Offering the Best Results by Using Decades of Experience in Your Favor
E3 Visa
An E3 Visa is for Australian nationals entering the United States to work in a specialty occupation.
- Our Location
San Diego, CA
- Schedule Consultation
The E3 Visa Option for Australians Seeking Work in America
To obtain an E3 visa, you must have a valid offer of employment with a U.S. company that will be sponsoring your visa. An E3 visa is valid for two years and may be extended. Although the E3 visa is a nonimmigrant temporary visa classification and not a “dual intent” visa, (meaning a future intention to immigrate, i.e., obtain a Green card, while presently maintaining nonimmigrant status) Applicants looking to pursue an E3 visa should consult with an experienced attorney for more information on obtaining a Green Card.
E3 Visa Eligibility
For Australian nationals with an offer of employment in the U.S. under a “specialty” occupation requiring a minimum of a Bachelor’s degree, E3 is a great way to temporarily work in America.
A valid Australian passport will be required for your E3 visa interview at a U.S. Embassy. Importantly, the passport must be valid for six months beyond the intended date of entry into the United States. E3 Applicants must check passport validity dates prior to interview.
The E3 is a work visa and is similar to an H-1B visa, in terms of requirements, except the E-3 is much easier to obtain. THE E3 DOES NOT HAVE LOTTERY LIKE THE H-1B. Instead, the E3 has an annual quota of 10,500 visas and not as many applicants like the H-1B. Also, an E3 visa Applicant can get a visa throughout the year without having to register and wait until the lottery opens for H-1B only once a year.
Applicants for the E3 visa must comply with the following;
- You must be an Australian national.
- Applicants must have a legitimate employment offer of employment in the U.S. for a specialty occupation.
- The degree must be equivalent to a U.S. bachelor’s degree. (Foreign Degrees need an educational equivalency evaluation.)
- The degree must directly relate to the position be offered. (A degree in Architecture would not directly relate to an offered position as a Business Manager.)
- You must hold the necessary academic or other qualifying degree(s).
- The position must qualify as a “specialty” occupation. A specialty occupation is one that requires the application of a body of highly specialized knowledge and the attainment of at least a bachelor's degree or its equivalent. This means that the Applicant must prove that in order to do the job, a degree in a SPECIFIC field is required such as a bachelor’s degree in Education is usually required as a minim requirement to be a Teacher or a degree in Engineering is usually the minimum requirement to work as an Engineer. Positions in business, such as a Business Manager, may not qualify as a specialty occupation because many Applicants may become a Manager after study in any number of fields such as communications, psychology, business, management or may have a high school diploma and work their way up to a management position. Additionally, attention should be given to the level of pay associated with the job in assessing the specialized nature of the role within the company.
Our Immigration Attorneys are experts at navigating the US immigration process for individuals, families, & entrepreneurs, including the E3 visa for Australian Nationals.
E3 Visa Requirements
Not every job offer in the U.S. is suitable for an E3 visa. When applying for this type of visa or renewal, consider the following;
- The employee’s job duties must be clearly defined and E3 visa Applicants must have a bachelor's degree in a relevant field.
- The city where the job will be performed.
- The pay scale.
- Length of job duration.
- How many hours employees will be working (per week).
The E3 visa requirements also mandates the possession of the following documents:
- A Labor Condition Application (LCA) stating the salary that must be the usual salary or higher for that type of job in that part of the U.S. The purpose of the LCA is to ensure that the U.S. labor market is not undermined by the hiring of foreign nationals at low wages. Accordingly, there are attestations and activities required of the employer relating to the LCA. Consult an experienced attorney in reviewing LCA requirements so as not to run afoul of laws set forth by the U.S. Department of Labor.
- Job offer letter for a specialty occupation.
- Indicative documentation from your employer stating that your job is under specialty occupation and you will receive the wage set forth on the LCA.
- Academic or other credentials demonstrating degree or equivalent qualifications for the position.
