU Status	If not a UK or EU passport holder, documentary evidence of your status in the UK.
Documentary Evidence of Previous US Visas	Evidence of previously issued U.S. visas, if applicable.
Certified Copies of Licenses/Permissions	Certified copies of any required licenses or official permissions required to practice in the specialty occupation.

 

In general, you will need to provide proof of your identity, proof of the role and sponsorship, and proof of your education qualifications and professional experience.

You may need to provide additional documentation if you have ever been arrested, cautioned or convicted, or if you have a medical condition that could affect your eligibility for a visa, or if you have ever been denied entry into or deported from the United States.

Also, if you are seeking to establish degree equivalency for a speciality occupation, you should be prepared to provide documentation during the interview outlining your work history, education and training.

In the event that a US license or other official permission is required to perform the duties described in the petition, but such permission or license is not available prior to entry into the United States, you must be able to show that you will obtain the relevant license within a reasonable period of time following admission to the USA.

 

4. E3 Visa Costs

 

The application fee for an E-3 visa is $315 USD, which is a relatively low cost compared to other work visas. You may, however, also incur additional costs, such as biometric fees, to submit your fingerprints and photograph.

 

5. E3 Visa Processing Times

 

The processing time for an E-3 visa typically takes 3 – 6 weeks, but this can vary depending on several factors, including the time of year and the quality of your application – if your application is missing any required documents or information, it may be delayed. You can also pay an additional fee to expedite the processing of your visa.

 

Section E: Interview Preparation for the E3 Visa

 

The E3 visa interview is a mandatory step when applicants must demonstrate their eligibility to work in a specialty occupation in the United States.

During the interview, applicants are required to present key documents, such as their job offer letter, approved Labor Condition Application (LCA), and proof of qualifications.

Applicants should be well-prepared, ensuring all paperwork is accurate and consistent, and be ready to clearly articulate their professional background and intentions during the interview.

 

1. How to Prepare for the Interview

 

Follow these tips to prepare for your E3 visa interview:

 

a. Understand the E3 Visa Requirements

Familiarize yourself with the specific requirements and conditions of the E3 Visa. Be prepared to explain how you meet these requirements, including your qualifications and job offer details.

 

b. Organize Your Documents

Ensure that you have all required documents organized and readily accessible. Bring both originals and copies of all documents, including your passport, DS-160 confirmation page, visa fee receipt, LCA, job offer letter, educational credentials, and any supporting documents.

 

c. Review Your DS-160 Form

Go over the information provided in your DS-160 form to ensure consistency with your answers during the interview. Be prepared to clarify any details or answer any follow-up questions related to your application.

 

d. Know Your Job Offer Details

Be familiar with the specifics of your job offer, including your job title, duties, salary, and employer’s details. Understand how your role fits within the company and the industry.

 

e. Practice Your Responses

Prepare answers to common interview questions and practice delivering them confidently and clearly. Consider conducting mock interviews with a friend or family member to improve your responses.

 

f. Be Honest and Concise

Answer all questions truthfully and provide concise, direct responses. Avoid providing unnecessary details or elaborating beyond what is asked.

 

g. Demonstrate Your Intentions

Be prepared to discuss your intentions and plans in the United States, including your professional goals and how long you plan to stay. Clearly explain your ties to Australia and your intention to return after your visa expires.

 

2. Common E3 Visa Questions

 

While the interview questions will largely depend on your specific application and circumstances, you should prepare to be asked questions such as:

 

a. General Background Questions

i. Can you tell me about yourself?

ii. Why do you want to work in the United States?

 

b. Job and Qualifications

i. What is your job title and what will your responsibilities be?

ii. How did you find this job and why do you think you are qualified for it?

ii. Can you describe your educational background and professional experience related to this job?

 

c.Employer and Job Offer

i. Who is your employer and what does the company do?

ii. How did your employer find you and why did they choose you for this position?

iii. What is the salary offered for this position and how does it compare to the industry standard?

