E-3 Visa: Special Temporary Visa for Australian Professionals

Kurious.  Pixabay

Kurious. Pixabay

What is the E-3 Visa?

The E-3 nonimmigrant visa classification that applies only to nationals of Australia, pursuant to a reciprocal treaty. The applicant must be coming to the United States to temporarily perform part-time or full-time services in a specialty occupation.

Who is eligible for an E-3 Visa?

To qualify for an E-3 visa, you must demonstrate that you:

  1. Are a national of Australia.
  2. Have a legitimate offer of employment in the United States.
  3. Possess the necessary academic or other qualifying credentials.
  4. Will fill a position that qualifies as a specialty occupation.

What is a specialty occupation?

A specialty occupation is one that requires the 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 required for entry into the occupation in the United States. For example, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts are specialty occupations. 

What documents do I need to include in my E-3 visa application?

The applicant must submit a completed Form I-129, Petition for a Nonimmigrant Worker with the following documents:

  1. An annotated ETA Form 9035-E Labor Condition Application (LCA) certified by the Department of Labor.
  2. Academic or other credentials demonstrating qualifications for the position.
  3. Job offer letter or other documentation from the employer establishing that you will be engaged in a specialty occupation and that you will be paid the higher of the actual or prevailing wage.
  4. Evidence of any required licensure or other official permission to practice the specialty occupation in the state of intended employment. 

How long is the duration of the E-3 visa?

E-3 visa holders are granted an initial period of stay of two years and may be renewed indefinitely in 2-year increments. 

Can I bring my family with me?

Yes. Spouses and unmarried children under 21 years of age are entitled to derivative status in E-3D classification. Spouses of E-3 visa holders may work, but not their children.

If you have questions about the E-3 visa application and process, please contact us. We are here to help. Stay in the know - follow us on InstagramTwitterFacebookLinkedIn or Tumblr for up-to-date immigration news.

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