The E-3 Visa is a temporary nonimmigrant work visa for Australian citizens in specialty occupations. E-3 Visa Australian specialty occupations include jobs in fields such as business management, medicine, and information technology that require the theoretical and practical application of a specialized body of knowledge. The E3 US Visa is not subject to an annual visa lottery and a prior petition to the U.S. Citizenship and Immigration Services (USCIS). The Australian specialty worker must have the necessary educational qualifications, work credentials, and nonimmigrant intent to be eligible for the US E3 Visa.
The application for the US Work Visa for Australian Citizens starts with the filing of a labor certification by the U.S. employer. The labor certification proves that no qualified U.S. worker is available for the specialty occupation at the prevailing wage. Australian workers go through consular processing in a US Embassy or Consulate for their E 3 Visa application. A successful E-3 Visa application grants an initial 2-year stay in the US which can be extended up to 2-year increments unlimitedly.
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What is an E-3 Visa?
The E-3 Visa is a nonimmigrant visa for Australian citizens seeking to work in the United States under specialty occupations. E-3 Visa specialty occupations require theoretical and practical application of a specialized body of knowledge. Specialty occupations require at least a bachelor’s degree or higher degree in a certain specialty or its equivalent.
What Kind of Visa is E3?
The E3 Visa is a temporary U.S. work visa for Australian nationals. E3 Visa applicants must be entering the United States to work in a specialty occupation for a U.S. employer.
How Does an E-3 Visa Work?
The US E3 Visa is only applicable to citizens of Australia. The E-3 Visa resulted from the Australia-United States Free Trade Agreement (AUSFTA) and was effectively signed into law on May 11, 2005. The E3 Visa allows U.S. employers to hire Australian citizens who will work in specialty occupations such as business management, healthcare and medicine, and research. The US employer must obtain a labor certification from the Department of Labor (DOL) to initiate the process of E 3 Visa application. A labor certification shows that no qualified US worker is available for the specialty occupation at the prevailing wage.
E-3 nonimmigrant workers are able to bring their dependent spouses and unmarried children under 21 with them to the US. The spouses of E3 workers are considered employment-authorized incident to status.
What are the Benefits of E-3 Visa?
The E-3 Visa has the following benefits for Australian specialty workers.
- No requirement for a petition. The E 3 Visa can be applied for at a US embassy or consulate outside the US without the need for a prior petition to the U.S. Citizenship and Immigration Services (USCIS). Australian specialty workers are able to save on expenses and time in their visa application without the need for a petition.
- No visa lottery. The E-3 Visa has an annual cap of 10,500 visas which has never been reached so there is no need for a visa lottery.
- Multiple visa renewals. The E3 Visa is valid for an initial 2-year period and can be extended for 2-year increments indefinitely.
What are the Risks of E-3 Visa?
These are the risks of the E3 Specialty Occupation for Australian Citizens Visa.
- Restricted eligibility. The E3 Visa is only eligible for citizens of Australia. Permanent residents of Australia are not allowed to apply for the E-3 Work Visa.
- Employment limitations. The Australian worker is only allowed to work for the employer that offered him/her a job for their E3 Visa application. Changing an employer requires filing a new labor certification and a petition to the U.S. Citizenship and Immigration Services (USCIS).
- Nonimmigrant intent. The E-3 Visa is a temporary US work visa which means that the Australian worker has to return to their home country upon expiration of their visa.
How Much Does an E-3 Visa Cost?
The cost of an E3 Visa application is $205. There is no visa issuance fee for Australian citizens applying for the E3 Visa. These are the other costs associated with the E 3 Visa.
- Form I-129, Petition for Nonimmigrant Worker (for applicants within the US)- $460
- Premium Processing fee (optional)- $2,500
How to Apply for An E-3 Visa?
Most applicants apply for the E-3 Visa overseas through consular processing. These are the 6 steps in the application for the US Work Visa for Australian Citizens.
- Obtain a labor certification. Your employer files the labor certification application to the Department of Labor (DOL).
- Fill out Form DS-160, Online Nonimmigrant Visa Application. Form DS-160 is accomplished by overseas applicants. Australian workers who are applying within the US submit Form I-129, Petition for Nonimmigrant Worker to the USCIS.
- Pay the E3 visa fee. The cost of a US E 3 Visa is $205.
- Schedule your visa interview. Bring your visa appointment letter with you to the interview.
- Complete the required documents. We have a complete E3 Checklist of documentary requirements in the following section.
- Attend your visa interview. The E3 Visa interview in the US embassy or consulate will assess your qualifications, work experience, and nonimmigrant intent.
What are the Requirements for an E-3 Visa?
Here are the E-3 visa Requirements for Australian specialty occupation workers.
- Proof of Australian citizenship such as your current, valid Australian passport.
- Job offer letter from your US employer with the company letterhead, your job description, and details to indicate that you will work in a specialty occupation.
- Evidence of your degree (bachelor’s or higher).
- Your professional license to perform your occupation if required by the US.
- Letters from previous employers.
- A copy of your labor certification.
- A printed copy of your DS-160 confirmation page or your Form I-129.
- Your visa appointment letter.
- An empty envelope with your address.
- Receipts of visa application payments.
- Proof of nonimmigrant intent such as your residence in Australia, property deeds, and family relations.
What Types of Specializations are Accepted in Applying for E-3 Visa?
