E-3 Visa
E-3 Visa is a type of nonimmigrant worker visa that requires a specialty occupation. It is almost identical to H1-B, Specialty Occupation Visa, except that E-3 is specifically designated for citizens of Australia.
Eligibility Requirements:
- The applicant must be a national of Australia
- Applicant must have a valid job offer from a U.S. Employer,
- The offered position must be a specialty occupation
- The applicant must meet the necessary academic qualifying criteria (at least a bachelor's or higher degree)
Family Members:
Spouses and unmarried children (under the age of 21) of E-3 Visa holders can apply for E-3 (Dependent Visa) as well for the duration of the E-3 visa.
FAQ:
The initial period of stay can be a maximum of two years.
Yes! Visa extensions depend on the extensions granted on the Labor Certification Application (LCA) form, but cannot exceed a maximum of two years. Fortunately, there is no limit to the number of extensions you can be granted.
Your spouse can be permitted to work if authorized after filing Form I-765, Application for Employment Authorization
Yes. The cap currently stands at 10.500 per year. However, the cap usually is not reached.
No. This means that applying permanent residency (Green Card) application would be a bar to apply or extend existing E-3 visa.
Yes. For this, your new employer must file a new Labor Certification Application (LCA) on your behalf together with Form I-129, Petition for Nonimmigrant Worker.
No. You have to be a citizen of Australia to be eligible for an E-3 Visa.
Yes. There is no limit to the number of times you can leave the U.S. while on an E-3 visa.
Yes. Each year of a bachelor’s degree would be compensated by three years of work experience in your field of expertise. This means that 12 years of work experience would enable you to be eligible for an E-3 visa even if you do not have a bachelor’s or higher degree.
A specialty occupation is broadly defined as works that require specialized knowledge and its professional implementation obtained through academic studies and practical experiences.
In addition to the requirement that you must have a bachelor’s or a higher degree, a specialty occupation must also require complex work criteria that can only be met with a bachelor’s or a higher degree, or its equivalent work experience. This means that having a bachelor’s or higher degree is not sufficient, but your bachelor’s or higher degree must also relate to the work position you are offered in the United States. For more information on the eligible occupations, please see H-1B Specialty Occupations.
