E-3 Visa
Roadmap
Specialty Occupation Visas for Australian Professionals
The E-3 visa is a unique classification available exclusively to Australian citizens coming to the United States to fill specialty occupation positions. This guide covers eligibility requirements, the Labor Condition Application process, required documentation, admission periods, family benefits, and strategic filing considerations to help you navigate the E-3 process with confidence.
Overview
The E-3 classification provides a dedicated pathway for Australian professionals to work in the United States in specialty occupation roles, with requirements similar to the H-1B but with distinct advantages.
What Is the E-3 Visa?
The E-3 classification is based on a treaty between the United States and Australia and is available only to citizens of Australia coming temporarily to the United States to fill a U.S. employer's "specialty occupation" position. A specialty occupation position requires the employee to hold at least a bachelor's degree or its equivalent and to apply specialized knowledge to perform the duties and responsibilities of the position.
In this regard, the criteria for obtaining E-3 status are very similar to those for the H-1B classification, except for fashion models of distinguished merit and ability, to whom E-3 status is not available.
Annual Cap Is Never Reached
There is a numerical limit of 10,500 E-3 slots per year. However, this annual cap is never reached, meaning that—unlike in the H-1B category—no otherwise qualified E-3 applicant should expect to be denied simply because the annual quota has been met.
E-3 Requirements
Both the applicant and the sponsoring U.S. employer must satisfy several basic requirements to qualify for E-3 status.
Eligibility Requirements
Basic E-3 Requirements
- The applicant must be a citizen or national of Australia.
- The U.S. employer must be extending the applicant a temporary job offer for a specialty occupation position that requires at least a bachelor's degree or its equivalent.
- The applicant must have the necessary credentials: a minimum of a bachelor's degree in the field of the specialty occupation, or verifiable and recognized education, experience, or training equivalent to a bachelor's degree or higher, along with a relevant history of increasingly responsible positions.
- If the specialty occupation requires a license, the applicant must either have such a license or demonstrate that he or she will obtain one within a reasonable period of time after entering the U.S.
- The U.S. employer must obtain a certified Labor Condition Application (LCA) from the Department of Labor (DOL) before the applicant can obtain an E-3 visa or apply for an extension or change of status.
- The applicant must intend to depart the U.S. once his or her E-3 status terminates.
Experience Equivalency
As a rule of thumb, three years of relevant work experience is considered the equivalent of one year of university education. This means applicants without a formal bachelor's degree may still qualify if they can demonstrate equivalent education, training, and progressively responsible experience in the specialty occupation field.
FEIN Verification & the LCA Process
Before an E-3 application can move forward, the sponsoring employer must complete the FEIN verification process (if applicable) and obtain a certified Labor Condition Application from the Department of Labor.
Federal Identification Number (FEIN) Verification
Employers who have never filed an H-1B or E-3 petition must ensure that their federal employer identification number (FEIN) is registered and verified. This process includes providing the organization's SS-4 letter, on which the IRS assigned their FEIN, to the DOL. This allows the DOL to confirm the FEIN belongs to the company and enter the information into DOL systems.
In place of the SS-4 letter, employers may submit at least two documents from third parties showing the employer's FEIN. These documents may include a tax return, IRS Form 941, a bank letter, or a state employment record. Once requested, the FEIN registration takes three to five business days to complete.
The Labor Condition Application (LCA) Process
The U.S. employer must certify to the DOL that, in hiring the Australian specialty occupation worker, it will protect similarly employed U.S. workers in the same geographic area. To this end, the employer electronically files Form 9035, also known as a Labor Condition Application (LCA), with the DOL. The LCA is typically certified and returned in five to seven business days.
LCA Certifications
By filing the LCA, the employer certifies the following:
- The employer is paying the higher of either the wages it pays its own similarly employed workers or 100 percent of the wages paid to similar workers employed in the same geographic region.
- The working conditions of U.S. workers employed at the employment site are not adversely affected by the hiring of the Australian professional.
- There is no strike or lockout at the worksite nor in the occupation for which the Australian professional is sought.
- The employer has given notice to current employees that it is seeking to hire an E-3 professional. This is done by posting a notice in two conspicuous places for 10 consecutive business days or by providing communication to the designated collective bargaining representative if applicable. The employer may also qualify for electronic notification in certain cases.
Public Access File & Compliance
The employer must maintain a file that is open to the public—the "Public Access File" (PAF)—and follow through on the certifications filed with the DOL. Noncompliance can result in the employer being required to pay back wages and/or the imposition of civil monetary penalties.
Important Note
An otherwise valid LCA that was approved based on an H-1B job offer cannot be used for an E-3 application. The LCA must be specified for "E-3 Australia."
