E3 Visa (Speciality Occupation for Australian Citizens)

The E3 (Australian Specialty Occupation Professional) Visa is a permit available to Australian nationals who work in a specialty occupation in the United States. “Specialty occupations” are defined as jobs that require a theoretical and practical application of a body of specialized knowledge. These occupations also require the attainment of a bachelor’s degree or higher (or its equivalent) in a specific specialty.

You must also hold a license for your occupation where appropriate. In some cases, you may be allowed to obtain this authorization while you wait for your E-3 Visa application to be processed.

The “Australian Specialty Occupation Professional” visa is available to Australian professionals. This means that eligible applicants must hold a university degree and have a genuine offer to work in the U.S. for a position that qualifies as a “specialty occupation”. In other words, applicants must meet the academic and occupational requirements to do the job.

In addition to these requirements applicants must also:

• Have received a legitimate offer of employment from a company in the United States
• Be qualified to cover a specialty role
• Intend to stay in the U.S. only until their authorized stay expires
• Have official permission to practice their occupation (If applicable)

In addition, the expected salary for a specialty occupation must fulfill the Labor Conditional Application conditions.

Once you have secured a legitimate offer of employment from the United States, you can then directly apply for an E-3 Visa by filing a DS-160 Form. Your employer does not need to submit a petition to the U.S. Citizenship and Immigration Services (USCIS) at the same time.

The U.S. Department of Labor will review your E-3 Visa application and will carry out a Labor Condition Application (LCA). This will help determine if your job meets the requested standards. You will also be asked to demonstrate that your salary will be in line with the U.S. prevailing wage.

Furthermore, your E-3 Visa application must include:

• The job offer letter from your U.S.-based employer
• Evidence of your academic or equivalent qualifications
• Proof that your stay in the U.S. is only temporary

After you have submitted your DS-160 Form online, you will be shown a confirmation page which you will need to print out as it will be needed later in the application process. After Form DS-160, the applicant will then need to schedule and attend a visa interview at the nearest U.S. Embassy or Consulate.

At this interview, the consular officer will ask you a series of questions regarding your application, work history and experience, and reasons for coming to the United States. This interview will help the consular officer determine if the educational and employment information that you provided is sufficient enough to qualify for an E-3 visa.

After this interview, a decision will be made regarding the approval of your E-3 visa. If approved, your permit will usually be released within 5 business days.

When applying for an E-3 visa, you will need to submit a portfolio of evidence at the visa interview to help strengthen your E-3 application. This may include the following documents:

• A valid Australian passport
• A photograph shot to U.S. Visa Photo standards
• Form DS-160 confirmation page
• Receipt of payment of visa fees
• The interview appointment letter
• The visa interview appointment letter
• A formal letter from the employer confirming an offer of employment (This letter should include a description of the job, its duties, and salary)
• Form ETA 9035 (Foreign Labor Certification). This proves that your employer is certified for an LCA
• Relevant documents regarding your education and work experience. This can include copies of degrees, professional certifications or licenses, reference letters from past employers, etc.
• Relevant documents proving that the applicant has ties to Australia and will leave the United States once their visa has expired. This can include property deeds, mortgages or leases, family ties, etc.

Any E3 Visa will be issued for an initial period of 2 years, but you can be granted an indefinite number of two-year extensions if needed. To apply for an E-3 Visa renewal, you must prove that your job offer in the U.S. is still valid.

It is important to remember that the E3 Visa is a non-immigrant permit. Therefore, you must intend to go back to your home country when the permit expires. It cannot be used to obtain permanent residence in the country.

If you are already in the U.S. under an E-3 Visa status and you change your employer, you can remain in the country. To do this, you must complete a new transfer process through the USCIS. The same applies if you want to change to a different category of visa.

After your employment has concluded, you are permitted to stay up to 10 more days in the United States before leaving.

The E-3 Visa is often viewed as the best preference for several workers from Australia. Unlike other work-based categories, the yearly permit quota of 10,500 for Australian citizens is less likely to be reached.

However, if you are a businessperson, you may be more interested in registering your business under the E-2 Visa scheme. Likewise, if you wish to seek permanent residence in the United States, you can follow the O1 Visa to Green Card path.

It is worth mentioning that these procedures are typically more complex than applying for the E-3 Visa scheme. If you need support in understanding which permit can be more beneficial for your case, our immigration experts can offer you their advice.