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H-1B vs E-3 — orientation, not a verdict
Use this table to spark the right questions with your US immigration attorney. Categories, fees, and policies change — we refresh this page periodically, but official sources win.
| Topic | H-1B (typical) | E-3 (Australian citizens) |
|---|---|---|
| Primary applicants | Many nationalities (cap-subject rules apply). | Australian citizens only. |
| Cap / lottery | Annual cap; high demand often means lottery and timing risk. | Separate annual allocation; historically less oversubscribed — still not guaranteed. |
| Specialty occupation | Role must qualify as specialty occupation; degree/experience rules apply. | Same broad specialty-occupation framing — case-specific. |
| Employer process (typical) | Petition-heavy narrative; longer planning horizons in many orgs. | LCA-led pathway familiar to counsel who know the category; often faster to file — varies. |
| Spouse work (high level) | H-4 work authorisation is limited and rule-dependent. | E-3D spouse may pursue work authorisation — confirm current USCIS guidance. |
| Validity & extensions | Often 3-year grants; usual 6-year cap with exceptions if a green card process is underway. | Typically 2-year grants; renewable with qualifying employment. |
Your old site listed long occupation exemplars and point-system examples — we can restore a detailed annex if your counsel wants it maintained publicly. Today we prioritise clarity and accuracy over volume.
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