E3 Visa Guide: Everything You Need to Know About the E3 Visa

E3 Visa

The E3 visa is designated for Australian nationals in “specialty occupation” positions in the United States.

 

In this guide, I will discuss the important details of the E3 visa. If you have any questions regarding this visa, feel free to email me directly at Michael@AshooriLaw.com. I’m very responsive via email and I would be happy to help you.

 

Overview:

 

1. What is the E3 Visa?

 

2. What are the benefits of the E3 Visa?

 

3. E3 Visa Requirements

 

4. E3 Visa Process

 

5. E3 Visa Processing Time

 

6. What are the Documents Required to Get an E3 Visa?

 

7. E3 Visa Form

 

8. E3 Visa Fees

 

9. E3 Visa Interview Questions

 

10. What happens after you get your E3 visa?

 

11. Conclusion

 

 

1. What is the E3 visa?

 

The E3 visa is a for Australian citizens who will perform a “specialty occupation” in the United States.

 

To get the E3 visa, you must:

 

  • be a citizen or national of Australia,

 

  • have a job offer that requires at least a bachelors,

 

  • have a bachelor’s degree or equivalent, and

 

  • if the position requires, a professional license.

 

E3 status is valid for up to 2 years and can be renewed indefinitely. Dependent spouses and children of E3 visa holders, obtain E3D status. The annual numerical limitation on this visa, of 10,500, has never been reached.

 

2. What are the benefits of an E3 visa?

 

There are several benefits to getting an E3 visa. Here are just a few:

 

  • The E3 visa is dedicated to Australian nationals.

 

  • There are 10,500 E3 visas available every year.

 

  • The E3 visa is cheaper than the H1B and has fewer applicants.

 

  • The E3 is a more convenient and accessible option.

 

  • Your dependent spouse and children can come with you.

 

    • Under the E3 visa, your spouse and children (unmarried, under 21 years of age) can enter the US as your dependents.

 

    • Your children can attend school in the United States.

 

    • Additionally, your spouse can apply for the Employment Authorization Document (EAD). The EAD enables him/her to lawfully work. This differs from other visas such as the H1B where spouses are not eligible for work (with some exceptions).

 

  • The E3 visa is renewable.

 

  • The E3 is valid for 2 years. Yet, it can be renewed indefinitely. Thus, it is a good option for those who need to be in the US for an extended period of time.

 

3. E3 Visa Requirements

 

You must meet several requirements in order to be eligible for an E3 visa. An immigration lawyer, including myself or another member of my team, can help you determine if you meet the following conditions:

 

1. The assignment must be for a “specialty occupation” and require at least a bachelor’s degree or its equivalent.

 

You must have a legitimate offer of employment in a “specialty occupation” position. A specialty occupation is defined as “an occupation that requires theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.”

 

2. You must have all the appropriate qualifications for the job duties.

 

You must have received a bachelor’s degree or higher, or the equivalent. Professional experience can be viewed as equivalent to a bachelor’s degree in some situations. Additionally, if a license is required for the profession, you must have that license. Alternatively, you can show the ability to obtain the license within a reasonable period of time.

 

3. You must have Australian citizenship.

 

You must have a valid Australian passport.

 

4. You must have a certified Labor Condition Application (LCA) from the DOL.

 

Your E3 visa application must include a certified Labor Condition Application (LCA). The LCA is signed by your employer. This ensures the workplace meets certain standards. These standards include:

 

    • not having a labor dispute at the worksite,
    • not negatively impacting similar employees with the hiring of the foreign national,
    • and paying the foreign national on an E3 visa fairly.

 

5. You must have the intent to depart the United States upon termination of status

 

You must show intent to depart the United States when your E3 status ends. However, unlike most other nonimmigrant visa classifications, you do not need to demonstrate intent to remain in the United States for a specific amount of time nor do you need to maintain foreign residence.

 

4. E3 Visa Process

 

Getting an E3 visa is a multistep process.  There are two options:

 

  • You can apply directly at a US consulate abroad or,

 

  • if you are already within the United States, you can file a change of status.

 

An immigration lawyer, including myself or another member of my team, can help you through this process.

 

Regardless of which process you choose, you must first do the following:

 

Complete a Labor Condition Application

 

Please note that the LCA will be completed by the employer or their representative. It is not done by the person seeking E3 visa status. The LCA can not have been approved more than two years prior to the position start date.

 

Satisfy all E3 Visa requirements

 

These requirements, as listed above, are:

 

  • a job offer at a position that is considered a “specialty occupation,”

 

  • all required qualifications for the position are met,

 

  • Australian citizenship,

 

  • an approved LCA, and

 

  • intent to depart the United States upon the termination of E3 status.

 

Prepare appropriate documents

 

Documents demonstrating satisfaction of the E3 requirements must be provided. These documents include, but are not limited to, a support statement from the US company where you will work and the LCA.

