E-3 Australian Specialty Occupation Visa

The E-3 visa is a non-immigrant visa available to Australian nationals wishing to work in the United States in specialty occupations. Below are key aspects of the E-3 visa:

Key Features of the E-3 Visa:

Eligibility:

The E-3 visa is available to Australian citizens coming to the U.S. to work in specialty occupations, typically professions that require a bachelor’s degree or higher.

Employer Sponsorship:

To obtain an E-3 visa, applicants must secure a job offer from a U.S. employer who is willing to sponsor them. The employer must file a Labor Condition Application (LCA) with the U.S. Department of Labor and submit Form ETA-9035 with the U.S. Citizenship and Immigration Services (USCIS).

Qualifications:

Applicants must possess the necessary qualifications for the specialty occupation, which usually means holding a bachelor’s degree or equivalent experience in the relevant field.

Duration:

Initially, the E-3 visa is typically granted for up to two years, with the possibility of renewal in two-year increments.

Spouse and Dependents:

E-3 visa holders’ spouses and unmarried children under 21 years old may accompany them to the U.S. under the E-3D visa category. Spouses are eligible to apply for work authorization, allowing them to work for any employer in the U.S.

Application Process:

• Applicants must attend an in-person interview at a U.S. embassy or consulate in Australia.
  
  
• They need to provide supporting documentation, including the job offer, proof of qualifications, and evidence of ties to Australia.
  
  

Wages and Working Conditions:

Employers must pay E-3 visa holders the prevailing wage for their occupation in the area of intended employment, ensuring a working environment that meets U.S. labor standards.

Transition to Permanent Residency:

While the E-3 visa is non-immigrant, holders may pursue permanent residency (green card) through other immigration pathways if they meet the eligibility criteria.

Occupational Mobility:

E-3 visa holders can change employers in the U.S., but the new employer must file a new LCA and submit a new Form ETA-9035 to USCIS to ensure compliance with visa regulations.

Navigating the E-3 Visa Process

The E-3 visa process can be complex, so it’s advisable for both employers and prospective employees to seek legal advice and ensure compliance with all applicable regulations. At Visa Aid, we provide expert guidance through every step of the process to ensure success.