Australia is one of only a handful of nations to have a special visa category available only to its citizens. Australians are in the enviable position of being the only foreign nationals able to apply for the E-3 visa, a work visa that allows them to bypass the many flaws and difficulties of the H-1B, the US’ primary temporary work visa which most other nationalities must utilise to work in the United States.
Australian businesses and professionals should utilise the E-3 visa wherever possible to leverage operational advantages of having this visa available to them when relocating staff to the US.
This page discusses the E-3 visa in depth: general information about the visa, eligibility requirements, how to apply for it, frequently asked questions, and more.
On this page
Eligibility requirements for the E-3 visa
The E-3 visa’s fundamental eligibility requirements break down to a few key points:
Specialty Occupation
To be issued an E-3 visa, an applicant must have a valid job offer from a U.S. organisation (corporation, LLC, sole proprietorship, etc.). That job offer must be for a role that can be classified as a “specialty occupation.”
The role in the United States must be a “specialty occupation.” A specialty occupation is defined as an occupation that requires:
- a 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
What this means effectively is that the proposed U.S. role must be one that generally requires a Bachelors degree or higher to be hired for that role, and that the role is sufficiently complex that highly specialised knowledge obtained from a university education must be applied by the person in that role.
The most common way to determine if an occupation is a specialty occupation is to consult data on O*Net Online, which is a data website operated by the U.S. Department of Labor. If an occupation listed on O*Net Online describes a majority of respondents in that occupation as having a Bachelors degree or higher, then it will generally be considered a specialty occupation.
It is possible for a role whose occupation does not have a majority of respondents on O*Net Online having a Bachelors degree or higher to still be classified as a specialty occupation. This can be done by showing a specific job description with sufficient complexity and requiring highly specialised knowledge, and that the specific U.S. employer generally requires a Bachelors degree or higher when hiring for that role within its organisation. A common example of a specialty occupation we use often with E-3 visa applications before US Consulates is “General and Operations Managers.” O*Net Online does not show this occupation as generally requiring a Bachelors degree, however we have not had any issues with the Department of State rejecting this common occupational classification where the role is sufficiently complex.
Minimum Salary: the Certified Labor Condition Application (LCA)
An E-3 visa applicant must be in possession of a “Labor Condition Application” (LCA) that has been “certified” by the United States Department of Labor (US DOL).
The employer, or their attorney/agent, must lodge the LCA with the US DOL. The prospective employee / visa applicant cannot do this.
The US Department of Labor collects via an online form the following key information about the proposed role from the employer’s attorney:
- Employer’s details, including:
- Employer’s entity name (e.g., “Widgets Incorporated”)
- The Federal Employer Identification Number (FEIN) of the Employer. This is a business registration number issued by the IRS which is akin to an ABN.
- The contact details of the Employer, including address, phone number, and the Point of Contact at the employer (usually an HR Manager or other Senior Executive)
- Employment details, including:
- Specialty Occupation Code selected (e.g., Accountants and Auditors – 13-2011.00),
- Job title used internally within the organisation (e.g., Senior Manager Global Tax),
- Specific address(es) and county/metropolitan area(s) where the work will be done (the place of employment),
- Annual salary or hourly wage that will be paid to the worker,
- “Prevailing wage” for that Specialty Occupation in each specific work site based on published statistics
- Start and end dates of the intended employment (must be exactly 2-years for an E-3), and
- Whether it is a full-time or part-time role.
- Agreement to various legal attestations and disclosures
This form is then submitted to the US DOL for processing. Within 7 business days, but sometimes less, the LCA will either be “certified” or denied. The certification of an LCA is not discretionary. This means that as long as there are no errors on the form, the FEIN and company information are validated, and the wages to be paid are higher than the prevailing wage, then the LCA will be certified. The LCA cannot be denied “holistically” the way a visa can be.
Once it is certified, the LCA needs to be signed by the authorised signatory of the employer. Then, it can be used in a visa application.
Australian Citizenship
The Principal Applicant (the employee) for an E-3 must be an Australian citizen with a valid, unexpired Australian passport with at least two adjacent blank pages.
