E3 Visa Guide: All You Need to Know About the E3 Visa
The E3 visa is specifically for Australian nationals working in “specialty occupation” roles in the United States.
This guide will cover essential information about the E3 visa. If you have any questions, please feel free to email me at abbas@espadaimmigration.com. I respond promptly to emails and would be glad to assist you.
Overview:
1. What is the E3 Visa?
2. What are the benefits of the E3 Visa?
3. E3 Visa Requirements
4. E3 Visa Process
5. E3 Visa Processing Time
6. What are the Documents Required to Get an E3 Visa?
7. E3 Visa Form
8. E3 Visa Fees
9. E3 Visa Interview Questions
10. What happens after you get your E3 visa?
11. Conclusion
1. What is the E3 visa?
The E3 visa is intended for Australian citizens who will be employed in a “specialty occupation” in the United States.
To qualify for the E3 visa, you must:
- Be an Australian citizen or national,
- Have a job offer that requires a minimum of a bachelor’s degree,
- Hold at least a bachelor’s degree or an equivalent qualification, and
- Obtain a professional license if required by the position.
E3 status is initially valid for up to two years, with unlimited renewals available. Spouses and children of E3 visa holders are eligible for E3D status. This visa category has an annual limit of 10,500, which has never been exhausted.
2. What are the benefits of an E3 visa?
- The E3 visa is specifically for Australian nationals.
- Each year, 10,500 E3 visas are available.
- Compared to the H1B visa, the E3 visa is generally less expensive and has fewer applicants.
- This makes the E3 a more convenient and accessible option.
- Your spouse and children can accompany you as dependents.
- With an E3 visa, your spouse and children (if unmarried and under 21) are eligible to join you in the U.S. as dependents.
- Your children will have the opportunity to attend school in the United States.
Additionally, your spouse may apply for an Employment Authorization Document (EAD), which allows lawful employment—a benefit that sets the E3 apart from visas like the H1B, where spousal work eligibility is often restricted.
The E3 visa can be renewed.
While the E3 visa is initially valid for 2 years, it can be renewed indefinitely. This makes it an excellent choice for those planning to stay in the U.S. for a long-term period.
3. E3 Visa Requirements
To qualify for an E3 visa, there are several essential requirements that you must meet. An immigration lawyer, either myself or someone on my team, can help assess your eligibility based on these criteria:
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The role must be a “specialty occupation” that requires at least a bachelor’s degree or its equivalent.
You need a bona fide job offer for a position considered a “specialty occupation.” A specialty occupation is defined as one requiring “theoretical and practical application of a highly specialized body of knowledge” and at least a bachelor’s degree or equivalent in that specific field as the entry requirement for the role in the United States.
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You must have the necessary qualifications for the job.
A bachelor’s degree or higher—or an equivalent qualification—is required. In some cases, relevant professional experience can substitute for a degree. If the job also requires a specific license, you must either possess that license or demonstrate the ability to acquire it within a reasonable timeframe.
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You must be an Australian citizen.
A valid Australian passport is required to apply for an E3 visa.
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A certified Labor Condition Application (LCA) from the Department of Labor (DOL) is required.
Your E3 application must include a certified Labor Condition Application (LCA), signed by your employer, which affirms that the workplace complies with specific standards, such as:
- No labor disputes at the worksite;
- No adverse impact on similarly employed workers from hiring the foreign national;
- Fair compensation for the E3 visa holder.
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Intent to depart the U.S. upon termination of E3 status
You need to show an intent to leave the U.S. when your E3 status expires. However, unlike many other nonimmigrant visas, you are not required to prove intent to stay in the U.S. for a set time, nor is it necessary to maintain a foreign residence.
4. E3 Visa Process
The process of obtaining an E3 visa involves multiple steps. You have two main options:
- You can apply directly at a U.S. consulate abroad.
- If you are already in the United States, you can file for a change of status.
An immigration attorney, whether myself or a team member, can assist you through this process.
Whichever path you choose, you must first complete the following steps:
Complete a Labor Condition Application (LCA)
The LCA must be submitted by the employer or their representative, not by the E3 visa applicant. It’s essential that the LCA is not approved more than two years before the job’s start date.
Meet All E3 Visa Requirements
As outlined earlier, these requirements include:
- A job offer in a “specialty occupation.”
- Meeting all qualifications for the role.
- Australian citizenship.
- An approved LCA.
- An intent to leave the United States when E3 status ends.
Prepare Required Documents
You will need to provide documents that confirm you meet E3 requirements, including a support statement from the U.S. company where you’ll be employed and the LCA.
Applying for an E3 Visa Abroad
If you’re currently outside the U.S. or plan to be, applying at a consulate may be a good choice. This route is also required if you entered the U.S. under the Visa Waiver Program, as you are ineligible to apply for a change of status in the U.S. Consular processing is generally faster than filing a change of status with USCIS, as premium processing isn’t available for E3s. However, you may need to budget for international travel costs.
To apply for an E3 visa at a consulate, you must:
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Submit Form DS-160
Form DS-160 is the Online Nonimmigrant Visa Application, which must be completed before scheduling a consular interview. -
Schedule a Consular Interview
Next, schedule an interview with a U.S. consular officer. E3 visas can be issued by consulates in Australia as well as by many U.S. consulates in Europe and Canada. -
Attend the Interview
At your scheduled interview, bring a valid Australian passport and all relevant documents. The consular officer will review your eligibility and approve or deny your visa. An immigration lawyer can help prepare you for this interview.