Australian citizens must be working in specialty occupations to qualify for the US E3 Visa. Examples of specialty occupations include the following.
- Information Technology (IT) jobs such as analysts and programmers.
- Education or academic jobs such as consultants, teachers, researchers, and managers.
- Healthcare and medicine.
- Other disciplines such as mathematics, political science, engineering, and business management.
There is no definitive list of specialty occupations for the E-3 Visa. You can check the Occupational Information Network website O*NET Online to see if your job is considered a specialty occupation qualified for the E-3 Visa.
Who is Eligible in Applying for E-3 Visa?
Here we have the eligibility criteria for the E3 US Visa.
- Possess Australian citizenship.
- Have a valid job offer from a U.S. employer.
- Have the necessary academic or qualifying credentials. Australian workers without a degree can use their professional experience with documentary evidence to support equivalency to a degree.
- Hold an unrestricted license, registration, or certification to practice their occupation, if applicable.
- Will work in a specialty occupation.
How Long is the Process of E-3 Visa?
The average processing time for the E-3 Visa is between 4-6 weeks. The exact processing Visa Appointment Wait Times for the E3 Visa depends on the appointment availability and caseload of the US embassy or consulate.
How Long Does it Take to be Approved for an E-3 Visa?
Consular processing for the E 3 Visa takes approximately 4-6 weeks to process. Applying within the United States takes about 4-8 months for a change of status in the USCIS. Premium processing is available as of February 24, 2021 for Form I-129 petitions for the E3 USA Visa. Premium processing expedites the processing in USCIS to 15 calendar days.
How Long Can I Stay on an E-3 Visa?
The E-3 Visa validity is 2 years. Extensions of the E3 Visa are given for 2-year increments. There is no maximum number of extensions for the E 3 Visa.
What are the Interview Questions of E-3 Visa?
Review your DS-160, labor certification application, and job offer letter prior to your E3 Visa interview. You should be able to prove your qualifications for the E-3 Visa with your academic degree and work experience supported by evidentiary documents. Here are 5 sample interview questions and answers during an E-3 Visa interview.
- What will be your role in the U.S. company you applied for? State your job title, responsibilities, and duties as stated in your letter of job offer.
- What does the U.S. company do? Make sure to know the goods/services that your US employer provides and the nature of the company’s operation.
- Where and what did you study? Mention the academic institution/s where you acquired your degree/s to qualify for the E3 Australian Specialty Occupation Visa.
- Did you ever have an E-3/any other U.S. Visa? Answer if this is your first time applying for an E3 Visa or if you are renewing your E3 status.
- Has anyone ever filed an immigrant visa/green card on your behalf? Know your DS-160 and if you answered yes to this question, you should tell the immigration officer.
What are the Countries that can Apply for an E-3 Visa?
Only citizens from Australia are qualified to apply for the E3 Visa as a result of the Australia-United States Free Trade Agreement (AUSFTA). Nationals from other countries can apply for other US temporary work visas such as H-1B for specialty occupation workers from any non-US country, the TN Visa for Canadians and Mexicans, or the H-1B1 Visa for Singaporeans and Chileans.
Can I Apply for an E-3 Visa Without a License for a Specialist Occupation?
An E3 Visa applicant must have the appropriate license for a specialty occupation if the job requires licensure to practice. The Australian E-3 Visa worker must submit proof of licensure prior to granting the US E3 Visa. In cases where the license or official permission is not available prior to US entry, the applicant must show that the license will be obtained within a reasonable period of time after entering the US.
Can I File E-3 Visa in the US?
Yes, the E-3 Visa can be applied for in the US via a change of status using Form I-129. The applicant must be holding another valid nonimmigrant US Visa to be eligible for a change of status to an E-3 Visa.
Are E-3 Visa Holders Eligible to Apply for US Citizenship?
E3 Visa holders are only eligible for US citizenship after living in the US as permanent residents for 5 years. US Citizenship allows you to obtain a US passport and the right to vote. You are able to leave and re-enter the US at any time without any restrictions as to the length of time you can remain outside the US. Permanent residence (Green Card) gives you the right to live, work, and study indefinitely in the US. Permanent residence (Green Card) allows you to travel outside the US provided that you return within a year to maintain your status. You are subject to grounds of inadmissibility (health issues, criminal activities, immigration violations) when re-entering the US as a Green Card holder, unlike US citizens.
Can I Apply for Green Card with an E-3 Visa?
Yes, E-3 Visa holders can change their status to a Green Card (Permanent Resident Card). Getting a Green Card (Permanent Resident Card) from E3 Visa can be done through family-based immigration, employment-based immigration, or investment-based immigration. Gaining a Green Card through family immigration is possible for E 3 Visa holders who are immediate relatives of US citizens or Green Card holders. Employment-based Permanent Resident Cards are for foreign workers permanently employed in the US. Going from E3 Visa to Permanent Resident Card through investment is done through the EB-5 Visa Program. The EB5 Visa grants permanent residence to foreign investors who can invest a minimum capital in a US business that leads to at least 10 full-time jobs for US citizens.
Check our guide on changing an E-3 Visa to Green Card for more information.
Is Getting an E-3 Visa Difficult?
No, the process of getting an E-3 Visa is easier and cheaper compared to other temporary work visas such as the H1B Visa. The E3 Visa is not subject to an annual lottery, unlike the H1B Visa. Australian workers can apply for the E 3 Visa even without a USCIS petition through consular processing.