What is the E3 visa?

The E3 visa is a non-immigrant work visa specifically designated for Australian nationals who want to enter the United States to take up a role in a specialty occupation.

This is defined as a role that typically requires a bachelor's degree or higher and the application of highly specialized knowledge in fields such as science, engineering, or information technology.

Examples of specialty roles might include cybersecurity professionals, architects, or accountants. However, there is no official, definitive list of such professions, so it is possible to make a strong case for any complex role, provided the other criteria listed below are met.

This article will provide an overview of the E3 visa, eligibility criteria, application process, and other essential details, to help candidates apply to live and work in the US via this popular route.

What is an E3 visa and who is eligible for It?

The E3 visa allows Australian nationals to work in specialty occupations in the United States. To be eligible for an E3 visa, applicants must meet these three criteria:

• Australian citizenship: Be an Australian citizen
• Job offer: Have a legitimate offer of employment in the United States in a specialty occupation. They should be able to back this up with evidence in writing
• Educational qualifications: Possess the necessary academic or other qualifying credentials, typically a bachelor's degree or higher. One of the benefits of the E3 visa is that immigration officers are aware of the equivalency of Australian qualifications and should not require onerous credential evaluation

Applicants can apply externally, or from within the US. In the latter case, applicants can complete a form I-129 (Petition for Nonimmigrant Worker) which allows them to apply for a change of status from a temporary visa, or to extend an existing E3 visa.

How does the E3 visa differ from the H1B visa?

While the E3 visa is similar to the H1B visa, it is exclusively for Australian nationals and has several distinct elements and advantages:

• Lower application fee: The E3 visa has a lower application fee compared to the H1B visa. At time of writing, the filing fee for an E3 visa is $315, compared to the H1B visa charge of $1055
• Proof of nationality: E3 applicants must provide proof of Australian nationality Spousal work authorization: Spouses of E3 visa holders can work in the US without restrictions
• Indefinite renewability: The E3 visa is initially issued for two years and can be renewed indefinitely in two-year increments, whereas the H1B visa has a maximum duration of six years

One thing to note is that the E3 visa is not a shortcut to obtaining a green card. However, E3 visa holders can apply for green card status after living in the US for several months

How would a job qualify as a specialty occupation?

For a job to qualify as a specialty occupation under the E3 visa, it must meet three key criteria:

• Educational requirement: The position should require the attainment of a bachelor's degree or higher (or its equivalent) in a specific field of study
• Specialized knowledge: The role should necessitate highly specialized knowledge and typically falls within professions such as accounting, engineering, sciences, or information technology
• Theoretical and practical application: The job must involve the theoretical and practical application of a body of highly specialized knowledge It is worth consulting with a specialist immigration service if you are uncertain the role will be eligible for this visa application route.

Is the E3 visa the best option for hiring a foreign worker?

Businesses can find out if an E3 visa is the best option when considering workers from overseas by considering the following factors:

• Candidate’s nationality: The candidate must be an Australian citizen
• The nature of the job: The job must be a specialty occupation requiring a degree
• Employment duration: If the job is expected to be long-term, the E3 visa’s indefinite renewability in two-year increments may be advantageous

See also: How to Get a US Work Visa for a Foreign Worker

How many E3 visas are available annually?

Each year, 10,500 E3 visas are issued. This cap does not include spouses and eligible children of E3 visa holders. If the cap is reached, applicants will need to wait until the next fiscal year to apply.

However, since the inception of the E3 visa program, the cap has never been reached. It’s unlikely that this consideration should prevent the candidate from applying.

Limitation on children under 21

One small detail worth noting is that E3 visa holders’ children aged under 21 are not eligible to work while in the US. Once over the age of 21, they would be considered no longer dependent and would have to apply for their own residence visas to remain in the country.

What is the E3 visa application process and required documents?

The E-3 visa requires sponsorship from a US employer (or “petitioner”).

The E3 visa application process involves several steps:

• Labor condition application (LCA): Submit an LCA with the US Department of Labor. This should be filed by the employer on the applicant's behalf, and should provide evidence that employing the worker, instead of a US citizen, does not adversely affect said citizens’ employment opportunities. This can be completed through the [US Department of Labor's Foreign Labor Application Gateway](https://flag.dol.gov/ (FLAG)
• Online nonimmigrant visa application (Form DS-160): The applicant, should complete this form online
• Visa interview: Schedule and attend a visa interview at a US Embassy or Consulate. The applicant will be required to bring various documents as outlined below. Ideally, they should wait until they have evidence of the granted LCA application from the prospective employer before scheduling this appointment

See also: A Guide for Enterprise Businesses: EOR Sponsored Visas

Required documents for a visa interview typically include:

• Proof of Australian citizenship
• The job offer letter
• Proof of academic or trade qualifications
• Approved LCA documentation

There are US consular visa units in the following Australian cities:

• Sydney: Suite 2/50 Miller Street, North Sydney, NSW 2060. Tel: +61 2 8219 2100
• Melbourne: 553 St Kilda Road, Melbourne, Victoria, 3004. Tel: +61 3 9526 5900
• Perth: Level 4/16 St George’s Terrace, Perth, WA 6000. Tel: +61 8 6144 5100

See also: How Deel Is Reinventing the Immigration Journey

How long does an E3 visa last and can it be renewed?

The E3 visa is initially granted for a period of up to two years. It can be indefinitely extended for up to two years each renewal if the visa holder continues to meet the eligibility requirements and the terms of employment remain the same.

To extend your E3 visa, the employer must complete form I-129. This can be completed up to 180 days prior to the E3 visa extension and, if granted, will run from the date of expiry.

See also: Easy Visa Renewal: 4 Steps for Enterprise Workforce

Can spouses and children work and study on an E3 visa?

The spouse and children (under 21 years of age and unmarried) of an E3 visa holder can accompany them to the US The spouse is eligible to apply for work authorization and can work in any field.

Children are allowed to study but are not permitted to work.

What are potential legal or compliance issues of the E3 visa?

Employers and E3 visa holders must be aware of potential legal or compliance issues, such as:

• Prevailing wage: Ensuring that the wage offered meets or exceeds the prevailing wage for the occupation in the relevant sector
• Employment laws: Maintaining compliance with all US employment laws and avoiding discrimination against US workers
• Documentation: Properly documenting and maintaining records to support the employment and visa status. It is important not to miss filing deadlines, since waiting times can vary depending on the season and the political and economic climate at the time of application

Failure to comply with these regulations can lead to legal penalties and visa revocation.

Fast-track the E3 visa process with Deel Immigration

The E3 visa provides a valuable opportunity for Australian citizens to work in the United States in specialty occupations, offering benefits such as lower application fees, spousal work authorization, and indefinite renewability.

At Deel, our immigration experts are dedicated to helping you achieve your hiring and immigration goals. Our all-in-one platform combines all the tools you need to apply for the E3 visa, including an eligibility checker and visa tracker.

Schedule your appointment.