E-3 Visa: Australians

The E-3 Visa is a temporary visa for Australian professionals who wish to work in the US. One of the E-3’s major advantages is the ability to obtain an E-3 visa directly from a US consulate without first obtaining an approval from USCIS. This can make the E-3 a much quicker, less expensive option for qualified Australians. A disadvantage is that an E-3 holder must have the intent to leave the US at the conclusion of their authorized stay in the US.

E-3 Visa: Basic Requirements

E-3 requirements mirror those of the H-1B visa. However, US government fees are far lower and processing more streamlined than the H-1B and other categories. E-3 candidates may file directly at a US consulate abroad instead of USCIS.

The E-3 category requires the following:

• A job offer from a US employer.
• Salary offer at or above the prevailing wage (average wage for the job’s geographical region).
• Must have at least the equivalent of US bachelor’s degree in a field related to the job offered.
• The job offered must require a US bachelor’s degree or equivalent in a particular field of expertise.
• E-3 applicants are not required to maintain a residence in Australia or outside of the US. But they must show ties to Australia or another country. They must also demonstrate an intent to return to Australia or another country outside the US once their E-3 work has finished.
• The annual E-3 quota is 10,500 new visas per US Government fiscal year. This applies only to principal applicants, not to their spouses or children.
• Sponsoring employers must obtain a certified Labor Condition Application (LCA) from DOL to submit with their E-3 application.
• Employers must be careful to attend to various DOL and USCIS compliance requirements.

E-3 Dependents

E-3 visa holders may apply for visas for a dependent spouse and children. These E-3 dependents may work in the US. As of November 12, 2021, USCIS considers certain E-3 nonimmigrant dependent spouses employment authorized incident to status. See USCIS Policy Manual.