 

Applying for an E3 Visa Abroad

 

Applying for an E3 at the consulate is a good option if you are currently outside the United States or will be soon. Note, leaving and applying at the consulate is required if you are in the US under the Visa Waiver Program. This means you are ineligible to apply for a “change of status” inside the United States. Consular processing is faster than applying for E3 status inside the US. The E3 is not eligible for premium processing.  it is much faster than a change of status petition. Although, one disadvantage to note, is that you may have to pay for international airfare.

 

If you choose to submit a visa application, you must do the following:

 

Submit Form DS-160

 

  • Form DS-160 is the Online Nonimmigrant Visa Application. You are required to complete this before you can schedule a meeting with a consular officer to determine if you will be granted an E3 visa.

 

Schedule a meeting with a US consular officer

 

  • You will then schedule a meeting with a US consular officer. Consular officers in Australia, as well as many countries particularly in Europe and Canada, can grant E3 visas.

 

Meet with US consular officer

 

  • You will then go to your scheduled interview date. You should bring a valid Australian passport as well as all other relevant documents to this interview. Through this interview, the consular officer will approve or reject you for an E3 visa. An immigration lawyer prep you for this interview.

 

Applying for an E3 Inside the United States

 

The second way to obtain an E3 is to file a “change of status” application. This option is available if you have maintained lawful nonimmigrant status. Note that E3s are not eligible for premium processing (an expedite option with USCIS). While this process is slower, you will not have to pay for airfare to return home. Furthermore, you will have the option to simultaneously apply for an employment authorization document for your spouse. If you choose to file an E3 change of status petition, you must submit the above listed documents along with the following to the Vermont Service Center:

 

Form G-28

 

  • Form G-28 is the Notice of Entry of Appearance as Attorney or Accredited Representative. This document is completed by your attorney or another representative and gives them the ability to act on your behalf.

 

Form I-129

 

  • Form I-129 is the Petition for a Nonimmigrant Worker. This form contains information about you, the petitioning company, and the job you will perform. This helps USCIS determine if you meet the conditions for the E3 visa.

 

A copy of the biographic page(s) of Australian passport(s) for the applicant and all dependents

 

  • You must provide a copy of the biographic page(s) of your Australian passport(s) for yourself and any dependents. All passports must be valid six months past the expiration date of the petition.

 

A copy of your I-94

 

  • You must also provide a copy of your I-94 if you are present in the United States when filing. You must provide this even if you plan on leaving the United States while the approval is being determined.

 

Filing fee

 

  • You must submit the associated fees for an E3 visa application, discussed in Section 8:  E3 Visa Fees.

 

5. E3 Visa Processing Time

 

The visa processing time will depend on many factors. One factor is whether you filed a change or status petition or submitted a visa application. All E3 change of status petitions are filed at the USCIS Vermont Service Center. Here, the processing times can vary between 4 and 8 months. Alternatively, visa applications depend on the consulate’s availability. These can vary from a few days to weeks. Some of the other influential factors is the time of year you submit your application and the documents you provide.

 

6. What are the documents required to get an E3 Visa?

 

There are many documents needed for your E3 petition. The required documents will vary depending on your situation.

 

Below is a general list of the required documents. Please be aware this may need to be tailored to your matter. An immigration lawyer, including myself or another member of my team, can help you determine what needs to be submitted:

 

  • Labor Condition Application

 

  • US Company Statement of Support

 

  • Copies of your educational degrees, including transcripts and education evaluation (if needed)

 

  • Copy of your resume

 

  • Copy of an official job offer

 

  • Copies of your professional licenses (if applicable)

 

  • Experience letters (if explicable)

 

  • Passports for you and any dependent spouse and children

 

  • Documents demonstrating family relationship

 

  • Prior US visa paperwork (if applicable)

 

7. E3 Visa Forms

 

There are multiple forms that are required for the E3 visa process. Here is a quick overview of some:

 

  • DS-160: Form DS-160 is the Online Nonimmigrant Visa Application. The information provided in this form, as well as in your consular interview, will determine if you are granted the E3 visa. You can learn more about the DS-160 by clicking here.

 

  • Form I-129: Form I-129 is the Petition for a Nonimmigrant Worker. This form can be used to request an extension or change of status to your E3 visa. You can learn more about the I-129 by clicking here.

 

  • Form G-28: Form G-28 is the Notice of Entry of Appearance as Attorney of Accredited Representative. This is used to indicate an attorney or other representative is assisting you with your immigration case. You can learn more about the G-28 by clicking here.

 

8. E3 Visa Fees

 

At the time of publishing, the E3 visa fees are as follows:

 

  • Immigration Lawyer Legal Fee: This fee will range depending on your matter.

