E-3 Australian Specialty Occupation Visa

The E-3 visa is a non-immigrant visa specifically for Australian nationals to work in the United States in specialty occupations. Here are key aspects of the E-3 visa:

• Eligibility: The E-3 visa is available to Australian citizens who are coming to the U.S. to perform services in a specialty occupation. This typically includes professions that require a bachelor's degree or higher.
• Employer Sponsorship: To obtain an E-3 visa, the applicant must have a job offer from a U.S. employer who is willing to sponsor them. The employer must file a Labor Condition Application (LCA) with the Department of Labor and submit a Form ETA-9035 with the U.S. Citizenship and Immigration Services (USCIS).
• Qualifications: The applicant must possess the necessary qualifications for the specialty occupation, which usually means holding a bachelor's degree or equivalent experience in a relevant field.
• Duration: Initially, E-3 visas are typically granted for up to two years, with the possibility of renewal indefinitely in two-year increments.
• Spouse and Dependents: E-3 visa holders' spouses and unmarried children under 21 years old may accompany them to the U.S. under the E-3D visa category. Spouses are eligible to apply for work authorization, allowing them to work for any employer in the U.S.
• Application Process: The applicant must attend an in-person interview at a U.S. embassy or consulate in Australia and provide supporting documentation, including the job offer, proof of qualifications, and evidence of ties to Australia.
• Wages and Working Conditions: Employers must pay E-3 visa holders the prevailing wage for their occupation in the area of intended employment and provide a working environment that meets labor standards.
• Transition to Permanent Residency: While the E-3 visa is a non-immigrant visa, holders may pursue permanent residency (green card) through other immigration pathways if they meet the eligibility criteria.
• Occupational Mobility: E-3 visa holders may change jobs in the U.S., but the new employer must file a new LCA and submit a new Form ETA-9035 with USCIS to ensure compliance with visa regulations.

Navigating the E-3 visa process can be complex, so it's advisable for both employers and prospective employees to seek legal advice and ensure compliance with all applicable regulations.