The E-3 Visa classification is available to Australian nationals who will perform professional “specialty occupation” assignment in the United States. The job offer must be in a specialty occupation requiring at least a U.S. Bachelor’s degree or its foreign equivalent, and the alien worker must qualify to accept the offered job.
E-3 Visa Requirements
An Australian national seeking admission to the United States on E-3, must meet the following criteria to qualify:
- Be a national of Australia
- Have a legitimate offer of employment in the United States
- Possess the necessary academic or other qualifying credentials
- Will be filling a position that qualifies as a specialty occupation
Labor Condition Application
The prospective employer must obtain a certification of a Labor Condition Application (LCA) from the DOL. This application includes certain attestations, a violation of which can result in fines, bars on sponsoring nonimmigrant or immigrant petitions, and other sanctions to the employer.
The employer must attest:
- They will pay the beneficiary a wage which is no less than the wage paid to similarly qualified workers or, if greater, the prevailing wage for your position in the geographic area in which you will be working.
- They will provide working conditions that will not adversely affect other similarly employed workers. At the time of the labor condition application there is no strike or lockout at the employer place of business. Notice of the filing of the labor condition application with the DOL has been given to the union bargaining representative or has been posted at the place of business.
Period of Stay
E-3 nonimmigrants will be allowed a maximum initial stay of two years. Extensions may be granted in increments of two years. No maximum limit in E-3 status exists with limited exceptions.
Dependent Spouses and Children of E-3 nonimmigrants may qualify for E-3 dependent status.
Spouses of E-3 nonimmigrants are work authorized through the filing of the Application for Employment Authorization. If granted, no restrictions apply as to where they may work.