E-3 visa

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The E-3 visa is a nonimmigrant visa specifically for Australian nationals who wish to work in the United States in a specialty occupation. This visa category was established by the United States as part of the Australia-United States Free Trade Agreement (AUSFTA). Here are the key features and requirements of the E-3 visa:

Key Features of the E-3 Visa:

  1. Nationality Requirement:
    • The applicant must be a citizen of Australia. Permanent residents of Australia are not eligible.
  2. Specialty Occupation:
    • The job must qualify as a specialty occupation, which requires theoretical and practical application of a body of highly specialized knowledge. The position requires a bachelor’s degree or higher in a specific field of study relevant to the job.
  3. Educational Requirement:
    • The applicant must have the necessary academic or other qualifying credentials. A bachelor’s degree or higher in a related field is required.
  4. Job Offer from a U.S. Employer:
    • The applicant must have a legitimate job offer from a U.S. employer for a position that qualifies as a specialty occupation.
  5. Labor Condition Application (LCA):
    • The U.S. employer must file a Labor Condition Application (LCA) with the U.S. Department of Labor (DOL) and receive certification. The LCA attests that the employer will pay the prevailing wage for the position and that the working conditions will not adversely affect other workers.

Application Process:

  1. File the LCA:
    • The U.S. employer files an LCA with the DOL. Once approved, the LCA is used to support the E-3 visa application.
  2. Apply for the Visa:
    • The applicant applies for the E-3 visa at a U.S. Consulate or Embassy in Australia. They will need to complete the necessary forms, including the DS-160 nonimmigrant visa application form, and schedule an interview.
  3. Visa Interview:
    • During the visa interview, the applicant must present the approved LCA, a job offer letter from the U.S. employer, proof of academic qualifications, and other supporting documents. The consular officer will determine if the applicant meets all the requirements for the E-3 visa.
  4. Visa Issuance and Entry:
    • If the E-3 visa is approved, the applicant will receive a visa stamp in their passport and may then enter the United States to begin employment.

Validity and Extensions:

  • Initial Period of Stay:
    • The E-3 visa is typically granted for an initial period of up to two years.
  • Extensions:
    • Extensions can be granted in two-year increments, and there is no maximum number of extensions, provided the individual continues to meet the visa requirements.

Benefits of the E-3 Visa:

  • Work Authorization:
    • The visa holder is authorized to work for the U.S. employer who sponsored their visa.
  • Spouse and Children:
    • Spouses and unmarried children under 21 of E-3 visa holders may accompany them to the U.S. under the E-3D (dependent) visa. Spouses in valid E-3 or E-3S status are considered employment authorized incident to status. Children may not work.

Typical Candidates for E-3 Visa:

  • Australian Nationals:
    • Citizens of Australia seeking to work in a specialty occupation in the U.S.
  • Specialized Professionals:
    • Professionals in fields such as IT, engineering, finance, healthcare, education, and other industries that require specialized knowledge.

The E-3 visa is an attractive option for Australian professionals looking to work in the United States due to its relatively straightforward application process, the ability to bring family members, and the lack of an annual cap that frequently limits other visa categories.