 

d. E3 Visa Specifics

i. What makes you eligible for the E3 Visa?

ii. Have you had an E3 Visa before or any other US visa?

 

e. Intentions and Plans

i. How long do you plan to stay in the United States?

ii. What are your plans after your E3 Visa expires?

iii. Do you have any family members accompanying you to the US?

 

f. Ties to Australia

i. Can you provide evidence of your ties to Australia?

ii. What are your reasons for returning to Australia after your stay in the US?

 

g. Miscellaneous Questions

i. Have you ever been denied a visa to the United States or any other country?

ii. Have you ever been arrested or convicted of a crime?

 

Section F: E3 Visa Renewals

 

The E3 visa is usually initially granted for a period of two years, although the specific period will be determined by the LCA validity, which can in some cases be for a shorter term.

As an E3 visa holder, you can apply to extend your status for a further two years, provided you are still eligible.

There is also no restriction on the number of times you can extend your visa, provided you make the extension applications on time and you continue to meet the visa requirements. This includes ensuring your job continues to qualify as a specialty occupation and your employer remains compliant with all conditions.

You should start your renewal process with your employer around five months before your visa expires.

There are two routes to extend your E3 status; you can either leave the US and apply for a new E3 visa at a US Embassy or Consulate overseas, or you can remain in the US and your employer files a petition with USCIS to extend your E3 status. To make a renewal application, your employer must file a new LCA with the US Department of Labor, regardless of whether you are renewing with the same employer or changing employers. The new LCA must be approved before you can proceed with the renewal application.

To avoid issues or breaks in lawful status, the employer will need to ensure the E3 worker continues to meet the visa requirements before filing the petition to extend E3 status.

You can apply for an extension of stay through US Citizenship and Immigration Services (USCIS) if you are already in the United States by submitting Form I-129, Petition for a Nonimmigrant Worker, along with the new LCA and supporting documents.

If the extension petition is filed ahead of visa expiry, you will be allowed to remain in the US to continue your permitted work activities for a period of up to 240 days beyond the date of the expiration of the authorized period of stay or until USCIS makes a decision on your extension petition.

If approved, you will receive your renewed E3 Visa. The new visa will typically be valid for another two-year period.

 

Section G: Changing E3 Visa Employer

 

If you have gained entry to the US on an E3 visa, you can move to a different employer within the country but you would need to make a new application for your new status.

Your options are to either leave the US and apply for a new E3 visa from overseas, or your new employer has to file a new Labor Condition Application to become your sponsor.

 

Section H: Green Card to E3 Visa?

 

One of the limitations of the E-3 visa is that it does not offer a direct path to US permanent residence or a Green Card. The E-3 visa is temporary and holders are required to leave the country once they no longer meet the visa conditions, such as ending E-3 employment with your sponsor.

To remain in the US on a permanent basis, you would need to consider alternative immigration options. For example, if you are married to a US citizen, you could be eligible for a Green Card by marriage.

 

Section I: E3 Visa Dependents

 

When an Australian professional is granted an E3 Visa to work in the United States, their family members may also join them.

 

1. E3D Visa for Dependents

 

Spouses and unmarried children under the age of 21 of E3 Visa holders may be eligible for the E3D dependent visa. The E3D Visa allows dependents to reside in the United States for the same duration as the primary E3 Visa holder.

To apply, each dependent must complete the Online Nonimmigrant Visa Application form (DS-160). Next, schedule and attend a visa interview at a US embassy or consulate. Dependents may attend the interview with the primary E3 Visa applicant or separately.

Dependents need to provide their valid passports, DS-160 confirmation pages, visa fee receipts, and proof of relationship to the E3 Visa holder (e.g., marriage certificates for spouses, birth certificates for children).

