E-3 Visa

E-3 Certain Specialty Occupation Professionals from Australia

The E-3 classification is only applicable for nationals of Australia. An applicant must be visiting the United States only to perform work in a specialty occupation. A specialty occupation must show theoretical and practical application of a body of knowledge in professional fields and at least proof of the applicant earning a bachelor’s degree, or its equivalent.

To become eligible for an E-3 Visa an applicant must demonstrate that they:

  • 1) are a national of Australia,
  • 2) have a legitimate offer of employment in the United States,
  • 3) possess the necessary academic, or other qualifying credentials,
  • 4) will fill a position that qualifies as a specialty occupation.

If an applicant wishes to apply for an E-3 Visa within the United States, they must use Form I-129, Petition for Nonimmigrant Worker. The I-129 must include:

  • 1) A Labor Condition Application which is different than the application used in the applicant’s previous H-1B application,
  • 2) academic or other credentials demonstrating qualifications for the position,
  • 3) documentation from an employer showing that the applicant will be engaged in a specialty occupation, and that the applicant will be paid the higher of the actual or prevailing wage,
  • 4) if required in order to commence specialized employment, the applicant must have the required license or permission to practice their specialty occupation.

If an applicant wishes to apply for a Visa with a US Embassy or consulate, and their Form I-129 is approved, then a Form I-797 will be forwarded to the applicant’s employer who will forward the paperwork to the applicant. This form is not a US Visa. After the I-129 Form is approved by USCIS, the applicant must then apply for a United States Visa at a United States embassy or consulate.

An applicant’s spouse and children under the age of 21 are entitled to the same E-3 classification that is given to the applicant. A spouse is entitled to work authorization, but children are not. To achieve work authorization, the spouse must file a File I-765.

For more information regarding E-3 Visas, and the process of obtaining a E-3 Visa, please contact the Law Office of Jeffery Bennett via phone: 816-759-2776 (English), 816-759-2777 (Spanish); or via email: jyb@jybennettlaw.com.