E-3 Visas for Specialty Occupation Workers From Australia

The E-3 nonimmigrant visa category exclusively pertains to Australian nationals temporarily employed by a U.S. company for specialized services in a designated occupation. A “specialty occupation” is specifically characterized by:

1. Theoretical-practical application of a body of highly specialized knowledge.
2. Attainment of a bachelor’s degree or higher in the specific specialty (or its equivalent) as a minimum requirement for entry into the occupation in the United States.

The nonimmigrant in a specialty occupation must possess the following qualifications:

• Full state licensure to practice in the occupation, if licensure is required for the occupation;
• Completion of the required degree; or
• Experience in the specialty equivalent to the completion of such a degree and recognition of expertise in the specialty through progressively responsible positions relating to the specialty.

 

Applying for an E-3 Visa

For those applying directly with the U.S. Embassy or Consulate abroad, the employer doesn’t need to file an I-129 petition with USCIS. However, they must submit a Labor Condition Application (LCA) to the U.S. Department of Labor, attesting to paying the E-3 employee at least the minimum “prevailing wage” for the position. Once the LCA is approved, the employer compiles an application package, demonstrating that the position qualifies as a specialty occupation and the foreign national meets the minimum degree requirement. Simultaneously, the foreign national completes the U.S. Department of State’s online visa application (DS-160), pays the visa fee, and schedules a visa appointment with a U.S. Embassy or Consulate abroad. During the appointment, the foreign national presents the E-3 application package. Upon a successful appointment, they receive the E-3 visa, enabling entry to the United States and commencement of work in E-3 status.

Alternatively, if the foreign national is already in another nonimmigrant visa status in the U.S., they can opt for a change of status application within the country. In this scenario, the petitioning employer initiates the LCA and files a petition for a nonimmigrant work visa with USCIS. Upon E-3 petition approval, USCIS issues an I-797 Approval Notice, automatically granting E-3 status to the foreign national.

Family of Visa Holder

Family members, including spouses and unmarried children under the age of 21, of E-3 visa holders have the option to apply for the E-3 visa. Spouses under the E-3 visa category are eligible to seek work authorization in the United States. Unmarried minor children of E-3 visa holders are permitted to reside in the United States and attend schools, but they are not authorized to work.