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E-3 Specialty Occupation Workers from Australia | USCIS

Overview

  1. How to qualify for an E-3 visa
  2. What are the benefits of an E-3 visa?
  3. The process of applying for an E-3 visa
  4. What are the documents required for an E-3 visa?
  5. E-3 visa fees
  6. E-3 visa processing time

1. How to qualify for an E-3 visa

You must demonstrate, among other things, that you:

  • Are you a citizen or national of Australia with a valid Australian passport
  • Have a legitimate offer of employment in the United States
  • Will fill a position that qualifies as a “specialty occupation”
  • Possess the necessary academic or other qualifying credentials
    • This tends to mean a bachelor’s degree or higher, or a level of experience difficult to obtain.
  • You must intend to leave the United States upon the termination of your status
    • However, you do not have to maintain a foreign residency while you are in the United States
  • Have a certified Labor Condition Application (LCA) from the Department of Labor:

https://www.dol.gov/sites/dolgov/files/ETA/oflc/pdfs/ETA_Form_9035CP.pdf

  • Your employer must sign the LCA to guarantee specific requirements are being met at work:
    • You are being hired without causing a labor dispute
    • You are being hired without negatively affecting employees comparable to you
    • You are being paid fairly while on an E-3 visa.
      • You cannot be paid more or less than your colleagues for doing work of similar difficulty
    • Your LCA could not have been granted more than two years before your start date at your new job

2. What are the benefits of an E-3 visa?

  • Only Australian nationals are permitted to use the E-3 visa, making for a small pool of applicants.
  • 10,500 E-3 visas are made available each year.
    • There have never been as many E-3 visas applied for or issued as are made available.
  • The E-3 visa is less expensive and has fewer applications than the H1B visa, making it easier to get.
  • E-3 status is available for a maximum of two years and is renewable forever.
  • You may bring your dependent spouse and unmarried children under the age up 21.
    • Your children can attend school
    • Your spouse is allowed to work under an Employment Authorization Document (EAD)

3. The process of applying for an E-3 visa

  • Applying Overseas
  • Applying in the United States
    • If you are in the United States on the Visa Waiver Program (where you do not need a visa if you are only in the United States for 90 days or less) and are selected for a job that will sponsor you as an E-3 nonimmigrant,
      • you will have to leave the United States to apply for your E-3 visa.
        • You do not have to go all the way to Australia.
        • Many consuls in Europe and Canada will issue an E-3 visa.
    • If you have been a legal nonimmigrant under a different visa, you can submit a “change of status.”
      • Unfortunately, you are not eligible for premium processing with an E-3 visa
      • Even though it takes longer to apply for a change of status rather than to leave the country and apply for a visa through a consul, you can remain in the United States during processing, which will save you the cost of flights to and from the United States.
      • Also, if you stay in the country, you can apply for your spouse’s job authorization.

4. What are the documents required for the E-3 visa?

  • Each United States consulate and embassy have its requirements for the kinds of paperwork and the formats they want them in.
    • To guarantee that your paperwork is correct, check that specific consulate or embassy’s website.
    • You should hire a knowledgeable immigration lawyer to help you gather and prepare the required papers to submit with your application.
  • Some of the documents your local consulate or embassy might want are:

5. E-3 visa fees

At the time of publishing, E-3 visa fees are as follows:

  • Immigration Lawyer Legal Fee: This fee will vary according to where you are and how much help you need.
  • E-3 Visa Fee: $205
  • Employment Authorization Document Fee: $410
  • I-129 Fee: $460
  • Visa Processing Fee: $205

6. E-3 visa processing time

Changes of status can take four to eight months to process.

The season/time of year can affect your visa application. It can take a consul anywhere from a few days to a few weeks to issue a visa.