E-3 Visa for Australians
E-3 Visas
The E-3 is a new visa for Australian nationals to work in specialty occupations in the U.S. It has many advantages over the other types of working visas, including the ability for spouses of E-3 recipients to apply for work authorization.
E-3 REQUIREMENTS
Background
a. The E-3 visa classification ("treaty alien in a specialty occupation") was the result of Public Law 109-13, entitled "The Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005" (May 11, 2005). The new law added paragraph (iii) to INA 101(a)(15)(E), establishing a visa classification for treaty aliens in specialty occupations.
b. The new law allows for the temporary entry of Australian professionals to perform services in a “specialty occupation” for a U.S. employer. The temporary entry of nonimmigrants in specialty occupations is provided for at Section 501 of Public Law 109-13. The law establishes a new category of temporary entry for nonimmigrant professionals, the E-3 category. Unlike the current E-1 and E-2 visas, the E-3 visa is not limited to employment that is directly related to international trade and investment. Subject to the requirements discussed herein, E-3 visa holders are eligible to work for any employer in the United States. Dependent spouses and children accompanying or following to join are also eligible for temporary entry.
c. To qualify for an E-3 visa, an alien must:
(1) Present an approved Labor Condition Application (LCA) issued by the Department of Labor (DOL);
(2) Demonstrate that the prospective employment meets the standard of being “specialty occupation employment” (see 9 FAM
(3) Show that the necessary academic qualifications for the job have been met (see 9 FAM N16.7);
(4) Convince the consular officer that the proposed stay in the United States will be temporary (see 9 FAM N16.6); and
(5) Provide evidence of a license or other official permission to practice in the specialty occupation if required as a condition for the employment sought (see 9 FAM N16.7). In certain cases, where such license or other official permission is not required immediately, an alien must demonstrate that he or she will obtain such licensure or permission within a reasonable period of time following admission to the United States.
d. A maximum of 10,500 E-3 visas can be issued annually.
What is Needed to Qualify for a Specialty Occupation Visa
Principals
A treaty alien in a specialty occupation must meet the general academic and occupational requirements for the position pursuant to INA 214(i)
(1). In addition to the nonimmigrant visa (NIV) application, the following documentary evidence must be submitted in connection with an application for an E-3 visa:
a. A completed Form ETA-9035, Labor Condition Application for Nonimmigrant Workers (formerly, Labor Condition Application for H-1B Nonimmigrants), certified by the Department of Labor (DOL). For a number of months following the initial enactment and implementation of the E-3 program, the pre-printed Form ETA-9035 did not include an option for the E-3 program. Therefore, DOL required employers filing for E-3 certification to clearly annotate the form as “E-3 - Australia - to be processed”, and consular officers receiving certified Labor Condition Applications (LCA) for the E-3 program would have seen this handwritten designation at the top of the LCA page. However, since then, the preprinted form has been updated to include an option for E-3. In addition, the name of Form ETA-9035 has been changed from Labor Condition Application for H-1B Nonimmigrants to Labor Condition Application for Nonimmigrant Workers. Further, DOL has integrated E-3 into its LCA online system, so E-3 LCAs may now be filed electronically. Consequently, you should expect to see a pre-printed form that:
(1) Includes an option for E-3; and
(2) Is likely to have been filed electronically.
The DOL official authorized to issue the certification is John R. Beverly, III, Administrator of the Office of National Programs within the Employment and Training Administration.
Evidence of academic or other qualifying credentials as required under INA 214(i)(1), and a job offer letter or other documentation from the employer establishing that upon entry into the United States the applicant will be engaged in qualifying work in a specialty occupation and that the alien will be paid the actual or prevailing wage referred to in INA 212(t)(1). A certified copy of the foreign degree and evidence that it is equivalent to the required U.S. degree could be used to satisfy the “qualifying credentials” requirement. Likewise, a certified copy of a U.S. baccalaureate or higher degree, as required by the specialty occupation, would meet the minimum evidentiary standard.
In the absence of an academic or other qualifying credential(s), evidence of education and experience that is equivalent to the required U.S. degree.
Evidence establishing that the applicant’s stay in the United States will be temporary.
