A. What is E-3 visa?
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.
Initial Period of Stay is two years.Per extension of Stay is up to 2 years; no maximum number of extensions, with some exceptions.
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 non-immigrant, your spouse would file a Form I-765, Application for Employment Authorization.
B.Eligibility Criteria for E-3
- 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
C.E-3 Document list
- 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.
1.If you already residing in the U.S. under a different visa status, you may file for the E-2 visa by changing your current resident status to E-2 status. To achieve this, you will need to file an I-129 petition to request a change of status.
A Form I-797 approval notice is not a U.S. visa, as the visa must be obtained at a U.S. embassy or consulate abroad. After Form I-129 is approved by USCIS, the next step is to apply for a U.S. visa at a U.S. embassy or consulate, generally in your country of residence abroad.
2.Outside the United States, the clients should complete DS-160, schedule an interview, prepare required documentation, attend the visa interview.
- Complete online DS-160 Form
- Pay filing fee
- Schedule an Appointment
- Prepare related materials.
- Attend visa interview, obtain E-3 visa
- If your application is checked or rejected, please contact a professional attorney in time.
E. E-3 Change of Employment
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.