E-3 Specialty Occupation Eligibility Requirements
This page is dedicated to letting you know information/documentation
required for the processing of an E-3 Visa
The E-3 visa is a non-immigrant category
that allows for the admission of
a temporary employee who is a citizen of Commonwealth of Australia entering the
United States to perform service in a “specialty occupation.” This new U.S. work
visa classification is similar to the H-1B visa, but more flexible than the
H-1B.
The dependent spouse and children of an E-3 non-immigrant can also obtain E-3
non-immigrant status, though they are not Australian Citizens. These people are
entitled to E-3D visas (E-3 dependent visas). Additionally, an E-3 dependent
spouse is eligible for an employment authorization (EAD). (See
E-3 Specialty
Occupation page for more information on E-3 Visa)
To facilitate the application process (See E-3 Visa Process), we at
immspec.com provide a brief summary of eligibility or
documentation required to complete E3 petition, see the outline below. For more
information on our role in preparing paperwork;
contact us.
To qualify for an E-3 Specialty Occupation, one must meet the following
requirements:
1) Foreign National: The E-3 applicant must be a national of Australia coming to
the United States to work in a specialty occupation.
2) Specialty Occupation: E-3 specialty occupation is defined in the same way as
in the H-1B (see the section 214(i)(1) of the Immigration and Nationality Act).
This involves occupation that necessitates the theoretical and practical
application of a body of highly specialized knowledge, and achievement of a
bachelor's (or higher) degree in the specific specialty (or its equivalent) as a
minimum for entry into the occupation.
3) Labor Attestation: A certified labor attestation must have been issued on
behalf of the E-3 Specialty Occupation Worker (in the form specified by the
Department of Labor.)
4) Educational Requirements: An E-3 alien must be able to show that he or she
has attained the required U.S. bachelor's or higher degree (or its equivalent)
in the specific specialty.
5) Change of Status: The alien is also required to meet any and all other
occupational needs defined by the jurisdiction in which he/she will be employed.
A foreign national seeking to change status to E-3 must submit a certified copy
of any license (or other official permission) to perform the specialty
occupation in the jurisdiction of intended employment, if licensure (or other
permission) is required in order to begin the duties of the specialty
occupation.
If licensure is not needed to commence employment immediately, in the intended
specialty occupation, the foreign national must prove that he/she otherwise
meets the requirements for obtaining the license or taking the relevant
licensure examination, as well as confirm that he/she will, upon passage of the
examination, be obtaining the required license within a reasonable period of
time after being granted E-3 classification.
6) Length of Stay: The E-3 workers may be admitted initially for a period not to
exceed the validity period of the accompanying E-3 labor attestation. Extension
of stay may be granted indefinitely in increments not to exceed the validity
period of the accompanying E-3 labor attestation (i.e., for increments of up to
two years each). The employees who apply for the extension must submit licensure
(or proof of other permission) to practice the occupation in the jurisdiction of
intended employment.
Currently, there is no limit on the total length of stay for an E-3 status
holder in the legislation, as well as there is no specified number of extensions
a qualifying E-3 Specialty Occupation Worker may be granted.
Under the current E status regulation, 8 C.F.R. 214.2(e)(5), a foreign national
classified under section 101(a)(15)(E) as an E-3 non-immigrant shall maintain an
intention to depart the United States upon the expiration of termination of E
status. An application for initial admission, change of status or extension of
stay in E-3 classification, however, may not be denied solely on the basis of an
approved request for permanent labor certification (See
PERM-Labor
Certification) or a filed or approved immigrant visa preference petition.