If approved, the E3D Visa is valid for the same period as the primary E3 Visa holder’s visa. When traveling internationally, E3D visa holders must have a valid visa stamp to re-enter the United States. Dependents can apply for extensions alongside the primary visa holder, ensuring continuity of stay in the US.

 

2. Can E3 Dependents Work in the US?

 

Spouses on an E3D Visa are eligible to apply for employment authorization, allowing them to work in the United States. The process involves filing Form I-765, Application for Employment Authorization, with US Citizenship and Immigration Services (USCIS).

To obtain employment authorization, the E3D spouse must complete and submit Form I-765, along with the required supporting documents, such as a copy of the E3D visa holder’s passport, marriage certificate, and the primary E3 Visa holder’s visa and I-94 forms. They must also pay the applicable filing fee for Form I-765. After submission, the spouse must wait for USCIS to process the application, which can take several months. Once approved, the E3D spouse will receive an Employment Authorization Document (EAD).

With an EAD, E3D spouses can work for any employer in the US without restrictions on the type of employment or hours worked. The EAD is typically valid for the same duration as the primary E3 Visa and can be renewed concurrently with the E3 Visa renewal.

Children on an E3D Visa are not eligible for employment authorization. They can attend school in the United States but cannot work.

To renew the EAD, the E3D spouse must file Form I-765 again, along with updated supporting documents and the applicable fee. It’s advisable to apply for renewal well in advance of the current EAD’s expiration to avoid any interruption in employment eligibility.

 

Section J: Common Challenges for E3 Visa Applicants

 

The following are challenges we commonly see through our extensive experience advising E3 Visa applicants:

 

1. Complex Application Process

The E3 Visa application process involves multiple steps, including securing a job offer, obtaining an approved Labor Condition Application (LCA), and attending a visa interview. Navigating these steps can be overwhelming, especially for first-time applicants.

Start the application process well in advance to account for potential delays and complications. Create a comprehensive checklist of required documents and ensure all paperwork is complete and accurate before submission.

Consult with an immigration attorney who specializes in E3 Visas to guide you through the application process and address any legal concerns. Work closely with your employer’s HR or legal department to ensure all steps, particularly the LCA, are correctly handled.

 

2. Delays in Processing Times

Processing times for LCAs, visa applications, and Employment Authorization Documents (EAD) for dependents can be lengthy and unpredictable. Delays can disrupt plans and create uncertainty for applicants and their families.

Monitor the status of your application and follow up with the relevant authorities if processing times exceed the expected duration. Have contingency plans in place for potential delays, such as adjusting travel dates or exploring interim employment options.

 

3. Visa Denials or Refusals

Applications may be denied due to insufficient documentation, lack of clarity in the job offer, or failure to demonstrate eligibility. Visa refusals can result from discrepancies in the application, concerns about the applicant’s intentions, or perceived lack of ties to Australia.

Ensure that all documents, including your job offer letter and qualifications, are clear, detailed, and accurately reflect your eligibility. Double-check that the information on all forms and documents is consistent and free from discrepancies.

Clearly explain and document your ties to Australia, such as property ownership, family connections, or ongoing commitments, to alleviate concerns about your intention to return.

 

4. Maintaining Compliance with Visa Requirements

E3 Visa holders must maintain compliance with the terms of their visa, including working only for the sponsoring employer and ensuring timely renewals. Any changes in employment or failure to renew the visa on time can jeopardize the applicant’s legal status in the US.

Keep track of visa expiration dates and begin the renewal process well in advance to avoid lapses in status. If you need to change employers, ensure that a new LCA is approved and a new E3 Visa application is submitted before starting the new job.

 

5. Spouse and Dependent Work Authorization

Obtaining work authorization for spouses can be a time-consuming process, and delays in receiving the EAD can impact the spouse’s ability to work. Children on E3D visas cannot work, which may affect family financial planning.

Apply for the EAD for your spouse as soon as possible after entering the US to minimize delays in obtaining work authorization.

