E-3 visas

Serfaty Law > Blog > Immigration > E-3 visas

Australians are now able to apply for E3 visas in order to live and work in the United States. The E3 visa will help Australian business people and professionals capitalize on the opportunities offered under the Australia-United States Free Trade Agreement (AUSFTA). 

You must be coming to the United States solely to perform services 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.

Each year 10,500 E3 visas are reserved exclusively for Australian nationals. Unlike the H1B visa, spouses of E3 visa holders are now able to work in the United States – eliminating a barrier that in practice has stopped many Australians from applying for temporary residence in the US. E3 visa holders will be able to apply for extensions. The application fee for an E3 visa is significantly lower than for the H1B visa.

Eligibility Criteria

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 either (1) the prevailing wage,
    which is the salary paid in the field and within a specific geographic area, or (2) the
    actual wage, which is paid to workers at that company doing the same exact type of employment. (Note that the salary also has to be the higher of the two figures.)

An approved Labor Condition Application is required and no more than 10,500 E-3 visas can be issued per year.

For in-depth E-3 Visa information, call 305-722-8555 or contact us by e-mail. We offer a free consultation.