A certified copy of any required license or other official permission to practice the occupation in the state of intended employment if so required or, where licensure is not necessary to commence immediately the intended specialty occupation employment upon admission, evidence that the alien will be obtaining the required license within a reasonable time after admission.
Evidence of payment of the Machine Readable Visa (MRV) fee or provide proof of payment.
Spouses and Children
To establish qualification for E-3 classification as the spouse or child of an E3 alien, you may accept whatever reasonable evidence is persuasive to establish the required qualifying relationship. The presentation of a certified copy of a marriage or birth certificate is not mandatory if you are otherwise satisfied that the necessary relationship actually exists.
Labor Condition Application (LCA) from the Department of Labor (DOL) Required
Filing of Form ETA-9035
For all prospective E-3 hires, employers must submit a Labor Condition Application (LCA) to the Department of Labor (DOL) containing attestations relating to wages and working conditions.
DOL has two methods for submitting LCAs for approval. For H-1B, H1B1, and E-3 cases, employers can file LCAs electronically or through the mail to DOL’s National Office in Washington, DC. (Previously, there was an option to submit LCAs by fax. That option never applied to the E-3 program, and has now been eliminated.). The address for mailed-in E-3 applications is:
United States Department of Labor
Employment and Training Administration Division of Foreign Labor Certification Temporary Programs – Room C-4312 200 Constitution Avenue, N.W. Washington, DC 20210.
The Form ETA9035 that is filed by mail to seek DOL certification under the E-3 program should not be confused with the Form ETA-9035E, which is four pages long and is the electronic version of the LCA.
No Petition Filing with DHS Required
An employer of an E-3 treaty alien in a specialty occupation is not required to file a petition with DHS. Instead, a prospective employee will present evidence for classification, including the approved Form ETA-9035, directly to the consular officer at the time of visa application.
Definition of Specialty Occupation
The E-3 category provides for the issuance of visas solely to E-3 qualifying nationals performing employment within a “specialty occupation”. The definition of “specialty occupation” is one that requires:
A theoretical and practical application of a body of specialized knowledge;
The attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States; and
In determining whether an occupation qualifies as a “specialty occupation”, follow the definition contained at INA 214(i)(1) for H-1B nonimmigrants and applicable standards and criteria determined by the Department of Homeland Security (DHS) and legacy Immigration and Naturalization Service (legacy INS).
Determining “Specialty Occupation” Qualification
Deciding if the Proposed Employment is a “Specialty Occupation”
Although the term “specialty occupation” is specifically defined at INA 214(i)(1), and further elaborated upon in DHS’s regulations (8 CFR 214.2(h)(4)(iii)(A)), consular determinations of what qualifies as a “specialty occupation” will often come down to a judgment call by the adjudicating consular officer. You must examine the alien’s qualifications, including his or her education and experience, and also determine whether the job itself falls within the definition of “specialty occupation.” In this regard, you should consider the available offer of employment and the information obtained during the interview, and then on the basis of this information, make a reasoned evaluation whether or not the offer of employment is for a “specialty occupation.” Then you must be sure that the applicant has the required degree, or equivalency of experience and education, to adequately perform the stipulated job duties. 9 FAM 41.51 Exhibit II provides relevant excerpts from DHS’s Adjudicator’s Field Manual (Chapter 31.3(g)) discussing in depth the criteria used by DHS adjudicators in determining H-1B classification involving a “specialty occupation.” It is a useful guide for adjudicating E-3 cases.
Intent to Depart Upon Termination of Status
Temporary entry for treaty aliens in specialty occupations is the same standard used for treaty traders/investors.
The alien’s expression of an unequivocal intent to return when the E-3 status ends is normally sufficient, in the absence of specific evidence that the alien’s intent is to the contrary.
The applicant must satisfy you that he or she plans to depart the United States upon termination of status; however, he or she does not need to establish intent to proceed to the United States for a specific temporary period of time. Nor does an applicant for an E-3 visa need to have a residence in a foreign country that the applicant does not intend to abandon.
The alien may sell his or her residence and move all household effects to the United States.
An E-3 applicant may be a beneficiary of an immigrant visa (IV) petition filed on his or her behalf (9 FAM 41.54 N4 discusses this situation in greater detail).
