General

The E-3 is a non-immigrant category established exclusively for Australians.  The E-3 is a non-immigrant category that is identical to the H-1B, except it is exclusively for Australians. 
The E-3 visa permits Australian nationals to enter the United States to work for a “speciality occupation” as defined by the federal regulations.

Speciality Occupation

In general, a specialty occupation is one that requires the theoretical and practical application of a body of knowledge in a professional field and the attainment of at least a four-year bachelor’s degree, or its equivalent.

E-3 Cap

Each fiscal year, 10,500 new E-3 visas are available for Australian nationals seeking temporary work in “specialty occupations,” as defined under the H-1B provisions of the Immigration and Nationality Act.  (“INA”).

Labor Certification

Federal regulations require that sponsoring employers file a Labor Condition Application (“LCA”) with the Department of Labor.  To certify a position for E-3 status, the Department must find – and certify to the Departments of Homeland Security – that the employer’s attestations meet the same governing labor certifications for the H-1B program.

Petition Need not be Filed

No petition needs to be filed with the Department of Homeland Security as a prerequisite of visa issuance.  Instead, in the case of an employee seeking a visa, the employee will present the necessary evidence for classification directly to the consular officer at the time of the visa application. Such evidence will include the original or a copy of the Labor Condition Application signed by the prospective employer and approved by the Department of Labor.

Length of Stay

E-3 non-immigrant status is initially granted for a period of no more than two years.  Extensions of stay may be granted indefinitely in increments not to exceed two years.

Ife S. Ashabo, B.A., J.D., F.L.C

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