What is an E3 Visa?

The E-3 Visa classification applies to Australian citizens who wish to reside in the U.S. to work in a specialty occupation. This includes companies that operate in IT, international business, healthcare, and academic research.

The USCIS has established a cap of 10,500 E3 visa applications that can be processed every year.  Since this permit is dedicated only to nationals from Australia, your chances to get your visa may be higher than other petitions.

How can IAS help with your E3 Visa application?

The E3 Visa is usually considered an easy path for entering the U.S.

However, the E3 Visa requirements are not set in stone. Currently, there is no exhaustive list of specialty occupations that are eligible for this permit. Consequently, this definition is often open to interpretation.

Seeking legal advice can be the best option before submitting your petition. One of our advisors will review if you meet the visa criteria and build a successful portfolio. This will support your professional background and maximize your chances to get your visa.

At IAS, you will find a team of experienced immigration lawyers. We will assess your eligibility and advice on your best options to enter the country.

Get in touch today on +1844 290 6312 to find out more about the right path to follow to get your E3 Visa.

FAQs

What are the E-3 Visa requirements?

To qualify for an E-3 Visa, you must be an Australian citizen. You must also:

  • Have received an offer of employment from a company in the U.S.;
  • Be qualified to cover a specialty role;
  • Intend to stay in the U.S. only until your authorized stay expires;
  • Have official permission to practise your occupation (If applicable);

Furthermore, your expected salary must fulfill the Labour Conditional Application conditions.

How to apply for an E-3 Visa?

You can directly apply for an E-3 Visa by filing a DS-160 Form. At the same time, your employer does not need to submit a petition to the USCIS.

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

Your permit will usually be released within 5 business days. However, if you applied outside Australia, the E3 Visa processing time can take longer.

How long does the E-3 Visa last?

Any E3 Visa is 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. Moreover,

You must not forget that the E3 Visa is a non-immigrant permit. You must intend to go back to your home country when the permit expires, and 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 this end, 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 the conclusion of your employment, you may stay up to 10 more days in the U.S.

What is a “speciality occupation”?

The E3 Australian Specialty Occupation Professional is a permit available to specialized workers. “Specialty occupations” are theoretical and practical jobs that require specialized knowledge. The application of a highly skilled workforce with a higher degree is one of the minimum E3 Visa requirements.

You must also hold a license for your occupation, if appropriate. In some cases, you may be allowed to obtain this authorization while you wait for your E3 Visa application to be processed.

If you are in a specialty occupation but you are not an Australian national, you may follow a different immigration path. For example, workers from Canada or Mexico may be eligible for a NAFTA Work Visa.

 

Why is the E-3 Visa the suggested path for Australian citizens?

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 U.S., 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 lawyer can offer you their advice.

 

What immigration service does IAS offer?

Our team can provide you with the best immigration guidance. Your lawyer will follow your application from start to end. Your advisor will:

  • Prepare a complete portfolio that outlines your work history, education, and training;
  • Check if you hold the necessary qualifications to perform your duties;
  • Help you with your LCA;
  • Liaise with you, your employer and the USCIS;
  • Support your relative to join you in the U.S.

Get in touch today to take your first step in your E-3 Visa application. Call us on +1844 290 6312 or use our online contact form to arrange your first meeting with one of our experts.

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