Australian Specialty Worker (E-3) Visas Text Size:

The E-3 Australian specialty worker visa is a work visa category available only to Australian citizens. The E-3 visa allows Australian citizens to come to the United States to work temporarily in a specialty occupation, also referred to as a professional position. However, a job offer from the US is required before an Australian citizen may apply for an E-3 visa.

E-3 Visa Classification

The E-3 visa classification applies only to citizens of Australia as well as their spouses and children. E-3 principal applicants must be coming to the US solely to work in a specialty occupation. The spouse and children need not be Australian citizens.

Application for E-3 Visa

An Australian citizen may apply for an E-3 visa at any US Embassy or Consulate that processes nonimmigrant petition-based visas. Application can't be made from within the US. The applicant must intend to leave when his job is finished.

Eligibility

To be eligible for an E-3 visa:

• The Australian citizen must possess a bachelor's degree or higher (or its equivalent)
• The specialty occupation must require the theoretical and practical application of a body of specialized knowledge

It isn't enough that an E-3 applicant holds a particular degree; the job itself must also require a bachelor-level or higher qualification.

Job Offer from US Employer

There must be a job offer from a US employer before an application for an E-3 visa. The US Department of State requires an E-3 applicant to show the consular officer an approved, signed, attested ETA-9035 and evidence that he has a job offer for a specialty occupation paying the prevailing or actual wage. An E-3 visa doesn't allow self-employment or work as an independent contractor.

Admission Period

E-3 applicants are admitted for a two-year period renewable indefinitely, as long as the applicant can show he doesn't intend to remain or work permanently in the US.

Entry and Departure

An E-3 visa allows an Australian citizen to enter the US 10 days before the start of a job and remain in the US for 10 days after the job is finished.

Limited Number of E-3 visas

There is a maximum of 10,500 E-3 visas issued annually. The cap applies only to the principal E-3 visa holder. Extensions of E-3 visas aren't counted against the annual cap. Also, spouses and children of principal applicants don't count against the limit.

Change of Status

Visa status may be changed from E-3 to any other nonimmigrant status while in the US.

Spouses

Spouses of E-3 visa holders may work in the US without restrictions. E-3 spouses may apply for an Employment Authorization Document (Form I-765) through United States Citizen and Immigration Services (USCIS). You'll need a marriage certificate to qualify as a spouse.

Dependents

Dependents must make separate visa applications, which involves most of the same steps as the principal applicant's application. The process involves completing the required forms, paying the application fee and scheduling a visa interview with a US consular officer. However, children under 14 who are Australian citizens or permanent residents of Australia are usually not required to attend an interview.

Travel Outside the US

An E-3 visa is a multiple-entry visa, so as long as the employer or immigration status hasn't changed, the holder of an E-3 visa may travel outside the US and re-enter on that visa. There is no limit to how long one may stay outside the US or how many times one may travel outside the US during the validity of an E-3 visa.

Benefits of E-3 Visa

Unlike most other temporary employment visas, an E-3 visa sponsor, which is the US employer, doesn't need to submit a petition to the USCIS. Also, an E-3 visa is generally ready within a week of the applicant's interview at the US Consulate.

Questions for Your Attorney

• Can I travel outside the U.S. while on my E-3 visa?
• Can I change employers once I am in the U.S. and stay on the E-3 visa?
• Can I go to the US to find a job and then apply for the E-3 visa from there?
• I have a degree and have found a job in a related profession in the US. Do I qualify for the E-3 visa?

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