E-3 Specialty Occupation Visa
The E-3 visa is a US immigration option that gives eligible Australian nationals the chance to work in the United States within their specialty occupation. The visa was created by an Act of the United States Congress as a result of the Australia–United States Free Trade Agreement (AUSFTA), although it is not formally a part of the AUSFTA. Although the E-3 visa has a number of similarities to the H-1B and TN visa, there are specific requirements that need to be met to be approved.
What Is an H-1B Visa?
An H-1B visa is a U.S. work permit that allows foreigners to work “specialty occupations” for U.S. employers. This means that your employment in the United States cannot be for just any type of work; the work performed must involve a high level of skill such as in a professional occupation.
What Is a TN Visa?
If you are Canadian or Mexican, and you have a job offer in the US, you may be eligible for a TN Visa under the USMCA (NAFTA) agreement. This application process is the fastest way to get a US Work Visa.
Who is Eligible for the E-3 Visa?
There are a few requirements Australians applying for an E-3 visa must meet to be approved. The individuals eligible for an E-3 visa must:
- Be a national of Australia
- Have a legitimate offer of employment in the United States
- Possess the necessary academic or other qualifying credentials
- Will fill a position that qualifies as a specialty occupation
Qualities of the E-3 Visa
Length of Stay
E-3 visas are issued for an initial 2 year period and can be renewed in 2 year increments indefinitely.
Family of an E-3 Visa Holder
There are options for an E-3 visa holder to bring family to the US as well. The holder’s spouse and dependent children(who must be unmarried and under the age of 21) may accompany an individual with an E3-D dependent’s visa. unlike other treaty work visas, the E-3 visa allows the spouse to apply for the Employment Authorization Document (EAD), enabling them also to work in the United States.
Change of Employer
When changing employers on an E-3 visa while remaining in the US your new employer must obtain a certified Labor Condition Application for the position in which you will be employed and properly file a Form I-129 petition which must be approved before authorized to work for the new employer. The USCIS may consider you to be maintaining E-3 status, following cessation of employment, for up to 60 days during the period of validity.
Applying for E-3 Visa Within the US
When applying for the E-3 visa within the US, a Form I-129 is used to apply for a change of status to or an extension of stay in the E-3 nonimmigrant temporary worker classification.
Documents needed to successfully complete a Form I-129:
- A Labor Condition Application (LCA) that indicates that it has been filed to support an E-3 classification.
- Academic or other credentials demonstrating qualifications for the position
- Job offer letter or other documentation from the employer establishing that you will be engaged in a specialty occupation and that you will be paid the higher of the actual or prevailing wage
- If required, before you may commence employment in the specialty occupation, you must have the necessary license or other official permission to practice in the specialty occupation
Why Seeking Professional Help for an E-3 Visa is Crucial
When applying for an E visa, all the criteria must be met. With all of the paperwork and documentation required, it is easy to miss important details that can lead to a rejected application. Without any legal help, navigating through the complicated application process is frustrating and potentially fruitless. When it comes to preparing an application for investors or traders, experienced legal teams will know the best way to prepare a successful application package.
Why Hire Us to Help You With Your E-3 Visa Application?
With over 15 years of experience of working with investors and traders, we know what the U.S. immigration department requires. We have helped thousands and thousands of foreign nationals successfully enter the U.S. with E visas and we can help you too!