The E-3 classification applies only to nationals of Australia. You must
be coming to the United States solely to perform services in a specialty
occupation. The specialty occupation requires theoretical and practical
application of a body of highly specialized knowledge and the
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.
To qualify for an E-3 visa, you must demonstrate, among other
things, that you:
-
Are 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
The Form
I-129, Petition for Nonimmigrant Worker, is used to apply for a
change of status to or an extension of stay in the E-3 nonimmigrant
temporary worker classification.
Supporting Documents
Your Form I-129 should include the following documents:
-
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
|
Initial Period of Stay |
Extension of Stay |
|
2 years |
Up to 2 years per extension; no maximum number of extensions,
with some exceptions. |
To change employers while remaining in the United States 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
are authorized to work for the new employer. USCIS may consider you
to be maintaining E-3 status, following cessation of employment, for
up to 60 days during the period of petition validity (or other
authorized validity period).
Note: Form I-129 is also used to apply for an extension of stay or
change of employment with the same employer.
An E-3 nonimmigrant worker’s spouse and unmarried children under 21
years of age are entitled to dependent E-3 classification. Your
spouse is entitled to apply for work authorization, but not your
children. To apply for work authorization as a spouse of an E-3
nonimmigrant, your spouse must file a Form I-765, Application for
Employment Authorization. For more information on the application
procedures, see the Employment
Authorization Document page.