 

  • E3 Visa Fee: $205

 

  • EAD Fee: $410

 

  • I-129 Fee: $460

 

  • Visa Processing: E3 Visa Fee: $205

 

  • Change or Extension Status: I-129 Fee: $460

 

9. E3 Visa Interview Questions

 

During your interview with the consular officer, you may be asked about a range of topics. This includes but is not limited to:

 

  • your qualifications,

 

  • your role with the US Company, and

 

  • your ties to both Australia and the United States.

 

Be prepared to cover these topics with confidence and detail.

 

10. What happens after you get your E3 visa?

 

After being approved for an E3 visa, you can enter the United States. You should travel with your passport, E3 visa, and a copy of the approved LCA. You can enter 10 days before and stay 10 days after your approved stay. Note that you may not work during these periods. Once you arrive in the United States, you should forward a copy of your visa and I-94 to your attorney. You should also take care to note the expiration dates of you and your dependent’s visas.

 

An E3 visa is valid for up to two years and you can apply for unlimited extensions. These extensions do not count towards the 10,500-visa annual limit. As long as you fulfilled all the E3 conditions, your E3 visa status can be renewed indefinitely.

 

Note that you must update your application in order to maintain legal E3 status. If you change worksites, a new LCA and amended petition must be filed. If you change employers, you must either submit a change of employer petition or a new E3 visa application at a US consulate. If your employment stops prior to the expected date, you can stay in the United States until your status ends or 60 days is up, whichever is shorter. During this time, you may not work, but you may attempt to find other work and submit the appropriate change of employer request.

 

11. Conclusion

 

The E3 is a great visa option for Australian citizens. You should now have a much stronger understanding of the various aspects of the E3, including the benefits, requirements, and process.

 

If you have any questions on any of the information discussed in this guide, feel free to email me directly at Michael@AshooriLaw.com. I’m very responsive via email and happy to assist.

 

Resources

 

  • Business Immigration Law & Practice 2nd Edition

 

  • US Department of State: Consular Electronic Application Center

 