The Principal’s dependent spouse and children do not need to be Australian citizens.
Possess a Bachelors Degree or Higher, or Experience in lieu
As discussed in the Specialty Occupation section above, the occupation in the US must generally require a Bachelors degree or higher.
The visa applicant must also possess a Bachelors degree. However, if the applicant does not have a Bachelors degree, they can use professional experience in lieu of a degree. The rule for assessing experience is that 3 years of full-time work experience equates to 1 year of a Bachelors degree. This means that 12 years of experience are needed to have the equivalent of a four-year Bachelors degree.
For E-3 applicants without a degree, a third-party assessment company should be engaged to write an equivalency opinion. This will usually be a letter written by a university professor or done in-house by the company which summarises the employee’s work experience and how it equates to a Bachelors degree in a specific area of study. For example, an E-3 applicant with 12 years of experience working in various roles in Sales from Business Development Representative up to Account Executive can obtain an assessment that states equivalency to a Bachelors Degree in Marketing, and be issued an E-3 visa to work in the specialty occupation of Sales Managers.
Many Australians have three-year Bachelors degrees instead of a four-year degree which is standard in the US. The Department of State (i.e. Consulates) have not shown any concern or scrutiny over these degrees, and an equivalency does not need to be obtained. However, E-3 petitions lodged with USCIS may require an equivalency for a three-year degree.
Advantages of the E-3 visa over most other work visa types
The E-3 visa is afforded privileges which make it the envy of other nationalities and these advantages should be leveraged be Australian businesses seeking to deploy staff to the United States.
Although the E-3 visa is closely related to, and a derivative of, the H-1B visa, it has several advantages over the H-1B visa and other employment-based nonimmigrant visas
Consular Advantage
The E-3 visa can be applied for directly at a US Consulate outside of the US and does not require a petition to be lodged with USCIS, the government agency that adjudicates work visa petitions such as the H-1B.
This is a significant advantage as lodging petitions with USCIS is a notoriously fraught, and expensive process with high risk of refusal. USCIS is often politicised, as it was under the Trump administration, to skew towards refusing work visa petitions at a high rate, as well as generally making the process more difficult and expensive. There is a high risk of denials, often arbitrarily and incorrectly, when lodging with USCIS. The USCIS bureaucracy is under-resourced, poorly run, and almost shutdown due to lack of funds in 2020.
Petitions lodged with USCIS, such as for an H-1B, are done with old fashioned paper forms sent via post, and require filing fees to be paid by cheque. Further, processing times are very long, so most businesses will pay an additional fee of $2,800 USD for “Premium Processing” in order to have a response within two weeks of lodgement.
The E-3 avoids all of these risks, costs, and impediments as a petition does not need to be lodged with USCIS. Instead, the required documentation are carried to the consular interview by the visa applicant, and a consular officer assesses these documents on-the-spot.
No Lottery
Easily the worst aspect of the H-1B visa program is that it operates under an annual “lottery.” This means that the chances of an employee receiving an H-1B come down to a number pulled out of a “hat” in an electronic lottery run once per year.
The reason the lottery exists is that the H-1B has an annual cap of only 65,000 H-1B granted every year, and as such the H-1B is “oversubscribed” every year. The chances of being selected are less than 30%.
The lottery system means that employers cannot plan and rely on the H-1B. Instead, the H-1B becomes captured by large corporations and IT consultancies which run H-1B programs, entering hundreds or thousands of employees into the lottery knowing only a fraction will be selected.
The E-3 does have a cap of 10,500 visas issued annually, but it is never reached, and therefore no lottery exists. This means that an E-3 can be issued at any time rather than needing to wait for a lottery.
Start Any Time
A consequence of the lottery program for the H-1B is that H-1B lotteries are held every year with results announced around 31 March. Following selection, a petition must then be lodged. The start date of an H-1B must be from October 1 of that year or later. This means that an H-1B employee cannot start working until October 1.
As you can imagine this timeline presents as untenable to an Australian company seeking to send staff to the US as soon as possible, as well as Australians who seek to work in the US.
