The E-3 visa is work visa for professional workers who are Australian nationals. These workers are similar to the big “sister” – the H-1B, with many similarities and some differences discussed below . There are 10,500 E-3 visas permitted each fiscal year, and there is never an issue with the cap being reached.
Similarities of E-3 Visa with an H-1B Visa
- A US employer must sponsor someone who it wants to work in the US and as such, must submit and sign a Labor Condition Application (LCA) determined by the Department of Labor (DOL). The LCA, ETA-9035, contains basic information about the proposed employment. It also included four attestations or promises that the employer must make. The employer documents compliance with the LCA requirements in a “public access file.”
- The position to be filled is a “specialty occupation,” e., an occupation requiring application of specialized knowledge, and for which attainment of a U.S. bachelor’s degree or higher is a minimum requirement for entry into the occupation;
- The foreign national must possess a U.S. bachelor’s degree (or equivalent in work experience/education) or higher in the specialized field.
Differences of E-3 Visa with an H-1B Visa
- There is no required Petition process. An applicant can apply directly at the US Embassy after obtaining the Labor Condition Application
- There is no requirement that the US employer pay all fees related to the E-3
- There is no training fee or fraud fee to be paid
- There is no ability to premium process or expedite an application if one so chooses to file in the United States
- There is no cap or limit on how many years one can in E-3 status
Employees Already in E-3 Status
If the applicant is requesting a change of employer for an individual already in E classification, the employee may ONLY begin working for the new employer upon approval of the new employer’s E application being approved.
Employees in US in Other Status
When requesting a change of status from another non-immigrant classification, the company can employ the alien in E-3 classification once the application is approved. If the alien is outside the U.S., he or she will need to obtain an E-3 visa stamp at a U.S. embassy or consular post abroad in order to enter the United States and then begin working.
Duration of E-3 Visa
E-3 status is always valid for two years and can be renewed indefinitely. Family members also can obtain an E-3 visa but there is no work authorization for an E-3 spouse.
For assistance with an E-3 visa for an Australian national or citizen, please call us directly at 303-322-2117.