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E3 Visa
Questions and Answers
(E-3 Visa For Australians)

E3 visa is a new category of E treaty visa. E3 visa allows for the admission into the United States of America of an alien who is a national of the Commonwealth of Australia, and who is entering to perform services in a "specialty occupation." This visa category was created specifically for 10,500 Australian business people and professionals seeking to live and work temporarily in the United States. The term "specialty occupation" means an occupation that requires theoretical and practical application of a body of highly specialized knowledge, and 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. The definition is the same as the Immigration and Nationality Act definition of an H1B “specialty occupation.”

What is an E-3 Visa?
The E-3 is a new visa category only for Australians coming to the US 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 coming to the United States solely to work in a specialty occupation.  The spouse and children need not be Australian citizens.

Are there other requirements for qualifying for an E-3 visa?
To qualify, applicants must meet the definition of “specialty occupation” set forth at INA 214(i)(1).  Applicants must also submit job offer letters from a United States-based employer, evidence of a Department of Labor attestation (certified ETA 9035 or 9035E), evidence of a bachelor’s degree and proof of payment of the application fee.

What is a specialty occupation?
In general, a specialty occupation is one that 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. The Department’s regulations governing E-3 visas incorporate the definitions contained in section 214(i)(1) of the Immigration and Nationality Act (INA).

May spouses work?
E-3 spouses are entitled to work in the United States and may apply for an Employment Authorization Document through USCIS. 

Is there a limit to the amount of E-3 visas?
Yes, there will be a maximum of 10,500 E-3 visas issued annually.  Spouses and children of principal applicants do not count against the numerical limitations.

Do I need a petition by my employer to the Department of Homeland Security?
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, ETA Form 9035 from the Department of Labor. 

How long will my visa be 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 application fee, there is no issuance fee.

Is there a new visa for Americans who want to work in Australia in “specialty occupations?”
The 457 visa will accommodate Americans who wish to work in Australia. We refer you to the Government of Australia for further comment.

To schedule an appointment, please refer to the U.S. Consulate General in Sydney, Australia website

The LL.M. Law Group can help obtain an E3 visa to the following applicants from the Commonwealth of Australia:

  • Nationals of the Commonwealth of Australia traveling to the United States to perform services in a "specialty occupation." Examples include scientists, engineers, research analysts, management consultants, accountants, and other professionals with a Bachelor's degree or equivalent

  • Australian business people and professionals seeking to live and work temporarily in the United States. Examples include executives, managers and specialists operating in the United States

  • Australian Nationals entering the U.S. to carry out substantial trade

  • Key personnel to manage the U.S. affiliate or branch

  • Family members of E3 visa holders

  • U.S. companies employing qualified foreign professionals for jobs that require a Bachelor's degree and specialized skills

  • Australian Nationals seeking change of status from H1B to an E3 visa  

  • Australian Nationals seeking renewal of their current E3 visa status

More information about E Visas:
E1 Treaty Trader Visa

E2 Treaty Investor Visa

Please refer to the LL.M. Law Group's immigration consultation procedures to begin.

The LL.M. Law Group will work with you to arrive at an arrangement that is fair to all concerned.



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