The E3 Visa is a special category visa designed for Australian Citizens. Launched in 2005 by the US Congress through a paragraph added to the Immigration and Nationality Act, it authorizes up to 10,500 visas per year for exclusively Australian Citizens.
The E3 Visa is issued to those Australians who qualify to work in "specialty occupations". The spouse and children of the E3 Visa applicant need not be Australian citizens.
The visa is the culmination of the discussions on advancement of trade between the two nations.
For PR's who are citizen of other country, we have other options like filing H1B visa instead of E3 Visa for you. For more details, please contact us at firstname.lastname@example.org
To be able to apply for the E3 Visa, you must have the right combination of educational qualifications and experience to be able to work in specialty. This requires that you have:
"Specialty Occupation" is defined by the following criteria:
No it is not necessary that you would have worked in the USA previous to the application for E3 Visa.
If the occupation requires license or any type of official permission, you will need to have before you apply from the E3 Visa. The proof of the same should be submitted before the E3 Visa is granted.
In the cases where the license/ permission is not immediately required, but might be necessary in the future, the applicant needs to undertake that he/ she would be willing to obtain such license/ permission within an admissible time-period after he/ she is admitted into the USA.
For an accurate definition, you may look up the definition contained at INA 214 (i)(1) for H-1B non-immigrants and applicable standards and criteria determined by the Department of Homeland Security (DHS) and USCIS.
You need to fulfill the following criteria:
The "premium processing" which has the applications processed within 15 days from the date of application along with all pertinent documents, is not available for the E3 Visa.
You need to have the following documents ready with you for submission of application for the E3 Visa:
No, your US-based employer need not apply/ write/ petition the DHS. However, it is necessary that the employer obtained the LCA (Labor Condition Form) ETA form 9035 from the Labor Department.
The US-based employer should:
The initial visa is issued for 24 months. This is the maximum validity of this visa. Its validity remains concurrent to the validity of the LCA. It can be renewed indefinitely, as long as the LCA is valid.
As long as the LCA is valid, and you possess a valid passport you can renew this visa for as many times you desire. There is no maximum number of times limit for renewing the E3 Visa.
Yes, you can actually renew the E3 Visa indefinitely, provided you are employed in the USA under the above mentioned criteria.
No, it does not. You must convince the USCIS that the employment you received through the offer letter from your US-based company is temporary and short-term. The officer at USCIS needs to be convinced that you do not entertain any thoughts of remaining in the USA permanently.
In fact you should be able to satisfy the interviewing official that you would return as soon as the job is completed.
Yes, it is possible to change your visa status from E3 visa to any other non-immigrant status in the USA.
Yes, you can switch from E3 to H-1B Visa if you qualify for it and there are visas available. However, this is not necessary.
While it is possible that you travel to the USA on the visa-waiver program issued specifically to attend the interview/ find a suitable job, you may not change the status of the Visa as long as you are on the Visa-Waiver program.
Yes, you can change your employer. However, since your E3 Visa is linked to ONE employer, the change of employer would need a new E3 visa. This can be applied for at the US Consulate overseas or directly inside the USA. Since you are already an E3 visa holder, the new visa is not counted as a new visa among the yearly quota of 10,500 visas.
Your spouse and children are also eligible for this visa as dependents. However, for this purpose you must bring in documents that prove your relationship with the dependents, such as marriage certificate and children's date of birth.
Spouses of E3 visa holders can work anywhere in the USA. Before accepting any employment your spouse may apply for an EAD (Employment Authorization Document, form I-765) from the USCIS.
No, it is not mandatory for the dependent to work exclusively in the specialty occupation.
You can enter the USA maximum 10 days earlier to the joining date in your new US-based job. This time may be utilized to find accommodation of your choice and obtain the necessary utility services to make you (and your family) comfortable in the new environment.
If the E3 Visa is not renewed because your job is over, you have to leave the USA within 10 days.
The E3 Visa is a multiple entry visa. Hence, you can leave USA and re-enter as many times you desire provided the E3 visa is valid, i.e. you should be holding a job.
The E3 Visa is specially designed for Australian citizens; to make immigration easier, quicker and more convenient. The following are the top benefits:
The E3 Visa has the following limitations:
The following are some major differences: