Table of Contents
- E-3 Visa Eligibility
- Specialty Occupation
- Supporting Documents
- E-3D Dependent Visa
- US Attorney's E-3 Advice
E-3 Visa Eligibility
The E-3 visa classification applies only to Australian citizens, holding a valid Australian Passport, and their spouses, with a marriage certificate, and children. You must be entering the United States solely to perform services in a specialty occupation. There will be a maximum of 10,500 E-3 visas issued annually during each fiscal year. Note that spouses and children do not count against the quota nor do applicants extending their E-3 visa, while in the US. To qualify for an E-3 visa, you must show that you:
- Are a National of Australia
- Have a legitimate offer of employment in the United States
- Have the necessary academic or other qualifying credentials
- Will fill a position that qualifies as a specialty occupation
Specialty Occupation
A 'Specialty Occupation' is defined as an occupation that requires:
- 1. A theoretical and practical application of a body of specialized knowledge; and
- 2. The attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.
Supporting Documents
The following Forms and supporting documents are required for the E-3 visa, which is to be filed at the US Embassy or Consulate in Australia:
- Form I-129 - Petition for Non-Immigrant Worker
- A Labor Condition Application (LCA) - cannot be the same application used in a previous H-1B application.
- Academic or other credentials - demonstrating qualifications for the position.
- Job offer letter - or other documentation from the employer establishing that you will be engaged in a specialty occupation and that you will be paid the higher of the actual or prevailing wage.
- Occupation License - if required, before you may commence employment in the specialty occupation, you must have the necessary license or other official permission to practice in the specialty occupation.