The E-3 status applies only to Australian nationals coming to the U.S. for employment in a specialty occupation. The specialty occupation must require highly specialized knowledge and a bachelor's degree or higher. The initial period of stay for E-3 holders is two years, with up to two years per extension and no maximum number of extensions, with some exceptions.
E-3 Qualifications
- Must be an Australian national
- Must have an offer of employment in the U.S.
- Must possess the necessary academic or qualifying credentials
- Must fill a position in a specialty occupation
Applying for an E-3 Visa from Within the U.S.
You must file Form I-129, Petition for Nonimmigrant Worker, to apply for a change of status to or an extension of stay in the E-3 category. Your Form I-129 should include:
- A Labor Condition Application (LCA) which supports the E-3 classification
- Academic or professional credentials proving qualifications for the position
- Job offer or other documentation from employer establishing that the job is a specialty occupation and that you will be paid the higher of the actual or prevailing wage
- If required, you must have the necessary license or other official documentation necessary to practice the specialty occupation
Period and Extension of Stay
The initial period of stay is 2 years. You may extend your stay up to 2 years per extension. There is no maximum number of extensions, with some exceptions.
E-3 Family Visas
Spouses and unmarried children under 21 are eligible for dependent E-3 classification. Children of E-3 workers may not work in the U.S. However, spouses may request an employment authorization document to present to employers as evidence of identity and employment authorization.
