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E-3 SPECIALTY OCCUPATION PROFESSIONALS FROM AUSTRALIA
US Immigration Attorney - E-3 and E-3D Visa Advice for Australians
Our United States Immigration Lawyers are experienced, ethical, and registered with AILA (American Immigration Lawyers Association), and they can assist clients in our offices in Brisbane, Australia or Hong Kong. Our US Attorney's can advise clients worldwide, with a fast and efficient Consultation by telephone or skype where they advise you about:- Visa eligibility
- Information about the visa process
- Assistance with a re-application after a US visa denial
- Advice regarding required supporting documents, including: Job Offer letter, Qualifications certificates and Employment references
- Checklist of documents required and format
- Assistance in completion of USCIS Application forms and petitions
- US Consulate Interview preparation covering common questions and answers
- Visa Processing time guidance
- USCIS fees and Attorney fees for complete visa application assistance
E-3 Visa Eligibility Criteria
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
What is a '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.
Process to apply for E-3D (dependent) visa
To demonstrate that your relationship with your spouse exists, you would need to provide a marriage certificate. The process to apply for an E-3D Dependent visa is as follows:1. Separate Application - the dependent must make a separate visa application (complete DS-160 Form and select 'E-3' for dependents), similar process to the principal applicant and then needs to schedule an Interview at the US Consulate.
2. Provide Principal Applicant's documents - must show that the principal applicant is the recipient of an E-3 visa by providing a copy of the visa or, if the applicant has obtained E-3 status in the U.S., the I-797 Approval Notice.
3. Permission to Work - E-3 spouses are entitled to work in the United States and may apply for an Employment Authorization Document (Form I-765) through U.S. Citizenship and Immigration Service (USCIS). When completing the form, applicants will need to select the visa type E1/E2, as E3 is not listed as an option. Note that Children are not permitted to work.
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