Australian Professional (E-3)

The E-3 visa is designated for Australian citizens coming temporarily to the United States to work in a "specialty occupation." The term "specialty occupation" means an occupation that requires theoretical and practical application of a body or highly specialized knowledge, and 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. The definition is the same as the "H-1B" specialty occupation as defined in the Immigration and Nationality Act (INA).

Australian permanent residents are ineligible for this visa unless the resident holds an Australian passport. E-3 visa holders are allowed to attend school either full-time or part-time while working for the E-3 Employer/Sponsor.

Visa Cap & Time Limit
There is an annual limit of 10,500 E-3 visas per fiscal year. Spouses and dependents of the E-3 visa holder do not count against the annual limit and neither do E-3 extension applications.

The E-3 visas are granted in two year increments and may be extended indefinitely (with limited exceptions) in additional two year increments as long as the E-3 visa holder continues to meet the E-3 qualifications.

Spouse and Child(ren)
The spouse and unmarried children under 21 years of age are eligible for E-3 dependent visa status (E-3D), and do not have to be Australian Citizens. Additionally, spouses are eligible for work authorization after arriving in the United States, and may apply for social security numbers after obtaining their valid Employment Authorization Document (EAD). Your spouse can be of any nationality to apply for work authorization as an E-3 dependent, and does not have to meet any bachelor degree requirement or have a sponsoring employer.

Dual Intent
Unlike the H-1B specialty occupation, the E-3 visa does not allow for dual intent, which allows the visa holder to simultaneously pursue permanent residence. The E-3 visa is a temporary, non-immigrant visa and as such, the applicant must demonstrate "residence abroad"

Evidence

The following forms, documents, and evidence are required for a successful E-3 application:

Form I-129
Certified Labor Condition Application, filed with the Department of Labor on Form ETA-9035
Evidence of a U.S. Bachelor's degree (academic credentials for the position)
In the absence of any academic / other qualifying credentials, evidence of education and experience that is equivalent to the required U.S. degree (3 years of professional experience is equivalent to 1 year of undergraduate study)
Evidence of links/ties to Australia (i.e., Proof of Australian residence, business, etc.) to prove that applicant's stay in the United States will be temporary
A certified copy of any required license or other official permission to practice in the specialty occupation that is normally required for the position
Job offer letter (or other documentation) from the employer to establish that the work qualifies as specialty occupation and that the applicant will receive the higher of the actual or prevailing wage
Evidence of payment of the application fee / Machine Readable Visa (MRV) Fee

FAQs

Q1. May my family apply for Adjustment of Status while we are in E-3 status?
No. The E-3 visa is a non-immigrant visa. Under U.S. immigration law, dual intent to pursue a green card is not allowed under any circumstance. However, there are other options that you may want to consider if you are seeking permanent residence in the U.S.

Q2. May I be self-employed?
No. The employer must sponsor the applicant in order for the applicant to obtain an E-3 visa.

Q3. Must I work only for the same employer who sponsored me?
No. You may work for any new employer as long as your prospective employer is willing to sponsor you for a new E-3 visa.

Q4. What does prevailing wage mean?
Prevailing wage is the salary that is offered to the E-3 worker. The salary must satisfy the Department of Labor's prevailing wage requirement for the specialty occupation, which is part of the labor condition application.