E-3 Visas - For Australian Citizens Only
The E-3 visa program allows US employers to file for a temporary (non-immigrant) visa for an employee that meets certain educational and occupational standards. The minimum requirement for an E-3 visa is that the employee have a Bachelor's degree (from either a US or foreign university) or experience in an area of specialized knowledge and that the job offered is a "specialty occupation" (same definition as an H1B visa) that requires that specific Bachelor's degree or area of specialized knowledge. It is also possible for a prospective employee that lacks a Bachelor's degree to be found to have the equivalent of a Bachelor's degree using a combination of experience and education.
E-3 visas are generally obtained in two-year to five-year increments. The visa may be extended indefinitely. Unlike the H4 visas utilized by spouses of H1B visa holders, spouses of E3 visa holders may work in the United States.
At the most basic level, to qualify for an E-3 visa, an applicant must demonstrate:
- that he or she has a legitimate offer of employment in the United States
- that the position he or she is coming to fill qualifies as specialty occupation employment
- that he or she is an Australian citizen
- that he or she has the necessary academic or other qualifying credentials
- that his or her stay will be temporary
Showing that you meet all of these requirements can be a complicated process and it is advisable that you use an experienced attorney to guide you through the process.
Contact our office with any questions about the E-3 visa process. We offer free email or phone consultations and can help you successfully meet the legal and technical requirements of the E3 visa.