Australian Professionals: The E-3 Visa | E-3 Visa Immigration Lawyer
The E-3 Visa is a special visa specifically reserved for nationals of Australia. In order to apply for the E-3 visa, the Australian applicant must be traveling to the United States to perform services in a specialty occupation. As with most other specialty visas, this requires theoretical and practical application of a body of knowledge in professional fields and at least the attainment of a bachelor's degree, or its equivalent, as a minimum for entry into the occupation in the United States.
Criteria for the E-3 Visa
In order to obtain an E-3 Visa, the applicant must satisfy four key criteria. The applicant must demonstrate:
- that he/she has a legitimate offer of employment in the United States
- that he/she is a national of Australia
- that he/she possesses the necessary academic or other qualifying credentials
- that he/she will fill a position that qualifies as a specialty occupation under federal law
Does an employer need to petition the USCIS for an E-3 Visa?
Unlike many other Visa petitions, a United States employer is not required to submit a petition to the USCIS as a prerequisite for visa issuance. However, the U.S. employer must obtain a Labor Condition Application (LCA), ETA Form 9035 or ETA Form 9035E, from the Department of Labor.
Can I apply for the E-3 Visa within the United States?
No. An E-3 visa applicant cannot apply for an E-3 visa from within the U.S. The applicant must first leave the United States before applying for your E-3 visa. However, he or she can apply for the E-3 visa at any U.S. Embassy or Consulate that processes nonimmigrant petition-based visas. The Australian national must satisfy the consular officer that he/she intends to depart upon termination of status.
Period Of Stay/Extension of Stay
|Initial Period of Stay||Extension of Stay|
|2 Years||Up to 2 years per extension; No maximum number of extensions, with some exceptions|
Rights of Family Members
The spouse and unmarried children under 21 years of age are entitled to the same E-3 classification as the original applicant. Furthermore, applicant's spouse is also entitled to work authorization. To apply for work authorization as a spouse of an E-3 nonimmigrant, your spouse would file a Form I-765, Application for Employment Authorization.
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