The E-3 visa is a unique non-immigrant visa category in the United States specifically designated for citizens of Australia. It allows Australian nationals to work in the U.S. in specialty occupations. Here’s an overview of the E-3 visa category:
- Eligibility: To qualify for an E-3 visa, the applicant must meet the following criteria:
- Citizenship: The applicant must be a citizen of Australia.
- Specialty Occupation: The applicant must have a job offer from a U.S. employer for a position that qualifies as a “specialty occupation.” A specialty occupation is defined as one that requires a theoretical and practical application of a body of specialized knowledge and a bachelor’s degree or higher in a specific field as a minimum requirement for entry into the occupation.
- Educational Qualifications: The applicant must possess the necessary educational qualifications or relevant work experience required for the specialty occupation.
- Labor Condition Application (LCA): The U.S. employer must obtain a certified Labor Condition Application (LCA) from the Department of Labor (DOL) attesting to the fact that the employment of the E-3 visa holder will not adversely affect the wages and working conditions of similarly employed U.S. workers.
- Application Process: The process for obtaining an E-3 visa typically involves the following steps:
- Job Offer: The applicant receives a job offer from a U.S. employer for a position that qualifies as a specialty occupation.
- Labor Condition Application (LCA): The employer obtains a certified Labor Condition Application (LCA) from the Department of Labor (DOL).
- Visa Application: The applicant applies for an E-3 visa at a U.S. consulate or embassy abroad. The application includes forms, supporting documents, and evidence of eligibility.
- Interview: The applicant attends an interview at the U.S. consulate or embassy as part of the visa application process.
- Duration of Stay: E-3 visa holders can initially stay in the U.S. for a period of up to two years, with extensions available in increments of up to two years as long as the applicant continues to work in a specialty occupation and maintains eligibility.
- Spouse and Dependents: Spouses and unmarried children under 21 years of age of E-3 visa holders are eligible to accompany or join the principal visa holder in the U.S. under the E-3D derivative visa category. Spouses of E-3 visa holders are eligible to apply for work authorization in the U.S.
Overall, the E-3 visa provides a unique opportunity for Australian citizens to work in the U.S. in specialty occupations, similar to the H-1B visa category, but with specific provisions tailored to Australian nationals.