A. General

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The E-3 Visa is a special U.S. work visa for Australian nationals.

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Our attorneys have processed a large number of petitions for U.S. work visas including E-3.

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One of our attorneys, John Lee, is licensed as a solicitor and barrister in New South Wales, Australia as well as an attorney at law of the State of New York, U.S.A.  He is familiar with the basics of the Australian migration laws as well as the U.S. immigration laws.

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We currently have our contact office in Sydney, New South Wales, as well as our five offices and contact offices in New York, Los Angeles, Houston (TX), Austin (TX) and Hagåtña (GU), which will conveniently serve the needs of our clients in Australia and in various parts of the U.S.

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For immediate questions or assistance with immigration law matters, please contact our attorney at the following.  The direct contact information of our attorneys is provided at the bottom of this page.

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B. Requirements

 

The requirements for E-3 Visa include the following:

 

1. The applicant (beneficiary) must be an Australian national. (Australian permanent residents without an Australian nationality are not eligible.)

 

2. The applicant should hold a bachelor’s degree, or equivalent (education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and recognition of expertise in the specialty through progressively responsible positions directly related to the specialty).

 

3. The job must be of a type which requires a professional in a specialty occupation

⇒ The “specialty occupation” refers to an occupation which requires theoretical and practical application of highly specialized knowledge  in  fields of human endeavor, which also requires the attainment of a bachelor’s degree or higher in a specific specialty, or its equivalent.

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C. Period of Stay

 

An applicant will be eligible to stay and work in the U.S. for 2 years each time he/she receives an E-3 Visa status, which he/she will be able to keep extending in the increments of 2 years.There is no maximum number of extensions, as long as the applicant continues to work for the employer and satisfies all the requirements of E-3 Visa.

 

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D. Method of Application

 

After obtaining a Labor Condition Application (“LCA”) from the U.S. Department of Labor, you can complete the procedure and obtain E-3 Visa in either of the following 2 ways:

 

1. By filing an I-129 Form and its supporting documents with the United States Citizenship and Immigration Services (“USCIS”):

⇒ You will be eligible to do this only if you are in the U.S. with another nonimmigrant visa status.  However, those admitted under the Visa  Waiver Program are not in a qualifying status and cannot adjust E-3 inside the U.S.

 

2. Through an interview at a U.S. Consulate outside the U.S.:

⇒ The U.S. Consulates in some countries are not familiar with E-3 Visa, and the E-3 Visa interview process at these Consulates can incur significant delays.  Therefore, it is important to select the Consulates which have experience in E-3 Visas.  Usually the U.S. Consulates in Australia, Europe and the countries in the vicinity of the U.S. are known to be familiar with E-3 Visa.

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E. Application Procedure

 

The general procedure for an E-3 Visa application is as follows:

 

1. Obtain the Labor Condition Application (“LCA”) through the U.S. Department of Labor.

 

2. When the LCA becomes certified (which takes about 7 days), you will receive a Certified ETA9035.

 

3. After this, you can apply for the E-3 Visa either by filing a petition within the U.S. (if you are in the U.S. with anther nonimmigrant visa status) or through an interview at the U.S. Consulate, as mentioned above.  An overview of each of these procedures is as follows:

 

(1) If you are filing within the U.S., you will need to prepare and file the “I-129” Form and its supporting documents at the Vermont Service Center of USCIS.

 

(2) If you are applying through an interview at a U.S. Consulate, you will need to (i) prepare the online “DS-160” Form, (ii) schedule an appointment for an interview with the U.S. Consulate online, and (iii) appear at the interview with the required documents.

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F. Required Documents

 

The documents required for an E-3 Visa application include the following:

 

• Certified LCA

• Degree certification and evaluation

• Job description for the position

• Statement in support from the sponsoring company

• Documentation about the sponsoring company including its financial documents and promotional materials

• Passport and previous U.S. visas.

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G. Spouse and Children

 

The spouse and children of an E-3 Visa holder are eligible for “E-3D” Visa as dependent family members of the E-3 Visa holder.

 

The spouse will be able to work in the United States after obtaining an employment authorization from USCIS.He/she can apply for the employment authorization by filing an “I-765” Form.

 

The spouse or child can apply for E-3D in either of the following ways:

 

(1) By filing an “I-539” Form, if the spouse/child is in the U.S. with another nonimmigrant visa status

 

(2) Through an interview at a U.S. Consulate outside the U.S.

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H. Frequently Asked Interview Questions

 

The following are the most frequent questions which many E-3 Visa applicants were asked in Consulate interview:

 

1. What is your academic degree?

2. What does the employer do?

3. What will be your responsibilities in the company?

4. What will be your title within the company?

5. How much is your salary?

6. What have you done previously in your work?

7. Have you ever had an E-3 Visa before?

 

As the interviewing officer may ask you some detailed questions about the supporting documents, you will need to familiarise yourself with the content of the submitted documents before the interview.

 

In addition, although the above questions are most frequent questions at an interview, sometimes the interviewing officer can ask you some difficult questions such as how you will be living in the U.S. if your salary is not high enough.  Therefore, you will need to have a thorough practice before the interview, which our attorneys will be helping you with.

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I. Frequent Reasons for a Denial

 

Although an E-3 Visa application can be denied for various reasons, the most frequent reasons are known to be the following:

 

1. The employer does not seem to have sufficient financial ability to pay the applicant’s salary.

2. The applicant’s academic background or work experience do not seem to match the type of job for the employer.

3. There are some issues in LCA.

4. The applicant seems to have an immigrant intent. (This will raise a problem because E-3 Visa is not a “dual intent visa” which allows an immigrant intent.  One of the most frequent reasons for an E-3 Visa denial was the applicant’s previous record of permanent residency application.)

 

In addition to the above, the interviewing officers at U.S. Consulates denied a number of E-3 Visa applications for the reason that the alleged employer looked more like a recruitment agent than an actual employer.To prevent the officer from denying your application for this reason, the documents evidencing a strong employer-employee relationship must be submitted, which will include the employment contract or employment letter and their supporting documents indicating the following:

 

1. The employer will pay you fixed wages on regular basis.

2. Your working hours are fixed.

3. The employer will be training you directly and constantly commanding and supervising your job performance.

4. The employer will be withholding a part of the federal income taxes, social security taxes and Medicare taxes from your wages, as the Inland Revenue Service requires from most employers.(https://www.irs.gov/businesses/small-businesses-self-employed/understanding-employment-taxes)

5. The employer will provide you with various benefits including insurance, pension plan, vacation pay and sick pay.

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J. Our Services

 

Our firm assists our clients with the entire process of their E-3 Visa applications including filing of LCA, I-129 and DS-160, and we also provide our clients with a practice for their interview at the U.S. Consulate.

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K. Other Options Than E-3

 

If you are not able to satisfy any of the E-3 Visa requirements or an E-3 Visa is not a suitable option for you for any reason, there are various other options to allow you to work for your employer legally in the U.S. For detailed information regarding these options, please click