An E-3 visa (“Australian Specialty Occupation Professional”) is for an Australian national coming to U.S. to perform services in occupation requiring application of a body of knowledge in a professional field.
The E-3 may also be issued to an E-3 holder’s spouse and/or children under 21 years. See E3D visa.
Key Considerations for E3 Visa
The E3 Visa is specifically for Australian professionals. That means the job requires a university degree, and the applicant has a relevant university degree.
The E3 is a great visa. It is good in two-year increments, and allows the spouse of the E3 holder to get an Employment Authorization Document (EAD) to work in whatever profession they wish.
E3 Visa Requirements
There are a couple of important elements that go into the strategy of building an E3 visa application.
First, there must be an LCA. That is a Labor Condition Application that goes to the US Department of Labor to determine whether the job in question meets the Department’s standards. Turnaround is quick: usually 7-10 days.
The second important requirement is that the job must pay the prevailing wage for the County or State in which the job will be based.
- be a national of Australia
- have legitimate U.S. employment offer
- possess necessary academic or other qualifying credentials.
- fill a position that qualifies as a “specialty occupation.” This typically means:
- Application of a body of highly specialized knowledge, and
- Attainment of university degree or its equivalent in that specialty
Applying for Your E3 Visa
Provided the requirements are met, there are a couple of ways you can proceed:
- You can send your application to a US Consulate in Australia, which normally has a pretty quick turnaround.
- Or you can send it to USCIS in the United States. When approved, if the Australian national is in the US on another visa they may then transfer on to the E3 visa, or otherwise may return to Australia.
E3 Visa Additional Terms
Family members – includes spouses or children under 21 years. Nationality need not be the same. Spouses may be approved for work, but not children (when under E-3 status).
Period of stay – Up to two years per extension, with no maximum number of extensions (some exceptions)
Annual maximum – a maximum of 10,500 are issued annually. Family members do not count against this limitation
E3D Dependents Visa
In order to qualify for an E-3D visa, you must demonstrate to the U.S. consular officer that the relationship exists. Usually your application can be accomplished with a marriage certificate (for spouses) or a birth certificate (for dependent children).
Note that the United States does not recognize de facto relationships, so to qualify as a spouse you will need to provide a valid marriage certificate. You must also show that the principal applicant is the recipient of an E-3 visa.
Trust Velie Law With Your E3 Visa Application
If your E3 Visa Application (or E3R renewal/reissue) is important to you, here are four great reasons why you should speak to Velie Law Firm today.
- The care we put into all our applications gives us the highest success rates in the industry.
- Plus you get our “Success Guarantee” — if your first application is not successful, we’ll review and resubmit at no cost.
- You’ll deal directly with our in-house attorneys (no affiliates).
- Our services are flat-rate. You won’t pay one penny more!
* Our approval rate displayed is the average for calendar year 2014. Any result Velie Law Firm might have achieved on behalf of one client in one matter does not necessarily indicate similar results can be obtained for other clients.