The E-3 visa is a U.S. work visa exclusively for Australian citizens, allowing them to work in specialty occupations in the United States. This visa is similar to the H-1B visa but offers unique benefits like fewer restrictions and a higher chance of approval.
Specialty occupations are jobs that require specialized knowledge, often with at least a bachelor’s degree. Common examples include roles in IT, engineering, healthcare, and finance.
Who Can Apply for the E-3 Visa?
To qualify for the E-3 visa, you must:
- Be an Australian citizen
- Have a job offer from a U.S. employer for a specialty occupation
- Hold a relevant bachelor’s degree or have equivalent work experience
- Meet any state licensing requirements if your job needs it
The E-3 visa also extends to the spouse and dependent children (under 21) of the visa holder, who can join the primary applicant with an E-3D visa.
How Much Does the E-3 Visa Cost?
The application fee for the E-3 visa is $315. This fee does not include any additional attorney fees or consulate fees, which can vary. Unlike the H-1B visa, the E-3 is not subject to a lottery or cap, meaning more Australians can apply without worrying about being selected.
What is the Processing Time for the E-3 Visa?
The processing time for the E-3 visa can vary depending on the case. For some applicants, it may take as little as 5-7 days, while others may wait 1-3 months.
If you need faster processing, you can opt for premium processing for a fee of $2,500. This service speeds up processing to 15 calendar days.
How to Apply for the E-3 Visa: A Step-by-Step Guide
Get a Job Offer
Secure a job offer from a U.S. employer in a specialty occupation.
Obtain a Certified Labor Condition Application (LCA)
Your employer must file an LCA with the U.S. Department of Labor, which confirms they will pay you the prevailing wage for your occupation.
Prepare Your Documents
Collect your job offer letter, educational qualifications (or proof of equivalent work experience), and any required state licenses.
Schedule a Visa Appointment
Complete Form DS-160 (Nonimmigrant Visa Application) and schedule a visa appointment at a U.S. embassy or consulate.
Attend the Visa Interview
Attend the interview with your documents, including proof of Australian citizenship, your certified LCA, and a job offer letter.
Receive Your Visa
If approved, your E-3 visa will be placed in your passport, allowing you to travel to the U.S. and start working.
What Happens After You Get Your E-3 Visa as Australians?
Once in the U.S., you can work for the employer who sponsored your E-3 visa. The visa is valid for up to 2 years and can be renewed indefinitely, as long as you continue to meet the qualifications. Your spouse can apply for work authorization and work in the U.S. without restrictions.
Common Mistakes to Avoid
- Incorrect or incomplete LCA: Ensure your employer files the LCA accurately to avoid delays.
- Not meeting educational or experience requirements: Double-check that your qualifications match the specialty occupation requirements.
- Failing to maintain legal status: Always renew your visa before it expires and update your employment details when needed.
E-3 Visa FAQs
Can I apply for permanent residency (green card) while on an E-3 visa?
Yes, you can apply for a green card, though the process can be more complex compared to other work visas.
Can my spouse work in the U.S.?
Yes, spouses of E-3 visa holders can apply for work authorization by submitting Form I-765.
Is the E-3 visa subject to a cap or lottery?
No, the E-3 visa is not subject to a cap or lottery, unlike the H-1B visa.
Can I change employers while on an E-3 visa?
Yes, but your new employer must file a new Labor Condition Application (LCA), and you must apply for a new E-3 visa at a U.S. consulate or change your status from within the U.S.
Can I travel outside the U.S. on an E-3 visa?
Yes, you can travel outside the U.S. and return as long as your visa is valid. If your E-3 visa expires while you’re abroad, you’ll need to apply for a new one before returning.
How long can I stay in the U.S. after my job ends?
You’re allowed a 60-day grace period after your employment ends to find a new job, change your visa status, or leave the U.S.
Is there a minimum salary requirement for the E-3 visa?
Yes, your employer must pay you the prevailing wage for your occupation in the area where you’ll be working, as indicated in the Labor Condition Application.
How long can I stay in the U.S. with an E-3 visa?
Australian citizens can stay in the U.S. with an E-3 visa for an initial period of up to two years, with the possibility of indefinite extensions. Key details include:
Duration Details:
- Initial entry period: Up to two years
- Extension increments: Two-year periods
- No maximum total length of stay
- Visa remains temporary in nature
Important Conditions:
- Must maintain non-immigrant intent
- Must plan to depart the U.S. upon status expiration
- Requires continued employment in a specialty occupation
- The employer must maintain a valid Labor Condition Application (LCA)
Renewal Process:
- Can be renewed indefinitely
- Must prove continued temporary employment
- Each extension requires employer sponsorship
- New I-94 issued with each extension
With the E-3 visa, Australians can seize career opportunities in the U.S. with a simpler and more streamlined process compared to other work visas.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel straightforward and successful. Whether you’re applying for an L-1 Visa or a TN Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas have a strong record of helping clients secure the visas/permits they need for International travel. You can call us today at +234 812 5505 986 to learn how we can help you.
