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Dreaming of working in the United States but wondering how to make it a reality? For Australian citizens, the E-3 visa offers a unique pathway to employment in America. Whether you’re an experienced professional eyeing a new career adventure or a recent graduate ready to take on the US job market, the E-3 visa is a game-changer.
This unique visa allows eligible Australian professionals to live and work in the US for up to two years at a time. Let’s explore the ins and outs of the E-3 visa and the types of specialty occupations that qualify.
What is the E-3 Visa?
The E-3 visa is a nonimmigrant visa classification that enables Australian citizens to work in the United States in specialty occupations. It was established under the Australia-United States Free Trade Agreement (AUSFTA) to enhance economic ties between the two nations.
To be eligible for an E-3 visa, you must:
- Be an Australian citizen
- Have a legitimate job offer from a US employer
- Possess the necessary academic or professional qualifications
- Work in a position that qualifies as a specialty occupation
There is an annual quota of 10,500 E-3 visas available for Australians. Spouses and unmarried children under 21 can accompany the primary E-3 visa holder.
What Qualifies as a Specialty Occupation?
The cornerstone of the E-3 visa is the specialty occupation requirement. But what exactly constitutes a “specialty occupation”?
US immigration law defines it as an occupation that requires:
- Theoretical and practical application of a body of 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.
In other words, the job must require specialized skills and knowledge typically obtained through university-level education in a particular field. The degree requirement is normally the minimum entry requirement for the position.
While there is no official list of qualifying occupations, some common examples include:
- Accountants and auditors
- Architects
- Business managers and analysts
- Computer scientists and programmers
- Doctors, dentists, nurses, and other healthcare professionals
- Engineers (aeronautical, chemical, civil, electrical, mechanical, etc.)
- Graphic designers and commercial artists
- Lawyers
- Mathematicians and statistics
- Scientists (chemists, biologists, physicists, etc.)
- Teachers and university teachers
The key is demonstrating that the position meets the criteria of a specialty occupation and that you have the corresponding bachelor’s degree or higher in that specific field. Degrees must be from an accredited college or university.
E-3 Visa Application Process
To apply for an E-3 visa, your prospective US employer must first obtain a certified Labor Condition Application (LCA) from the Department of Labor. The LCA verifies that you will be paid the prevailing wage for your occupation in the geographic area of employment.
Once the LCA is approved, you can apply for the E-3 visa at a US Embassy or Consulate in Australia. Required documents typically include:
- DS-160 Online Nonimmigrant Visa Application
- Valid passport
- Photograph meeting US visa requirements
- Approved LCA
- Job offer letter from your US employer
- Proof of academic qualifications (degrees, transcripts, licenses, etc.)
- Evidence of ties to Australia demonstrating your intention to return
After your visa is issued, you can travel to the US and present your passport and visa at the port of entry to be admitted in E-3 status. E-3 visas are typically granted for an initial period of 2 years and can be renewed indefinitely in 2-year increments as long as you continue to meet the requirements.
Bringing Your Family on an E-3 Visa
One of the advantages of the E-3 visa is the ability to bring your immediate family members with you to the United States. Your spouse and unmarried children under 21 can accompany you by applying for E-3D (dependent) visas.
E-3 dependents can study in the US, and your spouse can apply for work authorization by filing Form I-765, Application for Employment Authorization, after being admitted to the US in E-3D status. This makes the E-3 visa an attractive option for Australians looking to relocate with their families.
Changing or Extending E-3 Employment
If you want to change employers while on an E-3 visa, your new employer must file a new Form I-129, Petition for a Nonimmigrant Worker, with a certified LCA. You can only begin working for the new employer once the petition is approved.
To extend your stay with the same employer, your employer must file Form I-129 with evidence of your continued eligibility for E-3 status, including a valid LCA and evidence that you maintain your Australian nationality.
Explore Your E-3 Visa Options with Altius Immigration Law
Securing an E-3 visa is within your reach, but handling the application process requires careful planning and attention to detail. Our experienced attorneys at Altius Immigration Law are here to guide you through every step, helping you understand your eligibility, gather the necessary documentation, and submit a strong application.
We have a proven track record of success in helping Australian professionals like you achieve their career goals in the United States. Schedule a consultation with our team today to discuss your unique situation and learn how we can support you in making your American dream a reality.
Contact Altius Immigration Law to get started.