E-3 Licensing Requirements
An E-3 alien must meet academic and occupational requirements, including licensure where appropriate, for admission into the United States in a specialty occupation. If the job requires licensure or other official permission to perform the specialty occupation, the applicant must submit proof of the requisite license or permission before the E-3 visa may be granted. In certain cases, where such a license or other official permission is not immediately required to perform the duties described in the visa application, the alien must show that he or she will obtain such licensure within a reasonable period of time following admission to the United States. However, as illustrated in the example in paragraph (b)(4) below, in other instances, an alien will be required to present proof of actual licensure or permission to practice prior to visa issuance. In all cases, an alien must show that he or she meets the minimum eligibility requirements to obtain such licensure or sit for such licensure examination (e.g., he or she must have the requisite degree and/or experience). Even when not required to engage in the employment specified in the visa application, a visa applicant may provide proof of licensure to practice in a given profession in the United States together with a job offer letter, or other documentation, in support of an application for an E-3 visa.
The following examples are illustrative:
(1) An alien is seeking an E-3 visa in order to work as a law clerk at a U.S.-based law firm. The alien may, if otherwise eligible, be granted an E-3 visa if it can be shown that the position of unlicensed law clerk is a specialty occupation, even if he or she has not been admitted to the bar.
(2) An alien has a job offer from a law firm promising him or her a position as an associate if the alien passes the bar exam. The application indicates that the position in question meets the definition of a specialty occupation. The alien may apply for an E-3 visa even if he or she will not be immediately employed in the position offered, but will be studying for the bar examination upon admission to the United States. You may issue the visa if you are satisfied that the alien will be taking steps to obtain bar admission within a reasonable period of time following admission to the United States. What constitutes a reasonable period of time will depend on the specific facts presented, such as licensure examination schedules and bar preparation course schedules.
(3) An alien does not have a job offer, but wishes to study for the bar upon admission to the United States with the hope of finding a position at a United States-based law firm. The alien would not be eligible for E-3 classification, since he or she would not be coming to work in a specialty occupation. This person would be required to obtain another type of visa, such as a B-1, in order to study for the bar in this country.
(4) An alien has an offer for employer with a law firm as a litigator, and is to begin working within two weeks of entry into the United States. The applicant must demonstrate that he or she has been admitted to the appropriate bar, or otherwise has obtained permission from the respective jurisdiction or jurisdictions where he or she intends to practice to make court appearances.
Numerical Limitation on E-3 Visas
Only E-3 principals who are initially being issued E-3 visas, or who are otherwise initially obtaining E-3 status (in the United States), are subject to the 10,500 annual numerical limitation provisions of INA 214(g)(11)(B). Consequently, spouses and children of E-3 principals, as well as returning E-3 principals who are being issued new E-3 visas, are exempt from the annual numerical limit (see “b” and “c” immediately below).
An E-3 principal who is applying for a new visa following the expiration of the initial E-3 visa, or who is applying for a visa after initially obtaining E-3 status in the United States, is not subject to the annual E-3 numerical limit, provided it is established to the satisfaction of the consular officer that there has been uninterrupted continuity of employment. “Uninterrupted continuity of employment” means that the applicant has worked, and continues to work, for the U.S.-based employer who submitted the original Labor Condition Application (LCA) and offer of employment. To ensure that such applicants are not counted against any subsequent numerical limit, returning E-3 principals will be identified by the visa code “E-3R” (with “R” representing the status of “returning”).
To ensure that the spouse and children of E-3 principals are not counted against the numerical limit, they will be identified by the visa code “E-3D” (with “D” representing the status of “dependent”).
At the end of each fiscal year, any unused E-3 numbers are forfeited; such visa numbers do not carry over to the next fiscal year.
The Department of State will keep count of the number of E-3 visas issued, and of changes of status to E-3 in the United States as reported by the Department of Homeland Security (DHS). If it appears that the 10,500 annual numerical limit will be reached in any fiscal year, the Department of State will instruct posts to cease E-3 issuances for that fiscal year.
Validity of Issued Visa
The validity of the visa should not exceed the validity period of the LCA. The Department of State and DHS have agreed to a 24-month maximum validity period for E-3 visas.
Initial Authorized Period of Stay for E-3 Applicants
E-3 applicants are admitted for a two-year period renewable indefinitely, provided the alien is able to demonstrate that he or she does not intend to remain or work permanently in the United States.
