E-3: Australians in Specialty Occupations

The E-3 classification applies only to nationals of Australia. Applicants must be coming to the United States solely to perform services in a specialty occupation. The specialty occupation requires theoretical and practical application of a body of highly specialized knowledge and the attainment of a bachelor’s or higher degree, or its equivalent, as a minimum for entry into the occupation in the United States. For more information, see the U.S. Embassy in Canberra website.

Eligibility Criteria

To qualify for E-3 status, a person must demonstrate:

They are a national of Australia
Have a legitimate offer of employment in the United States
Possess the necessary academic or other qualifying credentials
Will fill a position that qualifies as a specialty occupation

Applying for a Visa at a U.S. Embassy or Consulate

An applicant for an E-3 visa must present the following documents to the U.S. Embassy or Consular official:

Copy of the certified Labor Condition Application (LCA)
Letter from host department that includes a legitimate offer of employment, salary (paid at the higher , anticipated length of stay, and evidence that the position qualifies as a specialty occupation.
DS-160 confirmation page (available after completing the electronic nonimmigrant visa application, Form DS-160. A digital photo may need to be uploaded with this application.
Australian passport valid for at least 6 months from the date of proposed travel
Proof of payment of the Machine Readable Visa fee
Certified copies of diplomas, transcripts and other academic credentials
Proof that the applicant will have the necessary license or other official permission to practice in the specialty occupation before commencing employment
CV or resume
Photos of visa applicant. Requirements here.
Proof that stay in the U.S. will be temporary.

If applying for an E-3 visa outside of Australia, re-confirm with that U.S. Embassy or Consulate if they will entertain an E-3 visa application and verify if they have any other special requirements.

Applying for E-3 status within the U.S.

I-797 Notice of Action approval of an I-129 petition
An approved Labor Condition Application (LCA), which the U.S. employer obtains from the Department of Labor.
Academic or other credentials demonstrating qualifications for the position
Job offer letter or other documentation from the employer establishing an applicant will be engaged in a specialty occupation and will be paid the higher of the actual or prevailing wage
Specialty Occupation credentials (diploma, transcript)
If required, before commencing employment in the specialty occupation, an applicant must have the necessary license or other official permission to practice in the specialty occupation

Period of Stay/Extension of Stay

Initial period of Stay- 2 years
Extension of stay-Up to 2 years per extension; no maximum number of extensions, with some exceptions

Change of Employment

New employer must file a new Labor Condition Application
New employer must file I-129 is used to apply for change of employment.

E-3 Dependents

Spouse and unmarried children under 21 years of age are entitled to the same E-3 classification.
Spouse is entitled to work authorization, but not your children.
To apply for work authorization as a spouse of an E-3 non-immigrant, spouse would file a Form I-765, Application for Employment Authorization.