Documents required for an E-3 visa application
An E-3 visa applicant will need to carry the following documents to the visa interview at a US Embassy or Consulate:
- Appointment Confirmation page: a page that is generated when the appointment is booked that indicates the time and date of the interview, contains the DS-160 application ID, the name of the applicant(s), and confirmation of fee payment.
- DS-160 Confirmation page: this is a PDF generated when the applicant submits the DS-160 form to the State Department online. It contains an application ID with a barcode so the consular officer can pull up the DS-160, the applicant’s full name, DOB, passport number, photo, and other identifying information.
- Certified, signed Labor Condition Application: a digital soft copy of the signed, certified LCA.
- Company Support Letter: a signed letter on the employer’s letterhead which explains background information on the US employer, the specialty occupation, the job description and how it is a specialty occupation, the proposed salary, and the applicant’s qualifications. Usually this letter is prepared by the attorney even though it is placed on company letterhead.
- Evidence of university degree: a certified transcript and/or award certificate showing attainment of a Bachelors degree (if applicable)
- Educational Equivalency: letter from third-party assessors stating equivalency of experience to a university degree (if no degree)
- Marriage Certificate (if dependent spouse is applying). De facto partners are not eligible for dependent visas and a valid marriage certificate must be presented.
- Birth Certificates for any children applying for dependent visas (if applicable).
- Passport photos (if not uploaded to the DS-160).
Frequently Asked Questions about the E-3 Visa
How long is the E-3 valid for and can it be renewed?
An E-3 visa and its underlying LCA are both valid for two years, but these dates may be different.
The visa label itself is simply a travel document and is not relevant once the foreign national is inside the US. Then, the I-94 Record controls the stay in the US.
The E-3 visa can be renewed indefinitely as long as non-immigrant intent is maintained (that is, no intention of taking up permanent residency / green card). There are Australians who have been on renewed E-3 visas for more than eight years without issue.
How is an E-3 visa renewed?
An E-3 visa (as in, the label printed in the passport) is required to enter the United States to work for a specified employer in E-3 status.
E-3 visas are renewed at US Consulates outside of the US. Often times people choose to travel to Consulates close to the US such as Nassau (Bahamas) or London, or when they happen to be travelling back to Australia. One benefit of renewing in Australia is that these renewals can be done by mail (posting the visa application and passport to the Consulate) rather than waiting for an in-person interview.
It’s important to take note of risks when renewing at US Consulates outside of Australia. Consular officers at these posts may be unfamiliar with the E-3, since it’s such a unique visa, particularly at smaller consulates. This may introduce uncertainty into the visa renewal process and may risk a denial especially if there are unusual factors in the application. A visa refusal in a remote part of the world such as a Caribbean Island may present difficulty and cost: the individual would now no longer have a visa to the US (if the previous one is expired) and is no longer ESTA eligible, meaning they cannot even transit via the US. This would make getting home to Australia quite difficult.
If the visa expires while the E-3 visa holder is in the US, an extension can be lodged with a USCIS petition. However, see above for an explanation of all the risks and hassles (and costs) associated with USCIS lodgements. These were generally avoided prior to the pandemic. Once consulates closed and people wanted to avoid travel internationally due to health risks and restrictions, many people shifted towards extensions via USCIS.
It is important to note that an extension with USCIS does not renew the visa label. Even if an extension in-country is successful, only the “status” (valid stay period) of the person will be extended. If the person departs the US to go overseas, they will need to obtain a new visa label at a US Consulate, either via in-person interview or mail-in renewal (where available).
How long are wait times at US Consulates for E-3 interviews?
We have turned the corner from a dire situation 2022 to an excellent situation with respect to interview availability (as well as consular operations and passport return times generally) at Sydney and Melbourne in 2024. At time of writing, March 2024, we have very good availability of E-3 visa interviews at the US Consulate Sydney, with interview wait times being under 2 weeks in many cases. This has allowed us to turn around E-3 visa cases on a historically rapid basis – our average time from receiving instructions to having the visa in-hand has been around a fortnight in many cases this year.