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15:06 20 Jul 21
A Very helpful and professional law firm. helped us out with our application.
Inger Nicolaisen
14:57 15 Jul 21
Michael Ashoori’s professionalism and expertise is unmatched in the industry! My experience with Ashoori Law is very positive, all of my questions were quickly answered making my adjustment of status a very smooth process. The staff was... unbelievably friendly and ensured the best amount of care was taken with my case! I can’t recommend them enough!!read more
Sadaf Nadeem
00:42 09 Jul 21
I highly recommend Micheal and his legal team for being thorough professionals. Their knowledge and expertise are second to none and their work ethic is unmatched.
kvshirazi
18:28 08 Jul 21
I had a great experience with Ashoori Law. Lahaina, Michael and Ehsan helped me to get my TN visa approved in no time.Lahaina is very responsive. Being able to reach out and talk to your lawyer/attorney is exactly what you need when you apply for... your visa...I definitely recommend them for any immigration services.read more
Julien Jeanneau
17:38 07 Jul 21
My experience with Ashoori Law was great, even with the current situation, everybody always answered promptly and comprehensively to our questions. They made my adjustment of status a smooth and seamless process. I definitely recommend their service... !read more
Dispatch S
03:09 06 Jul 21
I worked with Lahaina and James. Both are so helpful. I wanna give more than five star for their excellent guidance and professional service. I must recommend their service.
Linus Verus
18:26 01 Jun 21
Hands down, Ashoori Law is a firm that you can rely on. As a greencard holder working abroad, It can be quite a struggle to do your own legwork in applying for a travel document especially in these trying times with the pandemic. I tried looking up... other lawfirms that could help me but found that they seemed more interested to engage me in a chargeable phone consultation rather than answer my questions. Then I came across Ashoori's Youtube channel with videos providing valuable information and updates on immigration laws and that's when I decided to look them up on Facebook to learn more about them. I was pleasantly surprised to learn that you can actually book a free phone consultation with them and so I did. They will explain everything clearly and answer all your questions so that you can decide for yourself and weigh out if your situation calls for their service. Sign up was so simple and the guidance with the documentations were so easy to follow. A sharp contrast to the time when I did my own filing, where I had to book an appointment with a USCIS field office only to find that they don't accept applications there. I've had to do the runs to review the tediously worded process from the USCIS website, print documents, mail them and hope that it gets through without hitting a snag (it did). With Ashoori Law, I definitely felt represented and truly was by a professional team that kept me posted and were very responsive to my questions. I've had a recent change of address which they quickly filed for me at no extra cost. All I had to do was wait until my travel document was granted which I received in the mail via express courier. Great value for professional services from beginning to end. Easy to engage with. A big thanks to the Ashoori team for getting me through this process free of stress. Folks, save yourself from pain. Get representation from Ashoori Law!read more
Steven Tadros
18:50 20 May 21
I had a very positive experience getting my TN visa as a Canadian. The firm was very helpful, quick in their replies and helped guide us in filing the right documents in order to get the approval. This was important for me in a time where the... approval for a new job was fundamental. I am grateful and would recommend their services.read more
Dean Katz
17:23 20 May 21
Michael Ashoori is an outstanding professional. He knows the details of his practice. He will get his clients through difficult times with knowledge and with care.
Dawit Gezaw
01:35 07 May 21
I recommend 100%
Sofia Malferrari
22:32 05 May 21
Amazing service. I had a conversation with Karla who helped me get the big picture of my situation. She's a smart and lovely person to talk with. I 100% recommend their service!
Harsh Patel
19:34 04 May 21
They guided me really well through the process for my mom's travel document. Prompt response and processing of application. Ms. Karla helped me really well. I just explained my mom's situation to her and she guided me based on that really well. The... youtube video updates on new immigration stuff from Mr. Michael are really helpful too. Ms. Milena helped me really well to get my mom's travel document delivered to my address. Very reliable service.read more
Liza Macaspac
17:14 03 May 21
Just recently we got our E2 approval by the help of lawyers and staff of Ashoori Law office. They been very responsive with all my queries, full of knowledge and advance technology that can easily upload my documents without going to their office. I... would not hesitate to recommend to my relatives and friends who will be needing help to process their visa. It is also been help that Attorney Michael Ashoori who always sending updates about immigration policies and changes through his vlog that can watch in YouTube and now tiktok. It's a big help for us to be updated and learn about US immigration law and policy. Thanks to my laywer Lahaina Araneta, Atty Michael Ashoori and the rest of the staff and manager in this office. You are all such a big help and very professional in handling our case. Thank you!read more
Alexander Simpson
22:06 29 Apr 21
Exceptional service, professionalism and respect towards their clients!
LINDA NHAMBU
05:08 23 Apr 21
I had the privilege of being represented by Ashoori Law in filing for a re-entry permit. They were highly exceptional, professional, detailed and well versed with immigration law. I was extremely pleased with their services especially how they... followed up with USCIS and gave me constant feedback. Ashoori Law works diligently on your behalf , and I truly felt like I was their only client.Thank you for the outstanding service .read more
Nupur Dave
02:36 10 Apr 21
I used Ashoori law for my permit application. What I loved about working with them is the care that they took of me and my case. They were genuinely interested in helping me. They were responsive and give me almost personalised attention by... answering all my questions in detail.I also loved the way they manage the cases Through a dashboard where you can see the latest status of your case. It really helped me access the status of my application at any time I wanted.Their fee was very reasonable. Their understanding of the legal implications of my application was comprehensive. I intend to continue to use their services in the future. 👍read more
Ricardo de Santiago
22:44 02 Apr 21
Ashoori Law firm provided outstanding service to my immigration need. Lahaina Araneta, Esq. helped me obtain the highly sough-after TN Visa as a Management Consultant and I couldn't be more grateful. The staff is very friendly, responsive, and... knowledgeable. I highly recommend this firm.read more
Zohir Berkane
16:14 25 Mar 21
Miss Karla was really nice and very helpful. She was answering all my questions and gave me many advices. Miss Karla, thank you so much, you made my day.
Jane Lopez
17:08 19 Mar 21
The best Law Firm I have ever called. Very friendly Staff. Was able to answer my inquiries right away. And was able to solved my Problem. Thank you so much Ashoori Law.
Elsha Shaju
22:01 11 Mar 21
I would highly recommend the firm Ashoori Law for any immigration cases or concerns and had a great experience with, Mr.Rohit Srinivasa. I am very much satisfied and will look forward working with them in future for any related cases. Best Wishes to... the entire team and sincere thanks for all your efforts.read more
Ravil Sharma
04:25 11 Mar 21
Ashoori Law were able to accommodate me quickly enough to meet my deadlines. They have been helpful throughout the entire process, answered many questions and always got back to my emails or voice messages in a timely manner. Michael and his team... are professional. I came across them after not completely satisfied with the work of my previous immigration law firm as they were cheaper. I then teamed up with Ashoori law and saw a huge difference from the first consultation and continue to see that standard throughout. I highly recommend to anyone to chose Ashoori law, it can be a daunting experience if not handled properly. However Michael’s team have done so many times before will manage to take the stress out and take care of business at hand.read more
Donna Hua
23:59 10 Mar 21
The team has all the right ingredients to success: Knowledgeable, responsive, efficient and informative. What more could you ask for?
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Michael Ashoori Headshot

Michael Ashoori, Esq.

U.S. Immigration Lawyer

I’m a U.S. immigration lawyer and I help families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States.

Since starting my law firm, I’ve helped hundreds of people from all over the world with their immigration needs. I’m very passionate, hard-working, and committed to my clients.

Got a question? Send me an email.