USA E3 Australian Special Occupation Visas

Benefits

The E3 visa for US immigration is regarded as a non-immigrant visa and as such is not intended as a route to settled status in the USA. However, US employers may decide to sponsor a foreign beneficiary for a Green Card by undertaking a labor certification process and filing a petition with USCIS. 

Duration

E3 visas for immigration to the United States are initially granted for two years and may be extended indefinitely in increments not to exceed the LCA. 

E3 Eligibility Requirements

The E3 visa is designed for those applicants moving to the USA from Australia who seek to work in a temporary “specialty occupation.”   The requirements are similar to those of an H1B visa in which there must be a job offer; a sponsoring employer who is willing to undergo the petitioning process; a Labor Condition Application must be filed; and the E3 beneficiary must possess the requisite educational and/or work experience requirements related to their proposed position in the US to meet the ‘specialty occupation’ as described below.   

The US E3 visa class is aimed at potential employees from Australia who will be immigrating to the USA in order to undertake employment in a "specialty occupation", i.e. a job that requires a significant deal of specialist knowledge and skills evidenced by the attainment of a US equivalent Bachelor's 

Degree

. As a result, candidates are expected to have either:

• The equivalent of a 4-year US equivalent Bachelor's degree, relevant to the field in which employment is being offered (Most UK Bachelor's Degree's are equivalent).
• 12 years of relevant work experience in a "specialized field", or a combination of education and work experience totalling 12 years (1 year of higher education equals 3 years of work experience).
• Professionals such as doctors, lawyers, and accountants must be licensed to practice in the state in which employment is offered. This may involve passing a relevant state professional examination.

Furthermore, there is a quota or limited amount of E3 visas allotted in a fiscal year.  As such, it is highly recommended that US employers prepare petitions for their foreign beneficiaries well in advance of the potential start date of the employment.  If visas are used up, then the beneficiary will have to wait until the following fiscal year to apply.

Dependents

Like the H1B visa, spouse immigration and dependent immigration are permissible under this route and the spouse, partner, or dependent children of an applicant may join them in the United States. However, unlike the H1B visa, spouses of E3 visa holders are permitted to seek or undertake employment without 

applying

 in their own capacity for a USA work visa.

If you are thinking of immigrating to America, contact us to see whether our teams of immigration lawyers can provide you with expert guidance for moving to the USA and remaining here to work. Find out further information on our US EB2 Visas page.