Immigration Services

Immigration Services

Temporary Work Visas

E-3 Specialty Occupation Nonimmigrant Visa for Australian Nationals

The E-3 visa category applies to Australian nationals only, as well as their spouses and children. Note, however, that spouses and children of E-3 visa holders do not need to be Australian citizens.

In order to qualify in the E-3 visa category, the beneficiary must have earned a Bachelor's degree or equivalent in a specific specialty (e.g., Biology, Computer Engineering, Mathematics, etc.), and the position for which the beneficiary's services are sought must ordinarily require at least a Bachelor's degree in specialized fields.

Under USCIS regulations, a "specialty occupation" is
  • . . . an occupation that requires theoretical and practical application of a body of 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.
Additionally, every E-3 petition or application must be accompanied by a certified Labor Condition Application (LCA), which, among others, confirms the employer's obligation to pay the required wages to E-3 visa holders.

E-3 visas can be granted for an initial period of up to two (2) years and can be extended indefinitely in two-year increments. The E-3 is an "employer-specific" visa, which allows the beneficiary to work only for the sponsoring employer. The beneficiary may change employers by having a new employer file an E-3 transfer petition with USCIS or by applying for a new E-3 visa at a U.S. Consulate or Embassy abroad.

Spouses and children of E-3 visa holders, who are classified as E-3D "dependents", are entitled to work in the United States and may apply for an Employment Authorization Document.

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