- Proof that you hold a U.S. bachelor's degree or equivalent or higher-level qualification.
- Necessary license or other official permission for employment in the specialty occupation including any state license requirements or other credentials such as CGFNS (Nurses) or ECFMG (doctors).
E3 Visa Cost
An employer looking to hire an employee based on an E3 Australian work visa will be required to pay the visa fees directly.
Fees depend on whether the Applicant is in Australia and going directly to the U.S. Embassy or in the U.S. changing status from a valid nonimmigrant status.
U.S. Embassy Fees
E3 Consular fees include a MRV payment. Visa reciprocity schedules apply.
https://www.ustraveldocs.com/au/au-niv-paymentinfo.asp
United State Citizenship & immigration Services (USCIS) Fees
E3 Visa Period of Stay
The E3 visa is for an initial maximum period of two years and can be extended in increments up to 2 years at a time. There is no limit on how long you can stay in the U.S.
E3 Visa Renewal
The E3 visa renewal is called a renewal but is always adjudicated as a new application, similar to obtaining a new E3 Australian visa for the USA. Our attorneys can help you with all the necessary paperwork and documentation, so your application will be smooth and stress free. On balance, employees realize it can be prudent paying reasonable legal fees rather than losing a job and salary for a denied case.
e3 visa transfer - E3 visa change of employer
If you are considering changing employers while remaining in the United States under an E3 Visa, your new employer must obtain a certified Labor Condition Application for the position and file a Form I-129 petition.
The Form I-129 petition must be approved before you are authorized to work for the new employer. USCIS may consider you to be maintaining E3 status, following cessation of employment, for up 60 days during the period of petition validity (or other authorized validity).
E3 Visa Duration
The E-3 visa, by default, is for a maximum of two years initially. However, increments can be granted, when requested, for up to 2 years at a time. There is no maximum time period for E-3 status. The 2-year period begins on the date when applied for, or when it is issued said visa, whichever is later.
Employment should begin no later than 30 days after the visa is used by the employee(s) to enter the US. In case an employee changes employers during their tenure, a new petition for an E-3 work visa must be filed for approval, along with proof of new employment.
E3 Visa Family & Dependents
The original applicant of an E3 work visa is only the person who is accepted for the specialized role in a US enterprise. However, the E3 visa holders’ spouse and/or children who are under the age of 21 are entitled to the dependent E3 classification. The E3 dependent visa allows your family to enter and stay in the US throughout the duration of your E3 visa. Dependents are not only allowed to stay in the US but also attend school. Your spouse is also entitled to apply for work authorization, but not your children. Before commencing any employment activities in the United States, your spouse must first file the appropriate work authorization paperwork with the USCIS and wait for the approval. For more information on the application procedures, click here.
Please note that it is the responsibility of the employee (not the employer) to file an E3 dependent application where required. Keamy Tavares & Associates can help you with the process of getting your family to join you in the US. We take care of filing all necessary paperwork and instructing you on what steps are required after that. Contact us today to get started with your visa application.
E3 Visa Alternatives
An E3 visa is an ideal option for anyone who meets the eligibility requirements, though there are some alternatives if needed:
- Australian individuals, families, or entrepreneurs looking to immigrate to the US and start their own business have the option to register under the E2 visa scheme. The E2 visa application is more complex than the E3 visa processing application, but with our help, the process can be straightforward.
- Australian citizens with a Bachelor’s or Master’s degree can also apply for the H1B visa. This visa is not as easy to obtain as the E3 visa, this is because the pool for H1B visas is much wider and extends almost worldwide. With this visa, you can only start working in October of each year whereas the E3 has no restriction.
E3 visas are specific to Australian citizens only. The quota is relatively small, considering these visas are accepted year-round, and as only Australian citizens can apply, your chances of success are multiplied. Plus, you will have our immigration experts on your side!
Our Immigration Attorneys are experts at navigating the US immigration process for individuals, families, & entrepreneurs, including E-2 treaty Visa.
