E3 Visas for Certain Specialty Occupation Professionals from Australia

Under the Australia-United States Free Trade Agreement (AUSFTA) Australian nationals, their spouses, and unmarried children (under 21 years of age) are able to live and work in the United States. Each year 10,500 E-3 visas are reserved exclusively to work in a specialty occupation. The specialty occupation requires theoretical and practical application of a body of knowledge in professional fields and at least the attainment of a bachelor's degree, or its equivalent, as a minimum for entry into the occupation in the United States.

To qualify for an E3 visa, you must demonstrate that you:

  • Are a national of Australia
  • Have a legitimate offer of employment in the United States
  • Possess the necessary academic background or other qualifying credentials
  • Will fill a position that qualifies as a specialty occupation
  • Prove that your stay will be temporary, and;
  • The qualifying position must offer a salary that meets the prevailing wage for someone in a similar position in the location where the work is primarily performed. A Labor Condition Application (LCA, or ETA Form 9035) must be certified by the Department of Labor (DOL) before the petition is submitted to USCIS or U.S. embassy/consulate.

Spouses and unmarried children under 21 years of age may apply for the applicable derivative visa (E3 visa) to join their spouse or parent in the United States. Once the E-3 visa is approved, it is valid for a period of two years, and extensions of stay may be granted indefinitely in increments of up to 2 years. If there is a change in employment within the 2-year visa period, a new E-2 filing is required.

For in-depth E-3 Visa information, call 786-693-6251 or contact us by e-mail. We offer a free consultation.