The E-3 classification applies only to nationals of Australia.  You must be coming to the United States solely to perform services in a specialty occupation.  The specialty occupation requires theoretical and practical application of a body of knowledge in professional fields and at least the attainment of a bachelor's degree, or its equivalent, as a minimum for entry into the occupation in the United States.




To qualify for an E-3 visa, you must demonstrate that you:

Are a national of Australia

Have a legitimate offer of employment in the United States

Possess the necessary academic or other qualifying credentials

Will fill a position that qualifies as a specialty occupation


  • If you meet this criteria, your employer may file the Form I-129, Petition for Nonimmigrant Worker to apply for a change of status to obtain E-3 nonimmigrant temporary worker classification.   Your Form I-129 must include the following documents:

  • A Labor Condition Application (LCA) which cannot be the same application used in a previous H-1B application. Until the Department of Labor develops a new LCA for an E-3, the applicant should use the standard ETA-9035 and ask that it be annotated as an E-3 LCA

  • Academic or other credentials demonstrating qualifications for the position

  • Job offer letter or other documentation from the employer establishing that you will be engaged in a specialty occupation and that you will be paid the higher of the actual or prevailing wage

  • If required, before you may commence employment in the specialty occupation, you must have the necessary license or other official permission to practice in the specialty occupation




Initial Period of Stay is 2 years, and an Extension of Stay of upto 2 years per extension is available.  There is no maximum number of extensions, with some exceptions.




Your new employer must file a new Labor Condition Application and a new E-3 visa application.  The gap between the jobs must be 10 days or less.  Note: Form I-129 is used to apply for an extension of stay or change of employment.




Your spouse and unmarried children under 21 years of age are entitled to the same E-3 classification.  Your spouse is entitled to work authorization, but not your children.  To apply for work authorization as a spouse of an E-3 nonimmigrant, your spouse would file a Form I-765, Application for Employment Authorization.


Email: Info@Visas-Us.com

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