By Vickie Li

The E3 is a relatively new non-immigrant work visa similar to the H-1B visa, but solely for Australian nationals coming to the United States to work in a specialty occupation.

Like the H-1B, there must be an offer of employment from a U.S. employer, the job offered must require a Bachelor degree or equivalent to perform the job, and the E-3 applicant must possess a relevant Bachelor degree or equivalent. In addition, the employer must pay a prevailing wage certified by the Department of Labor.

Unlike the H-1B, the E3 can be obtained directly at a U.S. consulate abroad and does not require a petition to be filed with the Citizenship and Immigration Services (CIS). In addition, spouses of E3 visa holders may apply for employment authorization in the United States. However, the E-3 is not a dual intent visa; accordingly, the E-3 applicant must intend to return to Australia upon conclusion of the assignment. At the same time, while the initial period of E-3 stay is for 24 months, the E-3 is renewable indefinitely. Moreover, while there is a cap of 10,500E-3 visas in each fiscal year, the E-3 cap has not yet been reached.

Unfortunately, since there are no CIS regulations, there are still procedural uncertainties that have yet to be resolved. For more information, please contact our immigration department.