E-3 U.S. Visa

The E-3 visa was designed for Australian citizens who have theoretical and practical application in a field of highly specialized knowledge and want to work in the U.S. This visa was created in 2005 when the U.S. and Australia signed the U.S. Free Trade Agreement pact – AUSFTA. Annually, only 10,500 copies of the E-3 visa may be issued by the U.S. government.  They are strictly reserved for Australian nationals who hold specific specialty occupations.

Hence, only particular individuals who can fulfill the adequate academic and occupational requirements may be granted an E-3 isa. Work experience alone may also suffice as qualification if the individual has had expert status within their field for more than 10 (ten) years. Applicants must present the necessary credentials during their E-3 visa application.

Who qualifies for the E-3 visa?

There are no special E-3 visa requirements in regards to profession and some of the E-3 visa jobs are business managers, political scientists, art-related professionals, engineers, mathematicians, computer scientists, medical practitioners.

Along with a special profession, other criteria must be fulfilled for applicants to be eligible for the E-3 visa. These qualification requirements demand that the applicant:

• have Australian citizenship (Australian permanent residents do not qualify for an E-3 visa);
• have a job offer from a U.S. employer in the field they specialize in;
• possess educational (at least a Bachelor’s Degree  or any other higher degree in their specialty) or work qualification;
• have a license in their practice (if applicable);

Once all of the above are fulfilled, the application may be started. Applying for the E-3 visa can be done only from Australia – at a U.S. embassy or consulate.

Applying for the E-3 visa – the employer

When applying for an E-3, the applicant is not the only one who is required to go through the application stage – their future U.S. employer also must participate in the process. Once the employment offer is accepted, the employer will have to begin the E-3 visa application procedure. They will be required to file the Labor Condition Application (LCA), which is obtained from the Department of Labor. 

The Labor Condition Application

The LCA is an indispensable part of the E-3 visa process, as it secures the salaries and working conditions of the prospective employees. There are 4 (four) attestations that need to be made by the employer:

• the employer has to attest that the E-3 visa employee’s salary will be higher than both the actual* wage and the prevailing** wage;
• the employer has to attest that hiring the employee won’t have a negative impact on the current employees’ working conditions, and that the working conditions of the new employee and the current employees working in the same position will be similar.  
• the employer has to attest that there is no lockout, strike, or any other work cessation in effect at the time of filing the LCA.
• the employer has to attest that the company’s current employees have been informed of the intent to hire the E-3 visa applicant.

*the actual wage is the wage paid to the current employees at the company who hold the same position that the beneficiary is to hold.

**the prevailing wage is the wage paid to employees performing the same or similar job in that particular area (for example, the prevailing wage for construction workers in Jersey City, New Jersey.

Applying for the E-3 visa – the employee

When the employer’s LCA gets approved, the Australian citizen can start their own application.

The first step is to fill out Form DS-160 (nonimmigrant visa application). The form asks about personal information and the detailed purpose for traveling to the US.

Upon the completion of the application, a confirmation page with a code will appear which is needed for further steps.

Finally, an E-3 visa costs $270 and this USCIS filing fee is non-refundable. The payment receipt must be kept and attached to the document file.

This is then followed by scheduling your E-3 visa appointment at a U.S. embassy or consulate and preparing a file with all the supporting documents. At the interview, the applicant must prove that they intend to come back to their home country after the work contract expires.

Documents for the E-3 visa application

Besides the application itself, the following documents are essential to apply for the E-3 visa:

• valid passport,
• visa photo,
• DS-160 confirmation page,
• receipt confirming payment,
• visa appointment confirmation letter,
• a letter from a U.S. employer that states information about the job offer, position, description and salary,
• a letter proving LCA confirmation,
• a qualifications certificate (diplomas, license for profession, letters from previous employers).

E-3 visa photo specifications

When uploading or attaching your visa photo, you have to make sure it  follows specific guidelines. An incorrect E-3 visa photo format will result in application denial.

The E-3 visa application photo requirements are as follows:

• 51×51 mm (2×2 inches),
• the photo must show the applicant’s full face from chin to forehead,
• in color, with a plain white background and no shadows visible,
• the photo should be recent (taken within the last 6 months),
• the applicant should have a neutral facial expression and keep their mouth closed and both eyes open,
• no uniforms are allowed, with the exception of religious clothing,
• no eyewear or headwear is allowed, unless a medical purpose can be justified.

Processing times of the E3 visa

Once everything is provided and the interview is attended, the E-3 visa processing times are approximately two months. If your application is approved, you will then have to send your Australian passport for stamping purposes, so you can enter the U.S. The two month period, however, varies if the embassy or consulate has an overload of visas to process, which may extend the decision time.

Validity of E3 visa

During the issuance of the LCA, a specific validity is attached to the document. Hence, visa validity will match the LCA validity. The standard validity time for an E3 visa cannot be longer than 24 months (2 years).

Change of status and renewal of the E3 visa

There is a possibility for renewal if the 2 (two) year period expires. This requires the employer to obtain a new LCA with a new validity date. Form I-539 must also be filed to extend or change the E-3 status. The applicant’s intent to return to Australia must still be true.

A change of status is possible if the employer can propose a job position that suits the candidate better. This must be followed with a new LCA, stating the new position. The beneficiary must start employment within 10 (ten) days of leaving their previous workplace.

E3 visa

Dependent children (unmarried and under 21 years old) and spouses of an E-3 employee are eligible to apply for E-3D visas. In case of families who are still abroad, the family members have to provide the E-3 visa employee’s approval information as well as proof of their relationship to the employee, which must be:

• a birth certificate for dependent children;
• a marriage certificate for a spouse.

The documents must be presented at a U.S. embassy or consulate in Australia. If the family member or members are inside the U.S. under another visa, they can apply for or extend their E-3D visa status by filing Form I-539.

The spouse of an E-3 beneficiary who holds an E-3D visa and is currently in the United States can file Form I-765 with the USCIS (U.S. Citizenship and Immigration Services) to apply for employment authorization.

E-3 visa: FAQ

In this section we provide answers to some of the most commonly asked questions about the E-3 visa.

E-3 visa – summary

The E-3 immigrant visas are reserved solely for Australian nationals with a specific specialty wishing to work in the United States. The E-3 visa application process doesn’t involve just the applicant, but also their potential employer. However, in comparison to other visa categories, luckily, the E-3 visa processing times are very quick, because the decision is made within roughly two months.