Plan your family’s finances considering the time it might take for your spouse to receive work authorization and the inability of children to work.

 

Section K: Summary

 

The E3 Visa offers an exclusive route for Australian professionals to live and work in the United States. It was introduced under the Australia-United States Free Trade Agreement (AUSFTA) and is similar to the H-1B visa but comes with certain advantages, such as no annual cap and easier renewals. The visa is initially granted for up to two years and can be renewed indefinitely as long as the applicant continues to meet the eligibility criteria.

Key risks for Australian applicants include ensuring that the job offer is in a recognized specialty occupation and that the Labor Condition Application (LCA) is properly filed and approved by the US Department of Labor. Inconsistencies or errors in documentation can lead to visa denials.

The E3 visa does not explicitly support dual intent, meaning applicants will need to consider their options if they plan to transition to a Green Card, as it could impact their nonimmigrant status.

Applicants must also maintain a valid E3 status, which includes working for the sponsoring employer and renewing the visa on time.

 

Section L: Need Assistance?

 

The key to ensuring a successful application is careful planning and ensuring you and your prospective employer complete all the stages of the process in sufficient detail and with the relevant evidence.

NNU Immigration are experts in E3 visa applications, and offer a specialist service for Australian nationals applying to the US Embassy under the E3 classification.

The complexity with the E3 visa is generally surrounding the job that has been offered, and whether the role qualifies as a ‘speciality occupation’.
In the absence of a definitive list of speciality occupation roles, we can provide insight into the decisions being made in this area by US authorities, particularly as new professions emerge in fields such as STEM.

With exceptional knowledge and insight into the US visa application processes, we can advise on eligibility and provide full support with compiling and submitting your application.

Contact us for professional support with your E3 visa application.

 

Section M: E3 Visa FAQs

 

What is the E3 Visa?

The E3 visa is available to Australian citizens under the Australia-United States Free Trade Agreement (AUSFTA). Under the E-3 visa, Australian professionals with a degree can go to the US to work in a specialty occupation requiring a minimum degree-level education.

 

Who is eligible for the E3 Visa?

The applicant will have to show they are an Australian citizen with a genuine job offer in the US for a role that qualifies as a specialty occupation. They will also have to evidence they have a university degree, that they have any necessary licenses to be employed in their profession and that they intend to leave the US at the end of their visa expiry.

 

What qualifies as a specialty occupation?

A specialty occupation requires theoretical and practical application of highly specialized knowledge and typically requires at least a bachelor’s degree in a specific field. Examples include roles in IT, engineering, healthcare, education, and finance.

 

How long is the E3 Visa valid?

The E3 Visa is initially granted for up to two years. It can be renewed indefinitely in two-year increments as long as the applicant continues to meet the visa requirements.

 

Can my family join me in the US on an E3 Visa?

Yes, spouses and unmarried children under the age of 21 can accompany the primary E3 Visa holder on E3D dependent visas. They are allowed to live in the United States for the same duration as the primary visa holder.

 

Can my spouse work in the US?

Yes, spouses of E3 Visa holders can apply for an Employment Authorization Document (EAD) by filing Form I-765 with USCIS. Once approved, they can work for any employer in the US without restrictions.

 

Can I change employers while on an E3 Visa?

Yes, but you must obtain a new approved Labor Condition Application (LCA) from your new employer and file a new E3 Visa application. You cannot start working for the new employer until the new visa is approved.

 

How do I renew my E3 Visa?

To renew your E3 Visa, your employer must file a new LCA. You then need to complete a new DS-160 form, pay the visa fee, schedule a visa interview, and attend the interview with all required documents. Alternatively, you can apply for an extension through USCIS if you are already in the US.

 

What documents do I need for the E3 Visa application?

Key documents include a valid passport, DS-160 confirmation page, visa application fee receipt, approved LCA, job offer letter, proof of qualifications (e.g., degrees, certificates), and any additional supporting documents.

