E3 Visa Application Process

E-3 Eligibility Requirements

E-3 Specialty Occupation

E-3 Visa Process

This section is intended to provide a general overview of the most common things you will need to know about E3 visa application process.

Overview:

The E-3 visa isE-3 Visa Process a new non-immigrant work visa category available only to Australian Nationals, who are going to the United States to perform temporary services in a “specialty occupation”. Section 501 of the REAL ID Act of 2005 created this new category of E visa. The REAL ID Act is a Division B of the Emergency Supplemental Appropriations Act.

The term “specialty occupation” in E3 visa is the same concept used in H1B visa procedures. One main difference is that H-1B contains a specific dual intent provision, which enables the aliens to gain H-1B visas although they have expressed an immigrant intent, including having a permanent residency application (“Green Card”) case in process. The E3 classification does not provide this dual intent benefit, which is limited to L-1 visa holders and their dependents, as well as to H1Bs and their dependents.

For detailed information on E-3 Visa, see our E-3 Specialty Occupation page.

Australians residing outside of the United States must apply for the E-3 visa at a US consulate, whilst those in the U.S. can apply for the visa by submitting an application to the Vermont Service Center.

Note: Unlike the spouses of an H-1B worker, an E-3 spouse can apply for work permit or employment authorization (EAD).

This document provides only a brief overview of the E3 visa processing. Therefore, if you have a specific question or require further explanation of each step please contact us at (918) 258-6092 for a more thorough answer.

E-3 Visa Application Process:

Since E-3 Occupation Worker does not need a separate petition, E-3 visa status may be obtained directly through the Department of State (by applying for an E-1 status) OR, in the case of an alien already in the United States, by applying to the Vermont Service Center for a change of status or extension of status on Form I-129. As the current Form I-129 E Supplement refers only to the E-1 and E-2 visa classifications, the E Supplement is not presently requisite for E-3 aliens.

Supporting documents include:

To qualify for an E-3 visa, the applicant must produce the following documents:

  • proof he/she is a citizen of the Commonwealth of Australia;
  • letter from the US employer explaining the specialty occupation to be engaged in;
  • the expected duration of stay and the arrangements for remuneration;
  • confirmation he/she has earned the required educational qualification for the specialty occupation. The qualification must be a U.S. bachelor's degree or higher (or its equivalent) in the specific specialty;
  • proof he/she meets any other licensure or occupational requirements; and
  • confirmation the applicant meets U.S. Department of Labor (DOL) issued certified labor condition application (LCA) for E-3 Specialty Occupation Worker (in the form specified by DOL).

For detailed information on visa eligibility information, see our E-3 Eligibility Requirements page.

Note: Department of Labor has informed USCIS that applicants may not submit, as part of their E-3 application, an LCA that was filed along with a separate petition for H-1B classification in lieu of the necessary E-3 Specialty Occupation Worker LCA. Until DOL develops a separate LCA Form for the E-3 visa classification, prospective E-3 applicants may submit Form ETA-9035 to a special address to be provided by the Department of Labor, together with a request that the Form be annotated as an E-3 LCA. Forms ETA-9035 should be distinguished from H-1B LCAs (which are also submitted on Form ETA-9035) that bear no such DOL-approved "E-3" annotation.

E3 Visa Approval:

If, from the proof submitted, the application seems to be approvable, endorse the approval block and issue Form I-797 (through CLAIMS), showing the length of validity and the alien beneficiary's name and classification. An E-3 application may be approved for a period not to exceed the validity period of the accompanying E-3 labor attestation (i.e. for a maximum of two years). Besides, it may be extended 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).

Denial:

If the proof does not clearly establish the beneficiary's eligibility for E-3 visa status and a request for additional proof does not appear warranted, prepare for a denial..