E-3 Visas: Hiring Specialty Occupation Workers from Australia
The E-3 visa is a special nonimmigrant classification reserved for Australian citizens who wish to work in specialty occupations in the United States. This visa category requires the applicant to have a job offer in the U.S. in an occupation that typically requires a bachelor’s degree or higher in a specific field of study. The E-3 visa is similar to the H-1B visa but is exclusively for Australians, offering a renewable two-year period of stay. Applicants must demonstrate that they possess the necessary academic credentials or equivalent professional experience. In addition to the benefit of targeted eligibility, the E-3 visa also allows for spouses of E-3 visa holders to apply for work authorization in the U.S., providing a streamlined and advantageous option for Australian professionals seeking to advance their careers in the United States.
Common Questions And Answers About E-3 Visas
How often can the E-3 visa be renewed?
The E-3 visa can be renewed indefinitely in two-year increments, as long as you continue to meet the eligibility requirements and the employment situation remains the same.
Can my family accompany me to the U.S. on an E-3 visa?
Yes, your spouse and dependent children under 21 years of age can accompany you under the E-3 dependent visa classification. They do not need to be Australian citizens.
Is there a limit to the number of E-3 visas issued each year?
Yes, there is an annual cap of 10,500 E-3 visas available, excluding spouses and children of E-3 visa holders.
Can my spouse work in the U.S. on an E-3D visa?
Yes, spouses of E-3 visa holders automatically receive work authorization in the U.S., offering flexibility for your family’s needs.
What type of job qualifies for an E-3 visa?
E‑3‑eligible jobs are specialty occupations. This means that the role usually demands a relevant bachelor’s degree or higher, indicating that the job requires the application of highly specialized knowledge.
Do I need a labor condition application (LCA) for an E-3 visa?
Yes. Your U.S. employer must obtain a certified LCA from the Department of Labor for your E‑3 visa, similar to the H‑1B process.
How do I apply for an E-3 visa?
Australian citizens outside the U.S. should apply at a U.S. Embassy or Consulate with jurisdiction over their place of permanent residence. Those already in the U.S. on a different visa may apply to change their status to E-3.
Can I change employers while on an E-3 visa?
Yes, you can change employers, but your new employer must file a new LCA, and you must apply for a new E-3 visa based on this employment.
What happens if my employment ends while I am on an E-3 visa?
You may be allowed a grace period to change your status to another nonimmigrant status or to find another employer to sponsor your E-3 visa. It’s important to address this situation promptly to maintain a lawful status.
Get the Immigration Support You Need at Fok Immigration Law
The journey to securing the right visa can be daunting. If you’re in pursuit of a temporary work visa, contact Fok Immigration Law at 408-212-7014 or 650-546-7020. You can also visit us online for a consultation with our knowledgeable legal team. Located in San Jose, our firm advocates for clients throughout California and across the United States.