At the US Consulate Melbourne, there seems to be a bit of a de-prioritisation of E-3 interviews in favour of shoring up B-1/B-2 (Visitor) capacity in 2024. That said, we’re still able to get appointments in under 4 weeks, usually, which historically is very good.
US Consulate Perth is highly variable with respect to E-3 availability.
It’s important to note that the Interview Waiver program changed on 1 January 2024 and Consulates want you to apply by post (mail) whenever possible. New E-3 visas are not interview waiver eligible unless you’ve previously held another US visa of any class other than a B-1/B-2 visa and meet other requirements. If you are renewing an E-3, or previously held one that expired 48 months ago or less, including where your employer is changing, you may be eligible to apply by mail (interview waiver). Contact us for advice.
Is a US entity required to sponsor an E-3 visa?
Yes. A US entity such as an LLC, corporation, partnership, limited company or similar is required to exist in order to lodge a Labor Condition Application. An overseas (e.g., Australian) company may not be the sponsor, they must setup a US organisation. A sole proprietorship may also sponsor. The organisation must have a Federal Employer Identification Number (FEIN) issued to it by the IRS. This is akin to an ABN. The FEIN must be provided on the LCA.
In some cases it may be possible to use a third-party such as a Professional Employer Organisation (PEO) as the entity that lodges the LCA and sponsors the E-3, but this is rarely done.
Where are US Consulates located in Australia?
There are US Consulates General in Sydney, Melbourne, and Perth.
The US Embassy is in Canberra but does provide any visa services at all. There is no Consulate in Brisbane, meaning visa applicants from Queensland must unfortunately travel interstate.
The Sydney Consulate is the largest and busiest (when open), but this often results in longer wait times for interviews there. As such, prospective visa interviewees often travel to Melbourne for earlier visa interviews given it is just a short one-hour flight away.
How soon after the E-3 visa interview can an applicant travel to the United States?
At the visa interview, the consular officer will advise whether the visa has been approved, requires further administrative processing, or is refused. If it is approved, the Consulate will retain the passport(s) of the applicant(s) and the applicant(s) will leave. The Consulate will then spend 2-3 business days further processing the visa and printing the physical visa label in the passport(s).
After printing, the passports will be returned to the applicant(s) via the designated return method. In Australia, passport returns are done via an Australia Post Express Post satchel that the applicant must pre-purchase, pre-pay and bring to the interview. The Consulate uses this satchel to return the passport(s) to the nominated address of the applicant. Australia Post Express takes 1-2 business days. In other countries, Consulates use varying methods to return passports such as delivery and/or pick-up points.
Once the visas are received, the visa holders can travel to the United States no sooner than 10 days before the employment start date nominated on the LCA. Once in the US, an E-3 visa holder can immediately begin working for the E-3 employer as per the LCA and must be paid at least the wage rate nominated on the LCA.
Is an in-person interview required for E-3 visas? Can the interview be waived under the new interview waiver program?
An in-person interview is unfortunately required for most initial US visa applications under 22 CFR § 41.102.
Exceptions where the E-3 interview can be waived exist where the E-3 visa is being renewed (even if the employer is changing). That is, where an E-3 visa has already been issued to the applicant and expired in the past 12 months (currently extended to 48 months due to pandemic backlogs), subject to eligibility criteria, the in-person interview can be waived.
In December 2021, the State Department expanded its interview waiver program temporarily through the end of the 2022. However, the E-3 was not included on the list of visa categories eligible for the interview waiver program.
Where the interview can be waived, the passport and application documents will be posted to the Consulate and processed without the appearance of the applicant. However, in some cases applicants are summoned to an interview and then must wait for a slot.
In person interviews are required for eligibility checks including biometric fingerprint scanning for criminal record checks.
Does an E-3 visa applicant have to have worked for the Australian business before becoming eligible for an E-3 visa?
No. There is no requirement for the E-3 visa applicant to have worked for an Australian business before being eligible for an E-3 visa in the US. There is no need for the US entity to have any affiliation with an Australian organisation.
