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The E-3 visa is an employment authorization and a unique and highly sought-after opportunity for Australian professionals to live and work in the United States. Created under the Australia-United States Free Trade Agreement (AUSFTA) in 2005, the E-3 visa is exclusively available to Australian citizens.
It provides a much-needed pathway for skilled Australian citizen professionals to pursue their careers in the U.S. If you are considering applying for an E-3 visa, it’s essential to understand its eligibility requirements, the application process, benefits, and the impact it has on Australian professionals.
The E-3 visa is specifically designed for Australian nationals who want to seek temporary employment in a specialty occupation within the United States. Under U.S. immigration laws, a specialty occupation is defined as a position that requires theoretical and practical application of a body of specialized knowledge. The applicant must also have earned a bachelor’s degree or higher in the specific field.
To be eligible for the E-3 visa, applicants must meet the following criteria:
It should also be noted that if U.S. laws require, applicants must have the necessary license or other official permission to practice in the specialty occupation before beginning employment in the specialty occupation.
If you haven’t yet received your U.S. license, you must provide a guarantee that you will apply for the required license shortly after admission to the United States.
The application process for an E3 Visa is less arduous than some other visas. First, the U.S. employer submits a job offer letter and files a Labor Condition Application with the U.S. Department of Labor. Next, the applicant must complete Form DS-160 online and pay the required visa application fee.
Applicants then schedule a visa interview at the nearest U.S. embassy or consulate. They must attend the interview with the required documents, including:
Ready to hire an immigration lawyer to help you with a Visa? Book a consultation on Tina’s calendar. Contact her at 385-396-4599. Or complete the form below and we’ll connect you today.
The United States Citizenship and Immigration Services (USCIS) and the Department of Labor (DOL) require that employers complete a Labor Condition Application (LCA) to ensure that the employment of H-1B/E-3 visa holders doesn’t negatively impact the wages and working conditions of U.S. workers. It’s required by the Immigration Act of 1990.
By signing and submitting the completed LCA, the employer attest that:
If you attended a college in some place other than Australia or the United States, you must submit documentation showing that your degree is equivalent to an American bachelor’s degree or higher.
Suppose you didn’t go to or graduate from college at all. In that case, you can still apply; however, you must show evidence that your work experience is equivalent to the U.S. degree required by your new position.
You are allowed to change employers while remaining in the U.S. To do this, 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. The Form I-129 petition must be approved before you have formal approval to work for the new employer.
USCIS may let you maintain your E-3 status, following cessation of employment, for up to 60 days during the period of petition validity (or another authorized validity period).
The E3 Visa for Australian professionals has many benefits, including:
The E-3 visa has significantly impacted Australian professionals seeking opportunities in the United States. It has allowed skilled workers to contribute their expertise to various industries, enhancing innovation and productivity. Australian professionals, including engineers, healthcare practitioners, educators, and I.T. specialists, have filled vital roles in U.S. companies and institutions, driving economic growth and cultural exchange.
Furthermore, the E-3 visa has fostered closer ties between the United States and Australia by facilitating the exchange of knowledge and skills. It has allowed Australians to share their expertise while gaining valuable experience in the U.S., ultimately benefiting both nations’ economies and strengthening their bilateral relationship and impact on the globe.
While the E-3 visa offers numerous benefits, applicants should be aware of potential challenges and considerations with this type of employment authorization:
The E-3 visa is the ideal visa and employment authorization for many degree-holding Australians.
Yet, it can be confusing to figure out where to begin. This is why many e3 visa applicants enlist the help of a seasoned immigration attorney to help them navigate the process and ensure they meet all the requirements.
The E-3 visa offers Australian professionals a unique opportunity to pursue their careers in the United States through employment authorization while contributing their expertise to various industries and fostering cross-cultural exchange. Its creation under the Australia-United States Free Trade Agreement reflects the strong partnership between the two nations and has led to mutually beneficial outcomes. As Australian professionals continue to seize the opportunities provided by the E-3 visa, they play an integral role in shaping the future of both countries and enriching the global workforce.
Ready to hire an immigration lawyer to help you with a Visa? Book a consultation on Tina’s calendar. Contact her at 385-396-4599. Or complete the form below and we’ll connect you today.
Tina Ghomashchian is a U.S. immigration lawyer and the founder of TZG Law. Tina is originally from the United Kingdom where she graduated from one of the U.K.’s top law schools – Dundee University Law school. Upon graduation Tina immigrated to the United States where she worked in the fields of civil litigation and immigration before starting TZG Law. Tina has a passion for humanitarian work and wants to incorporate her passion into her law firm through helping immigrants achieve legal status at affordable costs. She has successfully helped 20,000 people receive visas.
