What is the E-3 Visa?
The E-3 visa is a non-immigrant visa status that allows citizens of Australia to work in the United States for periods of 2 years in a specialty occupation, which can be renewed indefinitely. Unlike the H1B and TN visa, the E-3 visa allows the spouse of the applicant to get employment.
Who can apply for the E-3 Visa?
Any Australian citizen who holds a bachelor's or higher degree (or its equivalent) and has a specialty job offer in the United States that requires that specific degree.
Can I apply for the E-3 Visa while in the United States?
You cannot apply for the visa, but you can change your visa status to E-3 while in the United States on another visa type. It is important to note that in order to change your status to E-3 you must enter the United States with a Visa (it can be a Visitor Visa, Student Visa, J1, or other legal status) and not under the visa waiver program. It is also necessary to have an Australian passport.
What if I am in the United States under the visa waiver program and want to adjust to the E-3 visa because an employer wants to sponsor me?
If you are present in the United States under the Visa Waiver Program, you must apply for the E-3 visa through a foreign US Consulate. If for any reason you cannot travel back to Australia you can apply for the visa at a US Consulate in Canada, but please note that sometimes it takes several weeks to get an appointment and this process is not guaranteed.
Do I need a job offer first?
Yes, in order to qualify for the E-3 visa a US employer must file a Labor Condition Application (LCA) on your behalf. The duration of your visa is determined by the duration of the LCA. Your E-3 visa status can be renewed indefinitely as long as the applicant has the intent to go back to Australia at some point.
Is there a limit of E-3 visas?
Yeah, each fiscal year (starts on October 1st of each year) there's a limited number of 10,500 E-3 visas. Spouses and children of applicants do not count against the annual quota.
I have a same-sex partner / civil partnership. Can he/she count as my spouse?
No. Federal Laws in United States require a marriage certificate in order to apply as an E-3D (Dependant). Same-sex civil partnerships or unions are not recognized as E-3D and they must apply separately for their own E-3 status.
Can I work for more than one employer?
No. The E-3 visa is valid for only one employer.
Can I change employer while I am working on E-3 status?
Yes, you may change employers, but the new position must still be in the specialty occupation related to your degree. Your new employer must lodge a new Labor Condition Application (LCA), and the gap between jobs must be 10 days or less. For a change of E-3 employer within the U.S., the individual does not need to reapply for a new E-3 visa, but needs to submit a change of employer petition to USCIS. An E-3 change of employer petition is counted against the annual E-3 cap.
Can I apply for a Green Card while in E-3 status?
Unlike the H1B and certain other visa types, the E-3 visa does not allow you to seek permanent residence. Since this status is intended for a temporary job, the applicant must prove that he/she has ties in Australia and wants to move back to Australia eventually. Note however that there may be other options available which should be discussed with an immigration attorney. |
