E-3 Visa Lawyer NYC

What is the E-3 Specialty Occupation Visa?

The E-3 visa is a unique nonimmigrant visa category exclusively for Australian nationals who wish to work in specialty occupations in the United States. Similar to the H-1B visa, the E-3 visa allows highly skilled professionals to live and work in the U.S. for a U.S. employer. The E-3 visa is valid for two years and can be renewed indefinitely, making it a flexible and attractive option for Australians seeking long-term career opportunities in America.

Spouses and children under 21 can also obtain E-3 status, with spouses eligible for work authorization and children able to attend school in the U.S.

E-3 Visa Requirements

• Australian Citizenship: The applicant must be a citizen of Australia.
• Specialty Occupation: The job must require theoretical and practical application of specialized knowledge and at least a bachelor’s degree or its equivalent.
• Job Offer: The applicant must have a legitimate job offer from a U.S. employer willing to sponsor the E-3 visa.
• Qualifications: The applicant must possess the necessary academic or professional credentials (U.S. bachelor’s degree or foreign equivalent).
• Labor Condition Application (LCA): The employer must obtain an approved LCA from the U.S. Department of Labor.
• Nonimmigrant Intent: The applicant must intend to depart the U.S. upon expiration of E-3 status.

What is a Specialty Occupation?

A specialty occupation is a position that requires specialized knowledge and at least a bachelor’s degree or higher in a specific field. Examples include:

• Information Technology and Computer Science
• Engineering
• Finance and Accounting
• Healthcare and Medical Professions
• Education
• Architecture
• Business and Management
• Legal and Scientific Professions

The position must require a degree as a minimum entry requirement, and the employer must typically require a degree for the role.

E-3 Visa Benefits

• Exclusive to Australians: Only Australian citizens are eligible, reducing competition and wait times.
• Renewable Status: E-3 visas are valid for two years and can be renewed indefinitely as long as employment continues.
• Spousal Work Authorization: Spouses can apply for work authorization and work anywhere in the U.S.
• Children’s Education: Children can attend school or college in the U.S. without changing status.
• Travel Flexibility: E-3 visa holders can travel freely in and out of the U.S. during their stay.
• Lower Government Fees: E-3 visa application fees are generally lower than H-1B fees.
• No Lottery: Unlike the H-1B, there is no lottery system for the E-3 visa.

E-3 Visa Application Process

1. Obtain a Job Offer: Secure a job offer from a U.S. employer in a specialty occupation.
2. Labor Condition Application (LCA): The employer files an LCA with the Department of Labor and receives approval.
3. Gather Documentation: Collect evidence of Australian citizenship, academic credentials, job offer, and LCA approval.
4. Apply for the E-3 Visa: Submit Form DS-160 and schedule a visa interview at a U.S. consulate or embassy (if outside the U.S.), or file Form I-129 (if changing status within the U.S.).
5. Attend Interview: Attend the visa interview and present all supporting documents.
6. Receive E-3 Visa: Upon approval, begin employment in the U.S. and renew status as needed.