THE HOLT LAW GROUP

E-3: Visa for Australian Professionals

The E-3 is a new visa for Australian nationals to work in specialty occupations in the U.S. It has many advantages over other working visas, including E-3 spouses able to apply for work authorization, and for consular processing.

Requirements:

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

1. Legitimate offers of employment in the U.S.;
2. Position qualify as specialty occupation employment;
3. he or she is an Australian citizen;
4. he or she has the necessary academic or other qualifying credentials;
5. the stay will be temporary; and
6. if required, the individual has the necessary license or official permission to practice in the specialty occupation.

Specialty occupation requires theoretical and practical application of a body of knowledge in professional fields and attainment of a bachelor's degree, or its equivalent, as a minimum for entry to the occupation in the U.S.

Similar to H-1B visas, prospective employers of E-3 visas will first apply for a "Labor Condition Application" (LCA) with the US DOL, with a note indicating it is for an E-3 visa. After the LCA is granted, the Australian citizen then applies for the visa at a US consulate. Australians who are already in the U.S. on another non-immigrant visa may apply to change status to an E-3 visa. Change of status is not possible for those who entered the U.S. under the visa waiver program.

The E-3 visa classification is numerically limited, with a maximum of 10,500 visas available annually.