E-3 Fees
Other than the normal visa-related Machine Readable Visa (MRV) fees, there is no other fee associated with the issuance of an E-3 visa.
U.S. Department of State Foreign Affairs Manual Volume 9 - Visas
Reports of Cancelled or Revoked E-3 Visas
In the event an E-3 visa is cancelled or revoked prior to the applicant’s entry into the United States, a report should be sent to VO/F/I explaining the circumstances attendant to the non-use of the E-3 number. In cases where the E-3 number has not be used, it will be added back into the remaining pool of unused E-3 visa numbers for that fiscal year.
Annotation of E-3 Visas
Annotate E-3 visas with the name of the employer, and the LCA’s issuance date and ETA case number (appears on the signature line at the bottom of page 3 of the Form ETA-9035).
Part-Time Employment by E-3 Appilcants
An E-3 worker may work full or part-time and remain in status based upon the attestations made on the LCA. Section C.4 on the LCA provides the option to request part time employment and DOL approves LCAs for part-time employment. Although there isn’t anything specifically stated in the law/regulation about full-time employment for E-3s, you will need to evaluate the public charge ramifications for any E-3 applicant planning on coming to the United States as a part-time employee.
SPOUSE AND CHILDREN OF E VISA ALIENS
Spouse and Children of E Visa Aliens Entitled to Derivative Status
The spouse and children of an E visa alien accompanying or following to join the principal alien are entitled to derivative status in the same classification as the principal alien.
Spouse and Children of E-3 Aliens Not Subject to Numerical Limitation
The spouse and children of E-3 principals are classifiable as E-3’s, using the visa code E-3D. They are not counted against the 10,500 annual numerical limitation described at INA 214(g)(11)(B).
EMPLOYMENT BY SPOUSE OF E VISA ALIENS
INA 214(e)(6) permits the spouse (but not other dependents) of a principal E nonimmigrant to engage in employment in the United States. The spouse of a qualified E nonimmigrant may, upon admission to the United States, apply with the DHS for an employment authorization document, which an employer could use to verify the spouse’s employment eligibility. Such spousal employment may be in a position other than a specialty occupation.
SPECIAL NOTE ABOUT H-1B PETITIONS
The numerical cap for the allocation of visa numbers under the H-1B classification has already been reached for fiscal year 2006. Consequently, it is likely that there will be numerous Australian H-1B applicants who will have approved Labor Condition Application’s (LCA) but whose petitions for H-1B status inevitably will be returned unapproved by the DHS for lack of an available H-1B visa number. Currently, posts are not permitted to accept LCAs approved based upon H-1B-related offers of employment. Rather, the United States employer must submit a new LCA request to DOL and receive a separate E-3-based LCA approval for any employee possessing a previously approved H-1B-based LCA.
Frequently Asked Questions
What is an E-3 Visa?
The E-3 is a new visa category only for Australians going to the U.S. to work temporarily in a specialty occupation.
Who qualifies for the E-3 visa?
The new E-3 visa classification currently applies only to nationals of Australia as well as their spouses and children. E-3 principal applicants must be going to the United States solely to work in a specialty occupation. The spouse and children need not be Australian citizens. However the U.S. does not recognize De Facto relationships or same-sex Civil Partnerships for the purposes of immigration, and to qualify as a spouse you will need a marriage certificate from the Department of Births, Deaths and Marriages.
I am a permanent resident of Australia but don’t have citizenship. Can I apply for an E-3 visa?
No. E-3 visas are only available for Australian nationals. If you are a new Australian citizen or are in the process of becoming one, please note that you will need to possess an Australian passport by the time of your visa interview.
Is there an upper age limit for applicants?
No, there is no upper age limit.
Do I have to find a job in the U.S. first before applying for an E-3 visa?
Yes. You need to have a job offer from the U.S. before you can apply for the E-3 visa.
Can I go to the U.S. to find a job and then apply for the E-3 visa from there?
No. You cannot apply for an E-3 visa from within the U.S.
Can I travel to the U.S. on the Visa Waiver Program to find a job or attend interviews and then apply for the E-3 visa once I return to Australia?
Yes, you can travel on the Visa Waiver Program (VWP) if you meet the requirements (please see our page on the Visa Waiver Program). If you do not meet the VWP requirements, you may be eligible to travel on the B-1/B-2 Combined Visa for Business or Pleasure.