Can spouses of an E-3 obtain visas and work in the US?
Yes. The spouse of an E-3 visa holder can be issued an E-3D (E-3 Dependent) visa that will have the same 2-year validity as the principal E-3.
There has recently been a positive development in the ability of E-3 Spouses to work in the United States. From 1 February 2022, spouses of work visa holders including E-3 are issued a code on their I-94 record (in this case ‘E-3S’) that indicates they are the spouse of an E-3 visa holder.
They can show this I-94 record and their E-3D visa to any employer in the United States and work for that employer for as long as they maintain E-3S status in the US. There is no need for the employer to do any sort of sponsorship.
This is a significant improvement over the previous system which required the E-3D to lodge an application for an Employment Authorization Document (EAD) which was usually taking 6+ months to process and only valid for 12-18 months.
In many ways the E-3D spouse now has superior work rights to the principal E-3.
Can a de facto partner obtain an E-3 dependent visa?
De facto partners are not eligible for E-3 dependent spouse visas because United States immigration law does not acknowledge common law spouses, de facto partners, domestic partnerships, civil unions, etc., for derivative immigration benefits. To be issued an E-3 dependent spouse visa, there must be a legal, valid marriage certificate.
De facto partnerships are very common in Australia and unfortunately this creates complexities when relocating couples to the United States.
The only option for an E-3 de facto partnership is to apply for a B-2 Cohabitating Partner visa. This is for a partner of a foreign worker with a valid work visa (such as an E-3). However, it is a visitor visa, and only allows stays of up to 12 months (usually, they are only admitted for 6 months). This visa does not carry work rights in the US. However, it can be used as a bridge — if the spouse is Australian, they may be able to secure a job offer in the US and change status to an E-3 of their own with premium processing.
What is the difference between the visa expiry date, the I-94 expiry, and the LCA expiry?
This is a somewhat unnecessarily complex topic which arises from the separation of immigration processes across several mega-agencies rather than just harmonising the immigration system under a single department.
If you are attempting to manage these expiries for an E-3 visa holder, you should contact us for an assessment and advice.
In brief:
- Visa labels (Department of State): travel documents issued by the Department of State to people outside of the US seeking to travel to, and request entry into, the United States.
- Status (Customs and Border Protection): once a foreign national is in the United States, the most important item is the I-94 Record. This is a digital record managed by Customs and Border Protection, and can be accessed online here. The I-94 will indicate the foreign national’s current category of admission to the US (i.e. ‘E3’) and the expiry of their valid stay period.
- Work authorisation (Department of Labor & USCIS): work authorisation is primarily a compliance concern for the US employer (Sponsor) however it can also affect the visa holder as they can be held responsible for non-compliance.
As mentioned above, once an E-3 visa holder enters the US, their E-3 visa label (in the passport) becomes irrelevant until they leave the US. In the US system, visas are only seen as travel documents that allow a foreign national to board a flight to the US and request entry into the country in that class of admission.
Therefore, when an E-3 visa holder is in the US, the most important date the visa holder and their employer should monitor is the I-94 Expiry. The foreign national absolutely must not overstay the I-94. An overstay of 180 days or more will trigger automatic bans from the US upon leaving the country.
The work authorisation is derived from the LCA expiry, which is usually close to the visa expiry, but not always. If the LCA expires, for example, on 01 April 2022, but the I-94 of the foreign worker expires on 30 September 2022, the worker will not be able to work for the employer in the United States beyond 01 April 2022 unless an extension is lodged with USCIS prior to expiry of the LCA.
If the LCA expires and a new one is not lodged with an extension, then the employment must terminate. Once an E-3 worker’s employment ends, they have 60 days to either depart the United States or change to another status. That said, the US Consulates tend to not pay much regard to this concept of status and primarily are guided by the I-94 record.
Can an E-3 be obtained for a part-time role?
Yes, an E-3 visa can be obtained for a part-time role. The job in the US does not need to be full-time. The LCA allows for an hourly wage rate to be stated rather than an annual salary, and allows designation of whether the role will be full-time or part-time.
