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.
D.E-2 procedure
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.