E-3 visa for Australians
The E-3 visa allows nationals of Australia to come to the United States for the purpose of performing specialty occupations. These are for professional positions that require theoretical and practical application of a body of knowledge in professional fields and at least the attainment of a bachelors degree, or its equivalent, related to the occupation. Your employer (sponsor) may use Form I-129, Petition for a Nonimmigrant Worker, to apply for an E-3 visa from within the United States or from a U.S. Embassy or Consulate. The E-3 visa is normally granted for 2 years, but it may be further extended for two year periods.
How many E-3 visas are granted?
The E-3 visa is limited to 10,500 per fiscal year. The cap does not apply to extensions unless you have changed employers. Your family members applying as derivatives also do not count towards the cap.
E-3 Visa Requirements
The requirements of the E-3 Visa are somehow similar to that of an H-1B. To qualify you must:
- Be a national of Australia
- Satisfy the specialty occupation requirements
- Present a Labor Condition Application
- Present proof of academics or other credentials
- Present a job offer letter or other documentation from the employer establishing that there is a legitimate offer of employment in a specialty occupation
- Have a visa number available
- Intend to depart the U.S. upon expiration of status
Can my Wife and/or Children Come to the United States with me?
Yes, your spouse and children may come as dependents. They will receive the same status of E-3 and your spouse will be entitled to employment authorization.
Application Process
The application process for the E-3 Visa is also very similar to that of an H-1B visa in that a certified Labor Condition Application (LCA) requested from the Department of Labor (DOL) is filed along with a Petition for Nonimmigrant Worker. The foreign national can also request a change of status to obtain E-3 nonimmigrant temporary worker classification or apply for the E-3 visa directly once approval is received on the petition.
If the foreign national intends to travel outside of the United States after approval on a change of status, the next step is to apply for a U.S. visa at a U.S. embassy or consulate, generally in the country of residence abroad.
Contact Vazquez and Poudat for your E3 Visa Application in Central Florida
If you are considering applying for an E3 Visa or need additional information about this visa category call our Immigration Law Firm today. Our experienced US immigration attorneys in Central Florida are board certified as experts in Immigration and Nationaliry Law by the Florida Bar and are here to help! Please call us during office hours at (407) 674-6968.