You must leave the U.S. before applying for your E-3 visa.
Can I apply for an E-3 visa from outside Australia?
Yes. You can apply at any U.S. Embassy or Consulate which processes nonimmigrant petition-based visas, but you cannot apply from within the U.S.
A list of U.S. Embassies and Consulates worldwide can be found on usembassy.state.gov.
A guide to interview wait times and visa processing times worldwide can be found on travel.state.gov.
However, please contact the U.S. Consulate or Embassy where you plan to apply to check that they accept applications from non-residents, and for details of how to book an interview and current processing times, as these will vary from post to post.
Can I apply at any U.S. Consulate in Australia?
Yes. You may apply in Sydney, Melbourne, or Perth
What is a specialty occupation?
The definition of “specialty occupation” is one that requires:
1. A theoretical and practical application of a body of specialized knowledge; and
2. The attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.
In determining whether an occupation qualifies as a “specialty occupation,” follow the definition contained in the Immigration and Nationality Act (INA) 214 (i)(1) for H-1B non-immigrants and applicable standards and criteria determined by the Department of Homeland Security (DHS) and United States Citizenship and Immigration Service (USCIS). Please see www.uscis.gov.
Although there is no definitive list of occupations eligible for the E3 visa, a useful general guide for applicants to check if their occupation might be considered a graduate specialty profession and thus might be eligible for an E3 visa, is the Occupational Information Network website O*NET Online.
New I have a degree and have found a job in a related profession in the U.S. Do I qualify for the E-3 visa?
Only if the job you plan to work in actually requires a minimum of a bachelor’s degree in a specialty occupation. It is not enough that an E-3 applicant holds a particular degree; the job itself must also require a bachelor-level or higher qualification. For example, someone with a degree in Business Studies planning to work as a Personal Assistant would not be eligible for the E-3 unless the job actually required a bachelor-level qualification.
New I am a skilled tradesperson with qualifications and experience in plumbing/electrical work/carpentry for example. Do these kind of trades qualify as specialty occupations for the E-3 visa?
Not generally, because a requirement of the E-3 visa is that the job in the U.S. requires a minimum of a bachelor’s degree in a specialty occupation. As very few trade positions require a degree, they are not appropriate for E-3 visa employment.
Do I need a license for a specialty occupation?
An E-3 alien must meet academic and occupational requirements, including licensure where appropriate, for admission into the United States in a specialty occupation. If the job requires licensure or other official permission to perform the specialty occupation, the applicant must submit proof of the requisite license or permission before the E-3 visa may be granted. In certain cases where such a license or other official permission is not immediately required to perform the duties described in the visa application, the alien must show that he or she will obtain such licensure within a reasonable period of time following admission to the United States.
Do I need a petition by my employer to the Department of Homeland Security (DHS)?
No, the United States-based employer of an E-3 principal is not required to submit a petition to the Department of Homeland Security as a prerequisite for visa issuance. However, the employer must obtain a Labor Condition Application (LCA), ETA Form 9035 or ETA Form 9035E, from the Department of Labor.
How long is the visa valid?
The validity of the visa should not exceed the validity period of the LCA. The Department of State and DHS have agreed to a 24-month maximum validity period for E-3 visas. This validity may be renewed.
What is the fee for an E-3 visa?
Other than the normal non-refundable worldwide visa application fee of US$100, there is no special fee for an E-3 visa.
Is there a limit to the number of E-3 visas?
Yes, there will be a maximum of 10,500 E-3 visas issued annually during each fiscal year, which runs from October 1st to September 30. We will advise on the website when the quota has been reached, it has not yet been reached for the U.S. fiscal year ending 30 September 2007. Spouses and children of applicants do not count against the quota, neither do applicants extending their E3 visas whilst still in the U.S. and working for the same employer.
Do applicants need to demonstrate a “residence abroad?”
E-3 status provides for entry on a non-permanent basis into the United States. Similar to E-1 and E-2 visa applicants, the E-3 must satisfy the consular officer that s/he intends to depart upon termination of status.
How do I demonstrate that I qualify for an E-3D (dependent) visa?
