- The E-3 nonimmigrant visa category applies only to nationals of Australia, which allows the beneficiary coming temporarily to the U.S. to perform services in a specialty occupation.
- Although the E-3 has characteristics that are the same as H-1Bs, it is a separate visa with separate benefits and requirements. For example, E-3 spouse may work.
- The beneficiary must be the nationals of Australia;
- The beneficiary must have a legitimate offer of employment in the U.S.;
- The petitioner must submit a Labor Condition Application (LCA) and will pay at least the prevailing wage to the beneficiary;
- The beneficiary possesses at lease a bachelor’s degree, or its equivalent; and
- The beneficiary will fill a position that qualifies as a “specialty occupation”, which requires theoretical and practical application of a body of knowledge in professional fields.
Period of Stay:
- The initial period of stay is up to 2 years. May extend status indefinitely in increments of up to 2 years each.
- Although regulations do not limit the duration of E-3 status, it is a nonimmigrant status and does not permit “dual-intent” (intent to immigrate).
Change of Employment:
- Change of Employment is allowed.
- The new employer must file a new LCA and a new E-3 visa application.
- The gap between the jobs must be 10 days or less.
- Spouse and unmarried children under the age of 21 may come to the U.S. under E-3 status, and they do not need to be Australian nationals.
- Spouse is permitted to work, but not children.