E-3 Visa for Professionals from Australia
The E-3 visa for professionals from Australia was established by the REAL ID Act of 2005 and is designed to allow Australian nationals to enter the United States to perform services within a specialty occupation. This is a very specific nonimmigrant visa that is typically granted for no more than two years. However, extensions of stay may be granted indefinitely in increments that do not exceed two years. For Australian professionals interested in coming to the United States with an E-3 visa, it is imperative the employer demonstrates that the position for which the E-3 is being filed is indeed a ‘specialty occupation’.
A specialty occupation is one that requires theoretical and practical application of a body of highly specialized knowledge and attainment of a bachelor’s degree or higher in the specific specialty. This is a minimum requirement for entry into the occupation in the United States.
E-3 Visa for Professionals Eligibility Requirements
During each fiscal year running from October 1 to September 30, U.S. Citizen & Immigration Services (CIS) allows up to 10,500 foreign nationals to receive initial E-3 status. Here is a look at some of the eligibility requirements for professionals from Australia interested in obtaining E-3 status and coming to the United States to work in a specialty occupation:
- Must be a national of Australia
- Must have a legitimate offer of employment in the United States
- Must possess the necessary academic or other qualifying credentials
- Must fill a position that qualifies as a specialty occupation
In addition to the above, the following should be kept in mind when applying for E-3 status:
- The spouse and an unmarried child below the age of 21 can accompany the E-3 beneficiary, regardless of their nationality
- Unlike the dependent of an alien in H-1B nonimmigrant classification, the dependent spouse of an E-3 worker may apply for and receive work authorization
- E-3 is a separate classification from the H-1B classification, meaning the additional fee required for H-1B does not apply to E-3 applicants