You must demonstrate to the consular officer that the established relationship exists. Usually this can be accomplished with a marriage certificate for spouses or a birth certificate for dependent children. Please note that the U.S. does not recognize De Facto relationships or same-sex Civil Partnerships, and to qualify as a spouse you will need a marriage certificate from the Department of Births, Deaths and Marriages. You must also show that the principal applicant is the recipient of an E-3 visa.
What is the process to apply for an E-3D (dependent) visa?
The dependent must make a separate visa application, which involves most of the same steps as the principal applicant’s application, namely completing the required forms, paying the application fee, and scheduling a visa interview with a U.S. consular officer. Further details can be found on our page on how to apply.
The dependent does not need to provide the principal applicant’s Labor Condition Application (LCA) or evidence of employment, but needs to show that the principal applicant is the recipient of an E-3 visa by providing a copy of the visa or, if the applicant has obtained E-3 status in the U.S., the I-797 Approval Notice. The dependent can apply and arrange a visa interview at the same time as the principal applicant, or can apply and be interviewed later, once the principal applicant’s E-3 visa is issued. The principal applicant does not need to be present at the dependent’s interview. Each dependent must make a separate visa application, but children under 14 who are Australian citizens or permanent residents of Australia are not usually required to attend an interview.
May spouses work?
E-3 spouses are entitled to work in the United States and may apply for an Employment Authorization Document (Form I-765) through U.S. Citizenship and Immigration Service (USCIS). The spouse of a qualified E nonimmigrant may, upon admission to the United States, apply with the Department of Homeland Security for an employment authorization document, which an employer could use to verify the spouse’s employment eligibility. Such spousal employment may be in a position other than a specialty occupation. Please note however that the U.S. does not recognize De Facto relationships or same-sex Civil Partnerships for the purposes of immigration, and to qualify as a spouse you will need a marriage certificate from the Department of Births, Deaths and Marriages.
How long is the E-3 visa valid?
The validity of the visa should not exceed the validity period of the LCA. The Department and DHS have agreed to a 24-month maximum validity period for E-3 visas.
If I get an E-3 visa, how long before I start my job can I enter the U.S.?
You can enter the U.S. 10 days before you start your job.
How long can I stay in the U.S. after I finish my job?
You can stay 10 days after you finish your job.
Can I travel outside the U.S. while on my E-3 visa?
An E-3 visa is a multiple-entry visa, so provided you have not changed employers or made any other changes to your immigration status, you may travel outside the U.S. and reenter on a valid, unexpired E-3 visa.
If you change your employer while you are outside the U.S., you will need to obtain a new E-3 visa at a U.S. Embassy or Consulate overseas. You can apply for a new E-3 visa at most U.S. Embassies or Consulates worldwide.
A guide to wait times for interviews and visa processing times at all posts worldwide.
Please contact the U.S. Consulate or Embassy where you plan to apply to confirm that they accept applications from non-residents, and for details of how to book an interview and current processing times, as these will vary from post to post. You will need to have a visa interview, complete a new DS-156 application form, pay a new application fee and present the same supporting documents as you did for your original application (including your job offer, LCA, and educational certificates).
If you are visiting Australia and plan to apply for your new E-3 visa there, please see details of how to apply.
How long can I stay out of the U.S. if I have an E-3 visa?
There is no limit to how long you can stay outside the U.S. or how many times you can travel outside the U.S. during the validity of your E-3 visa.
Can I renew the E-3 visa? Is there a limit to the amount of times I can renew?
E-3 applicants are admitted for a two-year period renewable indefinitely, provided the alien is able to demonstrate that he/she does not intend to remain or work permanently in the U.S.
Can I change employers once I am in the U.S. and stay on the E-3 visa?
Yes, your new employer must lodge a new Labor Condition Application (LCA), and the gap between jobs must be 10 days or less.
I am already in the U.S. on an E-3 visa and want to change employers. Do I need to come back to Australia for another interview?
You do not need to have another interview or make a new visa application to change employers while you are in the U.S. on an E-3 visa. However, you must complete a transfer process through the U.S. Citizenship & Immigration Service (USCIS) in the U.S.
I am already in the U.S. on a different category of visa and want to change to an E-3 visa. What should I do?
Please contact our office to inquire about applying for a change of status.
How do I apply for an E-3 visa?