There is no minimum number of hours required for a part-time E-3 role, however, there are potential public charge considerations (see below). A part-time LCA cannot result in employment of more than 36 hours per week, generally.
There are some considerations as to whether a role will provide enough of an income in the US to allow the person to support themselves and not become dependent on welfare and public resources in the United States. For example, these concerns may be raised by the consular officer where a role only provides for $300 per week in expected income (or a similarly low amount). If the applicant is independently well-resourced (i.e., significant savings balance) this can overcome these concerns.
Can an E-3 visa holder work for multiple employers?
Yes, it is possible for an E-3 visa holder to work for multiple US employers. We have organised applications of this nature in the past. However, there are important considerations:
- An individual can only hold one E-3 visa label in their passport, not multiple ones.
- Therefore, to be under the employ of multiple employers, multiple LCAs must be presented at the visa interview when applying for an E-3 so that all LCAs can be annotated onto the single E-3 visa label.
Can a creative artist get an E-3 visa?
A person working in a creative role such as a singer, actor, or performer in fields such as the arts, film, music, etc., may be eligible for an E-3 visa as some creative / artistic occupations are increasingly classifiable as specialty occupations, due to many workers in these occupations in the US now holding Bachelors degrees. Creatives working on the commercial side of the creative arts, such as in a Producer role at a production company, who possess a university degree or experience in lieu, are usually E-3 eligible. A producer may still have ancillary job responsibilities that include creative performance.
Can a skilled tradesperson get an E-3 visa?
Purely skilled trades roles (for example, Mechanical Fitter) are generally not “specialty occupations” for E-3 purposes. However, skilled tradespeople often work in specialty occupations. For example, skilled tradespeople often work in roles such as Construction Manager at a construction site or Quality Assurance Manager on a mine. Some roles may be classified as Engineering. These roles are usually specialty occupations. If the worker has a degree, or enough experience in the specialty occupation role, they can obtain an E-3 visa.
Do E-3 dependents have to be Australian citizens?
No. Dependent spouses and children can have any nationality and be issued an E-3 Dependent visa.
What is the public posting requirement? Is it true that the E-3 salary has to be made public?
The lodgement of an LCA for an E-3 carries compliance obligations. One is that a posting notice must be posted, either physically or digitally, for 10 consecutive days at the place of business in the US. While the notice and LCA do not contain the name of the person being hired, it does contain the job title, the specialty occupation classification, and the salary. All LCAs are public and are reported in quarterly reports.
One noteworthy point about posting notices is that the regulations state that “affected employees” need to be notified. These are other employees at the organisation who are in the same specialty occupation as the foreign worker being hired. We find many immigration law firms do not perform this level of analysis and instruct all clients to post. Many employers are sensitive about posting salaries. We do analyse whether there are affected employees and whether posting needs to take place. Further, we provide digital posting notice and public access file hosting. Digital posting can include a link in a company Slack channel. It is also a common misconception that posting notices need to be signed by the employer — they do not.
The second key requirement is the maintenance of the Public Access File (PAF) for each and all LCAs under the employer. The requirements of the PAF are beyond the scope of this post. The PAF must be maintained for 1 year past the LCA work authorisation period (so a total of three years for a single E-3 LCA). It must be made available publicly to anyone who asks to see it — including for example an anonymous caller to the business. We prepare and maintain the PAF for employers in a digital file accessible publicly.
Can E-3 visas be applied for in other countries?
E-3 visas can be applied for at any US Consulate around the world, however, there are important considerations:
- Some US Consulates in smaller countries do make outright policies that they will not handle initial E-3 visa applications, only renewals.
- Larger, hub Consulates/Embassies such as London, Singapore, Hong Kong, Frankfurt, etc are perfectly fine for E-3 and are now being used more often due to the pandemic as well as long wait times at Australian US Consulates.
- Some smaller or more remote Consulates may be staffed by consuls who have never seen E-3 visa applications before. This can present risks of long administrative processing delays, or incorrect refusals due to lack of familiarity with the regulations.