 

What are common reasons for E3 Visa denial?

Common reasons for denial include insufficient documentation, failure to demonstrate eligibility, inconsistencies in the application, lack of clarity in the job offer, or perceived lack of ties to Australia.

 

How long does the E3 Visa application process take?

Processing times can vary. The LCA approval typically takes around 7-10 days. Scheduling and attending the visa interview can take several weeks, depending on appointment availability. It’s advisable to start the process well in advance of your intended start date.

 

Can my children work in the US on an E3D Visa?

No, children on E3D dependent visas are not eligible to work in the United States. They can attend school but cannot engage in employment.

 

What happens if my E3 Visa expires?

If your E3 Visa expires, you must stop working immediately and leave the United States unless you have applied for and received an extension or a new visa. Staying beyond your visa’s expiration date can result in legal issues and impact future visa applications.

 

Section N: Glossary of Terms for E3 Visa

 

Term	Definition
E3 Visa	A US work visa available exclusively to Australian citizens for employment in specialty occupations.
Specialty Occupation	A job that requires specialized knowledge and at least a bachelor’s degree or equivalent.
AUSFTA	Australia-United States Free Trade Agreement, under which the E3 Visa was introduced.
Labor Condition Application (LCA)	A certification filed by a US employer with the Department of Labor to employ a foreign worker.
USCIS	U.S. Citizenship and Immigration Services, the agency responsible for processing visa petitions.
Dual Intent	The ability to enter the US on a temporary visa while intending to apply for permanent residency.
I-140 Petition	A form filed by a US employer to petition for an employee’s Green Card (permanent residency).
PERM Labor Certification	A process by which a US employer demonstrates that hiring a foreign worker will not displace US. workers.
Adjustment of Status (AOS)	A process that allows a visa holder to apply for a Green Card without leaving the US.
Consular Processing	The process of applying for a Green Card through a US consulate outside the United States.
Renewal	The process of extending the validity of a visa, such as the E3 Visa, before it expires.
Green Card	A document that grants permanent residency in the United States.
Non-Immigrant Visa	A visa that allows a foreign national to enter the US temporarily for a specific purpose, like the E3 Visa.
Visa Denial	The rejection of a visa application due to insufficient documentation or failure to meet eligibility requirements.
Employment Authorization Document (EAD)	A document that allows visa holders, such as spouses of E3 visa holders, to work in the U.S.
Form DS-160	The online nonimmigrant visa application form that must be completed by all E3 Visa applicants.
Form I-765	An application for employment authorization in the US, used by spouses of E3 Visa holders.
Form I-129	A petition filed with USCIS to request a change of status or extension of stay for nonimmigrant workers, including E3 Visa holders.

 

Section O: Additional Resources

 

US Department of State – E3 Visa Information
https://travel.state.gov/content/travel/en/us-visas/employment/e-3-visa-for-australians.html
Comprehensive information about the E3 Visa, eligibility, and application process.

 

US Citizenship and Immigration Services (USCIS)
https://www.uscis.gov/
Information on forms, processing times, and immigration benefits.

 

US Department of Labor
https://www.dol.gov/agencies/eta/foreign-labor/programs/h-1b
Details on the Labor Condition Application (LCA) process and requirements.

 

DS-160 Online Nonimmigrant Visa Application
https://ceac.state.gov/CEAC/
Platform to complete and submit the DS-160 form required for the E3 Visa.

 

American Immigration Lawyers Association (AILA)
https://www.aila.org/
Find immigration lawyers and resources for navigating US immigration laws.

 

Australian Government – Department of Foreign Affairs and Trade
https://usa.embassy.gov.au/
Information on Australian consulates and services in the United States.

 

American Australian Association
https://www.americanaustralian.org/
Organization fostering relations between the United States and Australia, offering resources and networking opportunities.

 

Australia America Association
https://www.australiaamerica.org/
Platform promoting cultural and business ties between Australia and the United States.