Required Documentation
E-3 applicants must compile a thorough documentation package. The specific requirements vary depending on whether the application is filed at a U.S. consulate abroad or with USCIS from inside the United States.
Documentation for All E-3 Applicants
Whether filing through a U.S. consulate abroad or with U.S. Citizenship and Immigration Services (USCIS) from inside the United States, all applicants for E-3 status must provide the following documentation:
- A certified and signed Form 9035 LCA specified for "E-3 Australia."
- A letter from the prospective U.S. employer with a detailed description of the position offered, including job title, specific job duties and responsibilities, and salary.
- Evidence that the position qualifies as a specialty occupation.
- Information about the U.S. company, such as corporate tax returns, financials, and company brochures or website excerpts.
- Certified copies of the applicant's educational credentials, including transcripts, degree certificates, and education evaluations (where applicable).
- The applicant's resume and proof of any relevant job experience.
- A certified copy of any required professional license or permit, or evidence that such license or permit will be obtained within a reasonable period after entering the U.S. (where applicable).
- Evidence of any previously approved U.S. nonimmigrant petitions or visas issued.
Additional Documents for Consular Filing
E-3 visa applications submitted at a U.S. consulate abroad (the recommended option) also require:
- A passport that is valid for at least six months beyond the intended period of stay in the U.S.
- A printout of the barcode page of Form DS-160, Online Nonimmigrant Visa Application.
- Proof of payment of the machine-readable visa (MRV) fee.
- Any other documentation listed by the U.S. consulate abroad.
Additional Documents for USCIS Filing (Extension or Change of Status)
Applications for extension of E-3 status or for change of status filed with USCIS from inside the U.S. also require:
- A copy of the passport biographical page and any passport pages with visa stamps.
- Form I-129, Petition for a Nonimmigrant Worker, completed and signed by the prospective employer.
- Check covering the I-129 government processing fee.
- Evidence of maintenance of status, such as recent pay statements, W-2, I-94 record with travel history, and any previous I-797 Approval Notices.
Admission & Family Members
E-3 status offers generous admission periods with the possibility of indefinite extensions, and provides valuable benefits for accompanying family members.
Period of Admission
An initial stay is granted for two years, which corresponds to the validity period of the LCA. After that, E-3 status can be extended indefinitely in two-year increments, for as long as there is a valid LCA and all other requirements continue to be met.
Family Members
The E-3 applicant's spouse and unmarried children under the age of 21 are eligible to apply for spousal E-3S or dependent E-3Y status to accompany or join the E-3 principal in the United States. Importantly, the E-3 principal's dependents do not have to be citizens or nationals of Australia.
Family Member Benefits
- E-3 spouses and children may attend school part-time or full-time.
- E-3 spouses are automatically authorized to work incident to their status—no separate work permit is required.
- Any valid I-94 Arrival/Departure Record is considered proof of work authorization for E-3 spouses.
- Dependents do not need to be Australian citizens or nationals.
Strategies & Options
Understanding key strategic considerations can help E-3 applicants make informed decisions about how and where to file their applications.
Nonimmigrant Intent
E-3 status is temporary in nature, meaning the applicant must intend to leave the United States upon termination of E-3 status. This intent can be evidenced by a clear written statement to that effect. However, an E-3 applicant does not have to maintain a residence abroad and can move his or her entire household to the U.S.
Consular Filing vs. USCIS Filing
Filing an I-129 petition with USCIS for an extension or change of status to E-3 from within the U.S. may be a good option in some cases. However, some disadvantages include higher filing costs and the remaining need to apply for an E-3 visa in case of later foreign travel. Therefore, applying for an E-3 visa at a U.S. consulate abroad is generally the recommended approach.
Choosing the Right Consulate
While many U.S. consulates around the world will accept applications for E-3 visas, some may have less experience with the E-3 category, its eligibility requirements, and the Australian system of higher education than the consular posts in Sydney, Perth, and Melbourne. Filing at an Australian consulate is generally advisable.
Consular Filing vs. USCIS Filing
| Factor | Consular Filing (Recommended) | USCIS Filing (Inside U.S.) |
|---|---|---|
| Filing Costs | Lower (MRV fee only) | Higher (I-129 filing fee) |
| Travel Visa | Visa stamp issued at consulate | Separate visa application needed for future travel |
| Best For | Initial applications and applicants abroad | Extensions or changes of status while in the U.S. |
| Recommended Consulates | Sydney, Perth, Melbourne | N/A |
Legal & Policy Sources
- INA § 101(a)(15)(E)
- 20 C.F.R. § 655.700
- 20 C.F.R. § 655.730
- Vol. 9, Foreign Affairs Manual § 402.9
- USCIS.gov, E-3 Specialty Occupation Workers from Australia
- Travel.State.gov, Treaty Trader & Investor Visas and Visas for Australians in Specialty Occupations
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