Nonimmigrant E-3 Visas

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The E-3 visa classification allows for the temporary entry of Australian citizen professional level workers to perform services in a specialty occupation for a U.S. employer.

Proof that a job qualifies as a specialty occupation can be shown in any of four ways:

1. Establish that a bachelor’s or higher degree (or equivalent) in a specialized field of study is normally the minimum requirement for entry into the occupation on an industry wide basis.
2. Establish that a degree requirement in common in the industry in parallel positions with similar positions.
3. Establish that the petitioning employer has a history of always requiring a degree (or its equivalent) for this position.
4. Establish that the nature of the specific job duties are so complex that the job cannot be performed without a degree in a specialized field of study, or its equivalent.

The CIS places great weight on the theoretical knowledge required to do the job, not just practical experience. For this reason, it is essential to emphasize the theoretical side of the position in the job description offered in the company letter in support of the position.

The E-3 has an annual quota limit of 10,500, meaning that each fiscal year, 10,500 “new” E-3 visas can be granted to eligible applicants. This quota does not apply to individuals who previously have been issued E-3 classification and are seeking extension of stay or a change of employer.

An E-3 employee may only work for their sponsoring employer. If an E-3 nonimmigrant wishes to work for someone else, he or she must first have the new employer file a new E-3 petition on their behalf. Once such a petition is filed, the employee may switch jobs and join the new employer.

E-3 classification is initially granted for a term of up to two years. There are no restrictions on the number of extensions available to an E-3 holder and the extensions can be granted for up to two years each.

The spouse and the unmarried, minor children of an applicant may also be classified as nonimmigrants in order to accompany or join the principal applicant. Unlike an H-4, the spouse of an E-3 holder can obtain work authorization in the United States.