Applying for an E3 Visa Inside the United States
Alternatively, you may file a “change of status” application if you have maintained lawful nonimmigrant status. This process is generally slower than consular processing but does not require international travel, and it also allows you to apply for an Employment Authorization Document for your spouse simultaneously. To file for an E3 change of status with USCIS, you’ll need to submit the following to the Vermont Service Center:
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Form G-28
The Notice of Entry of Appearance as Attorney or Accredited Representative, completed by your attorney or representative, which authorizes them to act on your behalf. -
Form I-129
The Petition for a Nonimmigrant Worker, which provides information about you, the employer, and the job to help USCIS assess eligibility for E3 status. -
Copy of Biographic Page(s) of Australian Passport(s)
You must submit a copy of the biographic page(s) of your passport and those of any dependents. All passports should be valid for at least six months beyond the petition’s expiration date. -
Copy of Your I-94
If you’re in the U.S. at the time of filing, include a copy of your I-94, even if you plan to depart the U.S. while the application is pending. -
Filing Fee
Submit the appropriate fees for the E3 application, as discussed in Section 8: E3 Visa Fees.
Each part of this process has specific requirements and timelines, and legal guidance can help ensure your application is comprehensive and timely.
5. E3 Visa Processing Time
The time it takes to process an E3 visa depends on various factors. One key factor is whether you have filed a change of status petition or submitted a visa application. E3 change of status petitions are processed at the USCIS Vermont Service Center, where processing times typically range from 4 to 8 months. On the other hand, visa applications rely on the appointment availability at the U.S. consulate and can take anywhere from a few days to several weeks. Additional factors that can influence the timeline include the time of year you submit your application and the completeness and accuracy of the supporting documents you provide.
6. What are the documents required to get an E3 Visa?
Several documents are essential for your E3 petition, and the specific requirements will depend on your individual circumstances.
Below is a general list of the documents typically needed, which may require adjustments based on your case. An immigration lawyer, such as myself or a member of my team, can guide you in determining the exact documents to include:
- Approved Labor Condition Application
- Statement of Support from the US Company
- Copies of educational degrees, transcripts, and education evaluations (if applicable)
- Updated resume
- Official job offer letter
- Professional licenses (if relevant)
- Experience letters (if applicable)
- Passports for you and any dependents (spouse and children)
- Proof of family relationships
- Documentation of prior US visas (if applicable)
Let us assist you in ensuring all necessary documents are prepared and submitted correctly.
7. E3 Visa Forms
The E3 visa process involves completing several key forms. Here’s an overview of the most important ones:
DS-160:
The DS-160 is the Online Nonimmigrant Visa Application. This form, along with your responses during the consular interview, plays a significant role in determining your eligibility for the E3 visa. It is crucial to provide accurate and detailed information. For more details about the DS-160, click here.
Form I-129:
Form I-129, also known as the Petition for a Nonimmigrant Worker, is used to request an extension or change of status for your E3 visa. This form is critical if you are looking to modify your visa status while in the United States. Additional details about Form I-129 can be found here.
Form G-28:
The G-28 is the Notice of Entry of Appearance as Attorney or Accredited Representative. This form is necessary if you have an attorney or authorized representative assisting with your immigration case. It ensures that your representative is officially recognized in your application process.
Each of these forms serves a specific purpose in the E3 visa process, and careful preparation is essential to ensure success.
8. E3 Visa Fees
As of now, the fees associated with the E3 visa application process are outlined below:
- Immigration Lawyer Legal Fees: These fees can vary based on the specifics of your case.
- E3 Visa Application Fee: $205
- Employment Authorization Document (EAD) Fee: $410
- Form I-129 Petition Fee: $460
- Visa Processing Fee: $205 for the E3 visa application.
- Change or Extension of Status Fee: $460 for filing Form I-129.
These fees are subject to change, so it’s always a good idea to confirm the current amounts when preparing your application. An immigration lawyer can help you navigate these requirements efficiently.
9. E3 Visa Interview Questions
During your consular interview, the officer may inquire about various aspects related to your application. These topics may include, but are not limited to:
- Your educational and professional qualifications
- The specifics of your position with the US company
- Your connections and commitments to both Australia and the United States
It is important to approach these questions with clarity, confidence, and thoroughness to effectively address the officer’s concerns.
10. What happens after you get your E3 visa?
After obtaining approval for an E3 visa, you are eligible to enter the United States. Ensure you travel with your passport, E3 visa, and a copy of the approved Labor Condition Application (LCA). You are permitted to enter the country up to 10 days before the start of your authorized stay and remain for up to 10 days after it ends, though you are not allowed to work during these grace periods. Upon arrival, promptly forward copies of your visa and I-94 form to your attorney. Additionally, keep track of the expiration dates of both your visa and those of any dependents.
The E3 visa is initially valid for up to two years, with the option to apply for unlimited extensions. These extensions do not contribute to the annual cap of 10,500 E3 visas. Provided you continue to meet all E3 visa requirements, your status can be renewed indefinitely.
It is important to maintain your legal E3 status by updating your application as necessary. If you change your worksite, a new LCA and amended petition are required. Switching employers necessitates either filing a change of employer petition or applying for a new E3 visa through a US consulate. Should your employment end earlier than anticipated, you may remain in the United States until your status expires or for up to 60 days, whichever comes first. During this period, you cannot work, but you can seek new employment and submit the necessary change of employer petition.
11. Conclusion
The E3 visa offers an excellent opportunity for Australian citizens seeking employment in the United States. By now, you should have a clearer understanding of the key elements of the E3 visa, including its advantages, eligibility requirements, and application process.
If you have any questions or need clarification on any of the topics covered in this guide, please don’t hesitate to reach out to me directly at Abbas@espadaimmigration.com. I prioritize responsiveness and am more than happy to assist you with your queries.
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