You may make your appointment for an interview as soon as you have all the documents prepared. You do not need to send your documents in advance, just take them to the interview. There is no specific application form, applicants for all nonimmigrant visas must complete the same standard application form known as the DS-156.
If applying in Australia please see our website for further details, and for links to the online visa appointment website Visapoint, and to the DS-156 application form, see our page on how to apply.
If applying outside Australia, please find a list of U.S. Consulates and Embassies overseas.
A guide to wait times for interviews and visa processing times at all posts worldwide.
How long does it take to apply?
The wait times for interview at each Consulate vary, you can check the latest timeframe for interviews in Australia on the Visapoint website whilst making an appointment.
In Australia, if an E-3 visa is approved at interview, it is normally issued within 2-3 business days. Visas and passports are returned by mail, so please also allow time for this. Applicants should bring a self-addressed registered or express post envelope to the interview. Please see our website for further details on how to apply in Australia.
If applying outside Australia, please see the FAQ above for a link to interview wait times and processing times worldwide.
What requirements and documentary evidence are needed for the application?
Submit a job offer letter from the prospective United States-based employer. A treaty alien (i.e. the Australian applicant) in a specialty occupation must meet the general academic and occupational requirements for the position pursuant to Immigration and Nationality Act (INA) 214(i)(1) (please see www.uscis.gov).
In addition to the Electronic Visa Application Form (EVAF) DS-156, completed online (http://evisaforms.state.gov/) and printed out, and, for male applicants aged between 16-45, Supplemental Application Form DS-157, the following documentary evidence must be submitted for an application for an E-3 visa:
1. Form ETA 9035, clearly annotated as “E-3 - Australia - to be processed,” or an ETA 9035E dated after January 4th, 2006, specified for E-3 Australia. Now either form is acceptable. This is the notification of an approved Labor Condition Application (LCA) that the U.S. employer obtains from the Department of Labor. You cannot book an interview appointment until you have received this form.
2. Evidence of academic or other qualifying credentials as required under Immigration and Nationality Act (INA) 214(i)(1) (see weblink above), and a job offer letter or other documentation from the employer establishing that upon entry into the United States the applicant will be engaged in qualifying work in a specialty occupation and that the alien will be paid the actual or prevailing wage referred to in INA 212(t)(1) (www.uscis.gov)If your degree and higher-level qualifications are from an Australian institution, you do not usually need to provide certified copies or evidence of their U.S. equivalent, but please bring to your visa interview the original certificates, and if possible, transcripts for the course of study. If your qualification(s) are not from an Australian institution, a certified copy of the foreign degree and evidence that it is equivalent to the required U.S. degree could be used to satisfy the “qualifying credentials” requirement, but you may prefer to wait until your visa interview to confirm whether this is necessary. You should take your original certificates and transcripts to your visa interview, and if it is also necessary to produce certified copies of certificates and evidence of U.S. equivalence, you can send these to the Consulate after the interview, although your visa will not be approved until this is received. Likewise, a certified copy of a U.S. baccalaureate or higher degree, as required by the specialty occupation, would meet the minimum evidentiary standard.
3. In the absence of an academic or other qualifying credential(s), evidence of education and experience that is equivalent to the required U.S. degree.
4. Evidence establishing that the applicant’s stay in the United States will be temporary.
5. A certified copy of any required license or other official permission to practice the occupation in the state of intended employment if so required or, where licensure is not necessary to commence immediately the intended specialty occupation employment upon admission, evidence that the alien will be obtaining the required license within a reasonable time after admission.
6. Evidence of payment of the Machine Readable Visa (MRV) Fee, also known as the application fee. This is payable at Australia Post, and applicants should bring the post office receipt to the interview as evidence of payment.
I do not hold a bachelor’s degree or higher. Can I apply for the E-3 visa based on my work experience?
U.S. Code of Federal Regulations, 8 CFR 214.2(h)(4)(iii)(D), describes the kind and amount of experience which can be used to establish the equivalency of a university degree. As a guide, three years of professional experience may generally be used as a substitute for each year of university-level education. During their visa interviews, applicants for U.S. work visas should be prepared to provide documentation outlining their work history, education, and training. A consular officer will determine whether the educational and employment information provided meets the eligibility requirements for a U.S. visa.
