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E-3 Visa for Certain Australian Professionals

Are you an Australian citizen interested in a job in the U.S.? Alcorn Immigration Law can help.

The E-3 visa allows Australian nationals to live and work in the U.S. at a job that requires specialized theoretical or practical knowledge. An E-3 visa holder’s spouse and unmarried children under 21 years old are also entitled to an E-3 visa. Spouses are also eligible for a work permit.

 

Eligibility Requirements

To qualify for an E-3, a candidate must:

  • Be a national of Australia.
  • Have a job offer in the U.S. that qualifies as a specialty occupation.
  • Have at least a bachelor’s degree or equivalent.

 

Application Process

Australian nationals currently living in the U.S. may apply for an E-3 visa by submitting:

  • A Petition for Nonimmigrant Worker (Form I-129) to U.S. Citizenship and Immigration Services (USCIS).
  • A Labor Condition Application (LCA) filed by the employer using U.S. Department of Labor Form ETA 9035.
  • A copy of academic or other credentials demonstrating qualifications for the job.  
  • A copy of the job offer and documentation showing the position requires specialized knowledge or skills and the pay is higher than the prevailing wage.
  • Proof of any necessary license or other permit required for the specialty job.

If currently living outside the U.S., USCIS will send a Notice of Action/Approval (Form I-797) to the employer after Form I-129 is approved. The employer should forward Form I-797 to the petitioner, who should then apply for a U.S. visa at a U.S. embassy or consulate.

 

Employment Change

An E-3 visa holder must file for a new E-3 visa if she/he changes employers. The gap between the end and start of the jobs must be only 10 days or less. The applicant must go through the same application process above.

 

We Can Help

At Alcorn Immigration Law, we help individuals and their families find the best solution to legally come to the U.S., whether temporarily or permanently, to pursue their dreams. If you have any questions, contact us.

MORE INFORMATION

Form I-129 filing fee: $460

Form I-129 (Petition for Nonimmigrant Worker)

Form I-797 (Notice of Action/Approval) if petitioner is currently living outside of the U.S.

  1. File Form I-129 to USCIS with supporting documentation.
  2. Employer files Labor Condition Application to U.S. Department of Labor.
  3. If living outside the U.S., petitioner should apply for a U.S. visa at a U.S. embassy or consulate once employer forwards Form I-797.

None. At the airport, border, or other port of entry, you will need to satisfy the U.S. government officer that you have a residence in your home country and do not intend to abandon it. You must demonstrate that you are a nonimmigrant—that your visit to the U.S. will end after a specific amount of time

Australian Citizens with Specialized Knowledge

Initial petition: 2 years

Extensions: Unlimited 2 years extensions as long as the conditions under which the visa was granted remain valid.

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