- If there are any criminal convictions or other admissibility issues in the applicant’s record, it is best to apply in Australia, as Consulates in other countries may refuse to adjudicate these cases due to lack of familiarity with Australian criminal law, etc. (the exception being if the applicant is also a citizen of that country).
What are the government fees involved in an E-3 visa application?
As a petition is not required to be lodged with USCIS for an E-3, fortunately the government fees are comparably lower than similar work visas such as the H-1B. The only fee required for an E-3 visa is the Machine Readable Visa (MRV) fee paid to the Consulate when booking an appointment. This fee is 504 AUD / 315 USD per visa (meaning the fee is also paid for each dependent). There are no other government fees involved, and there is no fee for lodging an LCA.
Can a business owner/director obtain an E-3 visa?
The general rule is that an E-3 visa applicant must be a bona fide employee to receive an E-3 visa.
The simple way to determine whether they are a bona fide employee is to ask the question: can someone fire this person?
A shareholder can still be an employee. For example, a startup founder who has a minority shareholding on the cap table would be answerable to the other shareholder(s) who collectively hold majority control. That founder could potentially have their employment terminated, meaning they are a bona fide employee even if they’d still hold onto their shares.
General advice is to have a Board of Directors established with control over the US company, with an Employment Contract in place for the applicant’s role. The Contract would contain provisions for termination of the employment under certain conditions. In that case, the applicant would be deemed an employee for E-3 visa purposes even though they own the company, and potentially even if they own a majority of shares.
Smaller businesses may not be able to establish a Board of Directors. In those cases, there are steps that can be taken to create an employment relationship via the contract or shareholding structure.
Discussion and comments
If you are seeking specific advice and/or would like assistance with the E-3 visa process, please feel welcome to send us any questions you have or book a meeting with us here. We encourage discussion in the comments below as well.
Hi. I am applying e3 visa for first time. But my employer has given me 10 weeks to be present on usa soil. He told me that being a first timer if i give interview in Singapore , hongkong etc , there are higher chances of rejection and If it was only a renewal then giving interviews outside of home country was fine. Can you shed light on this?
Also Does embassy pay attention to minimum wage requirements?
Hi Aftab. This is a common thought, and we’d say it’s a misconception. Certainly at very small, remote consular posts that would never typically see an E-3 application, you are at a higher risk of adjudication errors or an outright refusal to adjudicate the visa. Some Consulates do publish notices that they won’t process initial E-3, only renewals, but this is rare.
However, at Singapore, London, Frankfurt, Madrid, etc we would have no concern about this unless there was something in your background (criminal matter etc) that would require applying in your home country. We’ve supported many applications for initial E-3 at these posts without issue. If you’re looking for consular support through this process that is something we offer — please contact us through the enquiry form on the Contact page. Thanks.
Iam an Australian citizen Assisting in Nursing or personal carers want to go work in USA for one year.
Hi Taraisi,
You will need to be a “Registered Nurse” as this is the occupation which qualifies for an E-3 within the field of nursing because most have a Bachelors degree or higher. If you have a degree, you may not need to actually be registered yet in the US but demonstrate you are eligible to be registered upon arrival in the US. Personal carer would not qualify as a specialty occupation for E-3.
I am intending on building a startup in the USA. My role will be CEO and we are in the fintech sector. I’ve been told that my salary will need to be compared and benchmarked. Is it true a survey will need to be conducted? If so, to what extent will they consider that I am startup and will pay myself considerably less than say a mature fintech company.
Hi Vincent,
You do not need to conduct a wage survey. Instead, published wage data is used. Your wage will need to be at least the prevailing wage or higher, there is no consideration for the status of the company. You will want to select an occupation that has a lower wage threshold, if possible. We have experience with this and do assist clients with this if we are handling their E-3 visa application.
Hi Sherwin,
I work in Motorsport and have a refined interest in the operation and logistics of Formula One. Would this fall under the “specialty occupation” category when looking into an E3 Visa? No bachelor degree is required for this however i have many years in this field and it is a small field.
