Who Qualifies for the E-3 Employment Visa?
The E-3 visa classification currently applies only to Australian citizens and their spouses and children. The E-3 visa permits Australian professionals to work in the United States on a temporary basis. The types of occupations that qualify under the E-3 category are defined below as “Specialty Occupation”.
Are There Other Requirements for Qualifying for an E-3 Visa?
The E-3 visa classification is numerically limited, with a maximum of 10,500 visas available annually. Spouses and children do not count against the numerical limitation nor are they required to possess the nationality of the principal. A Labor Condition Application (LCA), containing attestations by the sponsoring employer related to wages and working conditions, must be filed with and approved by the U.S. Department of Labor (DOL). At the time of visa application, the visa applicant must present the consular officer with the original or copy of the approved LCA. However, if the applicant cannot provide the original, the consular officer, at his or her discretion, may accept a certified copy of the approval. The approved LCA represents DOL’s certification that the employer has met the attestation requirements of the E-3 regulations.
What Is a Specialty Occupation?
In general, a specialty occupation is one that requires 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 order to determine what constitutes a “specialty occupation,” visa officers abroad will be guided by, and applies criteria already developed for the H-1B employment visa.
Is It Necessary To File a Petition With the USCIS as a Prerequisite to Visa Issuance?
No petition to the USCIS is necessary. Instead, in the case of an employee seeking an E-3 visa, the employee may directly apply for the E-3 work visa with the U.S. Embassy or U.S. Consulate abroad. Eligibility evidence may include the Labor Condition Application signed by the prospective employer and approved by the DOL.
What are the time limits on E-3 Visas?
E-3 visa time limits are the same as E-1 Trader and E-2 Investor visas. More significant, however, is that E-3 visas can be renewed indefinitely.
May Spouses Work?
Yes. The law permits the spouse of a principal E-3 visa holder to engage in employment in the United States. As is the case for the spouse of a principal E-1 and E-2 non-immigrant, the spouse of a qualified E-3 worker may, upon admission to the United States, apply for an employment authorization document (i.e., work permit), which an employer could use to verify the spouse’s employment eligibility.
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The information on this website is not to be considered legal advice. Such information is intended to educate members of the public generally and is not intended to provide solutions to individual problems. Readers are cautioned not to attempt to solve individual problems on the basis of information contained herein and are strongly advised to seek advice from an experienced immigration attorney regarding specific case situations.
