E3 Visa

E3 Visa Guide: Essential Information for Australian Nationals

The E3 visa offers Australian citizens the opportunity to work in the United States in “specialty occupation” roles. Below, we provide an overview of the E3 visa, its benefits, requirements, and the application process for those seeking to build their careers in the U.S.

E3 Visa Overview

The E3 visa is a non-immigrant visa specifically available to Australian nationals working in specialty occupations in the U.S. To qualify, the applicant must meet certain educational and professional criteria. The E3 visa is valid for a maximum of two years but can be renewed indefinitely, offering a flexible pathway for Australians to live and work in the U.S.

To obtain an E3 visa, applicants must:

  • Be an Australian citizen,
  • Possess a job offer that requires at least a bachelor’s degree,
  • Meet the educational requirement of holding a bachelor’s degree or its equivalent, and
  • Have a professional license, if needed for the job role.

The U.S. government issues 10,500 E3 visas annually, though this cap has historically never been reached. Dependents of E3 visa holders, including spouses and children, may apply for E3D status.

Benefits of the E3 Visa

The E3 visa offers several distinct advantages, including:

  • Specialized Visa for Australians: The E3 visa is a unique category exclusively for Australian citizens.
  • Annual Availability: Up to 10,500 E3 visas are issued each year, but the demand remains lower than other visa types.
  • Cost Efficiency: Applying for the E3 visa is generally less expensive and less competitive than the H1B visa.
  • Family Benefits: Dependents, including spouses and unmarried children under 21, may join the primary visa holder in the U.S.
  • Spousal Employment: Unlike certain other visa categories, E3 spouses can apply for an Employment Authorization Document (EAD), allowing them to work in the U.S.
  • Indefinite Renewals: While the E3 visa is valid for two years, it can be renewed indefinitely, making it an ideal option for those who plan to work in the U.S. long-term.

Requirements for an E3 Visa

To qualify for an E3 visa, applicants must meet the following requirements:

  1. Specialty Occupation and Educational Requirement
    The job must be classified as a specialty occupation requiring a bachelor’s degree or higher in a specific specialty or an equivalent level of expertise. Specialty occupations typically involve applying highly specialized knowledge both theoretically and practically.
  2. Full Qualification for the Role
    Applicants must possess a bachelor’s degree or its equivalent. In some cases, relevant professional experience may be considered as an equivalent to a bachelor’s degree. If the role requires a license, applicants must possess the necessary license or be able to acquire it in a reasonable time frame.
  3. Australian Citizenship Requirement
    Applicants must have a valid Australian passport to be eligible for the E3 visa.
  4. Certified Labor Condition Application (LCA) from the Department of Labor (DOL)
    A certified Labor Condition Application (LCA) must accompany the E3 visa application. The employer must sign the LCA, which certifies that the employer complies with specific workplace conditions, including:

    • There is no active labor dispute at the workplace,
    • Employing a foreign national will not adversely impact other employees, and
    • The E3 visa holder will receive a fair and equitable wage.
  5. Intent to Depart the United States After E3 Status Ends
    Although applicants do not need to maintain a foreign residence, they must demonstrate an intention to leave the United States when their E3 status expires.

Need Assistance with Your E3 Visa?

For further information or personalized assistance with the E3 visa process, our experienced team is here to help. Please don’t hesitate to reach out to us at matif@atiflawfirm.com. We’re dedicated to guiding you through each step of your visa journey.