E3 Visa - Australian Specialty Workers

NONIMMIGRANT WORK :

E-3 Work Visa for Australians: Guidance from Versfeld & Hugo LLC

The E-3 visa offers a unique opportunity for Australian nationals seeking to work in the United States in a “specialty occupation.” At Versfeld & Hugo LLC, we provide expert legal assistance to help you navigate the E-3 visa application process with ease. If you’re an Australian citizen interested in this visa, our experienced immigration attorneys are ready to assist you. Contact us today for a consultation to explore your options.

What is the E-3 Visa?

The E-3 visa is specifically designed for Australian nationals who wish to enter the U.S. to perform services in a specialty occupation. A specialty occupation requires both theoretical and practical application of highly specialized knowledge, and generally requires at least a bachelor’s degree or its equivalent in the specific field of work. This definition aligns with the requirements for H-1B specialty occupations under U.S. immigration law.


Key features of the E-3 visa include:

  • Eligibility for Australians Only: The E-3 visa is exclusively available to nationals of Australia, although spouses and children of E-3 visa holders do not need to be Australian citizens.

  • Work Authorization for Spouses: A key benefit of the E-3 visa is that spouses of E-3 visa holders are automatically authorized to work in the United States as dependents under E-3S status. This means they are considered employment-authorized incident to their status and do not need to apply separately for work authorization, regardless of whether their employment is in a specialty occupation.

  • Renewable Status: The E-3 visa can be issued for periods of up to two years and is renewable indefinitely, providing ongoing flexibility for visa holders and their families.

  • Limited Availability: There are 10,500 E-3 visas available each fiscal year, but spouses and children do not count towards this cap.

Requirements for the E-3 Visa


To qualify for the E-3 visa, applicants must:

  1. Have a Job Offer in a Specialty Occupation: The applicant must have a job offer from a U.S. employer in a specialty occupation that requires a specific set of skills and a relevant bachelor’s degree or higher.

  2. Approved Labor Condition Application (LCA): The U.S. employer must file a Labor Condition Application (LCA) with the Department of Labor, attesting to the terms and conditions of employment, including paying the prevailing wage for the occupation. This LCA must be presented at the time of the visa application, either in its original form or as a certified copy if the original is not available.

  3. Educational Qualifications: Applicants must have the necessary academic qualifications, typically a bachelor’s degree or higher in the specific field related to the job. If the applicant does not possess a degree, equivalent experience or training may be considered.


Specialty Occupation Criteria

The term "specialty occupation" refers to positions that require both theoretical and practical expertise in a specialized field. Common fields that qualify include IT, engineering, mathematics, science, healthcare, and business management. Consular officers abroad will use the same standards applied to H-1B visa applications to assess whether the occupation meets the specialty requirements.


Additional Considerations for E-3 Visa Holders

  • No DHS Petition Required: If applying within the U.S., USCIS (under DHS) adjudicates the E-3 visa petition via Form I-129. If applying from outside the U.S., a U.S. consulate (under DOS) handles the process. Applicants need a certified Labor Condition Application (LCA) from the Department of Labor, simplifying the process for Australians in specialty occupations.

  • Flexible for Families: Spouses and dependent children of E-3 visa holders can accompany the principal applicant and enjoy the ability to live and work in the United States.


Why Choose Versfeld & Hugo LLC?

For Australian citizens, the E-3 visa is often a more accessible and cost-effective alternative to the H-1B visa, with fewer application hurdles and quicker processing times. At Versfeld & Hugo LLC, we offer comprehensive legal support for E-3 visa applications, including:

  • Expert Guidance: Our attorneys are well-versed in the requirements and procedures for the E-3 visa, providing tailored advice to ensure that your application meets all necessary criteria.

  • Full-Service Representation: From the initial consultation to gathering documents and submitting your application, we handle every aspect of the process, allowing you to focus on your future in the U.S.

  • Attention to Detail: We meticulously review your application to avoid common pitfalls and ensure that all forms are completed accurately and timely.

  • Support for Families: We also assist with applications for spouses and dependents, ensuring that your family can join you in the United States without unnecessary delays.

Contact Versfeld & Hugo LLC for Your E-3 Visa Needs


If you’re ready to explore the benefits of the E-3 visa and take the next steps toward working in the United States, Versfeld & Hugo LLC is here to help. Our experienced immigration attorneys are dedicated to providing the support and guidance you need for a successful application. Contact us today to schedule your confidential consultation and learn more about how we can assist you with your E-3 visa or other immigration needs. Let us help you make your move to the United States a smooth and stress-free experience.