E-3 Visas for Australian Nationals

The E-3 visa is for Australian nationals who wish to come to the U.S. to work on a temporary basis. Like other employment-based visas, you must have a job offer from a U.S. employer before you can apply for an E-3 visa. The visa allows you to bring along your spouse and minor, unmarried children -- even if they themselves are not Australian citizens.

There is an annual limit of 10,500 on the number of E-3 visas that may be given out. This number doesn't include spouses or children, nor E-3 extension applicants.

E-3 Visa Requirements

The following requirements must be met to qualify for an E-3 visa:

1. The employer must a United States employer.
2. You must prove you are an Australian national (not a permanent resident).
3. The occupation or position must be a "specialty occupation," meaning that it requires the theoretical and practical application of a body of specialized knowledge.
4. You must have at least a bachelor’s degree in a field related to the occupation and any required licenses or certificates (or if such licenses or certificates aren't available in Australia, can show that you will be able to obtain them after arriving).

In addition, you must not be "inadmissible" to the United States. For example, if you present a security, criminal, or health risk, you (and your family members) can be refused admission.

E-3 Visa Application Process

First, you must find a job. You might want to travel to the U.S. on the Visa Waiver Program (VWP) to interview or to talk to potential employers. However, if you succeed in finding a job, you will need to leave the U.S. before applying for your E-3 visa.

The next step will be for your U.S. employer to submit a Labor Condition Application (LCA) on your behalf, to demonstrate that you will be paid at least the prevailing wage for that type of job in your area.

Once the LCA is approved, you can make an appointment at a U.S. consulates, preferably in Australia, to apply for your visa. Check the website of your nearest consulate for instructions.  You can also apply at a U.S. embassy or consulate outside Australia, but it may not be familiar with the E-3 visa or with Australian education institutions. In that case, proving your eligibility may be more difficult.

E-3 Visa Fees and Costs

You will be asked to pay a visa application fee before you arrive at your visa interview. The latest amount can be found on the "Fees for Visa Services" page of the State Department website.

E-3 Visa Documents Needed

After your employer has received a Form I-797 notice approving the visa petition and forwarded it to you, you will next need to fill out the Electronic Visa Application Form DS-160 online, at http://ceac.state.gov/genniv/. Then book an interview at a U.S. consulate in Australia. You'll need to take the approval notice and DS-160 receipt along with the following:

• Current passports (for yourself and any accompanying family members).
• A passport-style photo for you and every family member.
• Evidence that you truly mean to stay in the United States only temporarily -- namely evidence of your ties to Australia, such as copies of a home mortgage or birth certificates of children you're leaving behind.
• A job offer letter from the employer.
• Diplomas, transcripts, and professional certificates or licenses proving you meet the job requirements.
• Description of the job and the qualifications required to perform it.

E-3 Visa Benefits and Limitations

The E-3 allows you an initial stay of up to two years, with extensions of two years at a time. Your spouse can apply for a U.S. work permit (using USCIS Form I-765), but not your children.

Help From a U.S. Immigration Lawyer

Some employers will be able to help you with your E-3 visa application process if they regularly hire employees from Australia. If your employer does not regularly hire from Australia, you should consult an experienced immigration attorney to help you through the application process and help assess which visa category is most appropriate for your employment purposes.