Our Immigration Attorneys are experts at navigating the US immigration process for individuals, families, & entrepreneurs, including E-2 treaty Visa.
Contact Us
Confidential Consultation
- +1 619-789-6628
Immigration Attorney: Johanna M. Keamy
How It Works
The immigration process can be a lot to comprehend, but our team of San Diego Immigration Lawyers are here to help. We make the process as simple as possible and if you have any questions or concerns about your specific situation we’re always available for consultation.
Consultation
When we first meet with you to understand your situation and goals, we’ll propose a set of solutions so you can choose what feels best. From there, we'll work with you to find a solution that best meets your needs and the government's requirements. Book a consultation below.
Strategize
We’ll make it easy to communicate and for you to provide documents and information. We'll work with you one-on-one, guiding your application through an efficient review process that will be tailored specifically to what works best with immigration authorities.
Take Action
After you sign and finalize your application with us, we will diligently keep you updated on the process. We can accompany you to any interviews that take place in the United States as well. No matter what part of this journey, we will be by your side every step of the way.
Win
Getting approved is a wonderful moment to celebrate. We’ll make sure you understand what comes next and if you need to do anything else. We’ll stay close and you can rely on us to update you in advance of any action you’ll need to take to ensure your immigration status remains.
Professional and Experienced Immigration Law Attorney
Keamy Tavares & Associates
– Are Ready to Help You Move to the US
We’re here to help you secure your E3 visa and to ensure that the process moves along without hitches. Let Johanna and her associates be your personal chauffeur on your road towards the land of opportunity.
AUSTRALIAN DOCTORS AND THE E-3 VISA
The long wait in line at the hospital and your doctor’s office with your elderly parent or your sick child is jarring and evidence of the growing shortage of physicians. Health care providers across the U.S. are concerned about the lack of medical professionals to serve patients.
With the increasing need for more physicians to treat patients, the E-3 visa allows international doctors the ability to enter the country and work in the U.S.
E-3 Processing less complex than J-1 or H-1B
E-3 is a visa option for citizens of Australia. Physicians with Australian citizenship can apply for the E-3 rather than the J-1 with no need to fulfill J-1 visa requirements such as a statement of need, no 2 year home residency or ECFMG issued DS-2019.
Requirements
An E-3 requires a bachelor’s or higher degree in the specific discipline or its equivalent as a minimum entry into the occupation in the United States. A nonimmigrant physician that intends to provide patient care or receive clinical training is required to have passed all three steps of the USMLE, have a valid ECFMG certificate, and have a valid Medical License before applying for an E-3 visa.
Application Process takes less time than a J-1 or H-1B
Australian physicians need not submit a Petition to USCIS in advance of the Embassy appointment which benefits U.S. Employers because there is no wait time associated with processing the I-129 petition required for H-1B applications or the DS-2019 for a J-1 petition. E-3 physicians are allowed a 2 year period of authorized stay and indefinite renewals.
Benefits of the E-3
Spouses and family members of E-3 physicians can obtain derivative status and are allowed to apply for work authorization.
E-3 Physicians are allowed to assume faculty appointment. There is an annual quota of 10,500 visas in this category.
E-3 visas can be obtained at a U.S. consulate located outside of the United States such as in Sydney, Melbourne or Perth, Australia. Alternatively, a nonimmigrant already in the U.S. in valid status such as in B-2 (not ESTA) F-1, E-2 or other valid status, may apply for a change of status to the E-3 category or for an extension of E-3 status.
Contact Us
Confidential Consultation
- +1 619-789-6628
Call Us
If You Need help with any type of immigration legal issue contact us now!
Committed to Helping Our Clients Succeed
Helping Individuals & Families from Australia Work in the US
Let’s discuss your strategy towards becoming eligible for an E3 visa and boosting your career to newer heights. Whether you’re looking to acquire the visa, want an E3 visa renewal, or are worried about visa requirements for Australian citizens, we’ve got you covered!