E3 Visa Lawyer USA | Professionals from Australia

We provide essential information to help you understand the E3 visa for Australian nationals and its benefits.

If you are an Australian professional seeking opportunities in the United States or a US company seeking to hire an Australian worker, our team of experienced E3 visa attorneys can help you understand the requirements, the application process, and the potential challenges. We’ll guide you every step of the way.

What is E3 Visa?

The E3 Visa is a temporary work visa for the United States designed specifically for Australian citizens seeking employment in the US in a specialty occupation. The E-3 visa is a non-immigrant visa for highly skilled Australian workers.

To qualify, you must have a job offer from a US employer to work in a specialty occupation that requires a bachelor’s degree or higher. The E-3 visa is suitable for professionals in fields like finance, science, IT, engineering, accounting, architecture, teaching, healthcare and others.

E3 visas are typically issued for two years but can be extended indefinitely, subject to certain conditions. To extend your stay, your US employer can file a petition with US Citizenship and Immigration Services (USCIS) or you can apply for a new E-3 visa at a US consulate in Australia.

The E-3 visa is not designed for fashion models of distinguished merit and ability. However, they may be eligible for H-1B visas.

While it can support self-employment in certain cases, the E3 visa is not typically suitable for investors or entrepreneurs.

Each fiscal year, 10,500 E3 visas are available. While this cap is set, it’s rarely reached. Additionally, the cap does not apply to E3 visa extensions or renewals for the same employer. Unused E3 visas from one year cannot be carried over to the next.

E3 Visa Eligibility Requirements for Australian Citizens

To qualify for an E3 visa, you must meet the following criteria:

Australian Citizenship: You must be a citizen or national of Australia.
Job Offer: You must have a job offer from a US employer in a specialty occupation.
Bachelor’s Degree: You must possess a bachelor’s degree or equivalent in a field related to the job offer.
Professional License (if required): If a professional license is required for your position, then you must possess the required license. If your employer does not require a professional license immediately, then you must be able to obtain it within a reasonable timeframe after arriving in the US.

Our E3 Visa Lawyers in Miami, Florida USA can advise you on all aspects of business and employment immigration and business visas

Navigating the E3 Visa Process

The E3 visa offers an attractive path for Australian professionals to work in the United States. Unlike the H-1B visa, the E3 visa offers a more straightforward application process.

To successfully obtain an E-3 visa, follow these key steps:

Job Offer: Secure a job offer from a US employer in a specialty occupation. Ensure the position requires a bachelor’s degree and involves specialized knowledge.
LCA Approval: Your US employer must obtain a Labor Condition Application (LCA) from the US Department of Labor (DOL). The LCA details the job’s requirements, wages, and working conditions. Your US employer must be compliant with DOL regulations.
Visa Application: Once the LCA is approved, you can apply for an E3 visa at a US consulate or embassy in Australia or elsewhere, submitting the required documents, including the approved LCA. If you are in the United States, you can apply for change of status (or change of employer) to E3 through USCIS.
Visa Interview: Attend a visa interview at the US consulate or embassy.

Your US employer can only hire you after you’ve obtained an E-3 visa. This can be done either by applying for an E-3 visa at a US consulate or by changing your status within the US. If you’re already in the US on another visa, you can apply for a change of status to E3 with USCIS, along with an approved LCA. You can only start working after USCIS approves your E3 change of status petition.

Applying for E3 Visa Outside Australia

To apply for an E3 visa, you’ll typically need to submit a visa application and supporting documents, including your passport, visa application form, job offer letter, and approved LCA, to the US consulate or embassy at or before your interview. However, specific requirements vary between consulates and embassies, so it’s important to check the latest guidelines for your chosen location.

E3 Visa Transfer: Change of Employer

If you are already in the US and want to transfer your E3 visa and change employers, your new employer needs to obtain a LCA for the new position. After the LCA is approved, the new employer can file a change of employer petition with USCIS or you can apply for a new E3 visa at a US Consulate or Embassy.

If you are terminated or you lose your E3 job, you have a 60-day grace period to find a new employer to file a new LCA and change of employer petition with USCIS. During this period, you can maintain your E3 status and assist your new employer to obtain the necessary approvals.

Please note that you cannot start working for the new employer until USCIS approves your E3 change of employer petition. You can expedite the E3 visa transfer process to a new employer by paying an additional fee for 15 business days premium processing through USCIS.

Our experienced E3 visa attorney can help you determine the best strategy for filing your E3 visa change of employer application.

Key Benefits of E3 Visa

The E3 visa offers a range of benefits for Australian professionals seeking employment in the United States:

Exclusive Access: The E3 visa is designed only for Australian citizens.
Flexible Employment: You can work full-time or part-time for multiple US employers.
Family Benefits: Bring your spouse and unmarried children under 21 to the US.
Spouse Work Authorization: Your spouse has unrestricted right to work in the United States and can pursue employment opportunities, including self-employment.
Education for Children: Your children can attend US schools and universities.
Travel Flexibility: Enjoy the freedom to travel internationally.
Visa Renewals: Your E3 visa can be renewed indefinitely.
Faster Processing: Often quicker processing times compared to H-1B visas. Utilize premium processing to expedite your application at USCIS, if needed.
No Visa Lottery: The E3 visa offers a more straightforward path to the US compared to the H-1B visa. Unlike the H-1B, there’s no annual lottery, so you don’t have to compete with a large pool of applicants.

E3 Visa Extension

E-3 visas are initially granted for two years but can be extended indefinitely.

You have two options to extend your E3 visa:

USCIS Extension: Your employer can file a two-year extension with USCIS while in the US. If you choose to file an extension, you’ll have a 240-day grace period to continue working while your application is being processed. To expedite the E3 visa extension process, you can opt for premium processing through USCIS. This can significantly reduce the processing time to maximum 15 business days.
Renewal at US Consulate: You can apply for a new two-year E3 visa at ta US Consulate.

E3 Visa Dependents: Spouse and Children

Spouse Work Authorization: Spouses of E3 visa holders are eligible to work in the United States, while children are not. Spouses do not need to obtain work authorization because they are authorized to work incident to status.
Children’s Education: Unmarried children under 21 can attend US schools.
Visa Validity and Entry: E3 visa holders can bring their spouses and children to the US on E3 dependent visas. These visas are typically valid for two years and can be renewed multiple times.
Benefits: E3 visa dependents, including spouses and children, are not subject to the annual visa cap. They also do not need to be Australian citizens and will receive the same visa benefits as the primary E3 visa holder – same E3 visa validity, number of entries, and reciprocity fee, if any.

Our E3 Visa Lawyer can assist

By following these steps and understanding the E3 visa requirements, you can increase your chances of successfully pursuing your career goals in the United States.

Our E3 visa lawyers USA can assist you with preparing and filing an E3 visa petition with USCIS or the U.S. Consulate or Embassy.

We serve companies and individuals across all 50 states, the District of Columbia and Puerto Rico.

Contact us or schedule a consultation.

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