Hi Harry,
Thanks for your question. You could use the specialty occupation code “General and Operations Managers” since your role would involve operations and logistics management. We do quite a few E-3 visas under this SOC code at US Consulates globally with no issues. USCIS may be different, but isn’t required for an E-3. You will need 12 years of experience if you do not have any university studies completed. Strictly trade / technician roles would not qualify as a specialty occupation.
Hello,
I will be entering the US on an E3 visa in a few months. I am wanting to enter before the allowed 10 days.
Can I enter on an ESTA, exit the country, then re-enter on my E3 visa?
Alternatively, can I enter on my ESTA and then change status to E3 without needing to leave the country?
Thank you!
Hi Eliza,
I would not expect an issue departing on ESTA then returning on an E-3.
ESTA cannot be changed to another status or extended at all, unfortunately.
The 10-day advance period for E-3 visas may not be strictly enforced by CBP if it’s a matter of only a few days. The reason is that they no longer request you carry a copy of the LCA, and the E-3 visa labels being issued these days don’t usually have the start date of the LCA on them, only the expiry.
Because of this rule, we coordinate our LCA start dates with the intended/desired date of entry of the Employee. However, that is not usually the case with many law firms.
Is there a minimal time period the job offer must state or would it be acceptable to have a job offer for only a few months? Would the visa still be issued for two years in this case?
Hi Jordan,
The LCA for an E-3 must be two years, but there is no obligation for the US employer to maintain the employment for any particular length of time. The employer could terminate the employment after a few months if desired (subject to local/state labour laws) and withdraw the LCA. The visa holder would then need to depart the US within 60 days. We have experience obtaining E-3 visas for short-term assignments and seasonal work, and it is not an issue.
Is it ok and safe to apply for E3 visa in Fiji to avoid long wait times in Australia?
Hi Mina,
Yes, we have previously completed applications at the US Embassy, Suva (Fiji) for E-3 applicants successfully when the Sydney Consulate was closed for an extended period of time. The State Department is encouraging applicants to apply anywhere they can get an appointment. Keep in mind a couple of things: you must select the ‘nonresident’ option when booking an appointment, and you cannot pay the MRV fee in Fiji with credit card. You can only pay in cash at a Fiji Post outlet. We use an agent on the ground in Fiji to do this for our clients. We support applications in Fiji.
Hi Mina,
Yes it is. We have had many successful E-3 applicants at Fiji when wait times in Australia were too long.
Hi Sherwin,
We applied for E3 visa and received Administration Processing and awaiting on response for 2.5 month. have you ever had any similar client?
And also, can the spouse of the E3 visa holder, enter to USA soil separately?
Hi Ana,
Dual Iranian-Australian citizens are at a high risk of administrative processing for all visa applications including E-3, unfortunately. Some cases pend for security checks for several months or a year.
Hi Sherwin
Fantastic article.
My husband is an Australian citizen and I am an Irish passport holder. We are both coming up to our first E3/E3D visa renewal in October. My husband wants us to mail in our application (interview waiver) when we visit Australia at the end of this month. He is certain that my visa will be renewed along with his using the mail in service but I am not convinced as I am not an Australian citizen…
I cannot find an answer to this concern anywhere online, are you able to shed some light?
Kindest Regards
Hi Janine,
Your mail-in eligibility (for a renew by mail E3D) is not based on your nationality. There are other criteria which must be satisfied, though.
Hi Sherwin,
Can you apply for E3 visa for a 6 month internship?
Hi Amanda,
There is nothing that says an E-3 can’t be obtained for a six-month period of work. The LCA will be withdrawn after the employment ends.
I am Australian and qualify for an E3. My partner (by Defacto) and I have been together 2 years. Am I right in assuming my partner will not be able to be on my E3 visa as a partner?
Hi Nick,
That’s correct, unfortunately. The US does not recognise de facto relationships for dependent visas. If you have an E-3, your de facto partner can obtain a B-2 Cohabitating Partner visa to reside with you, but this will not carry work rights. A marriage certificate is required for an E-3D.
Hi Sherwin,
I’m applying for E3 visa for myself and E3D for my spouse. I have completed the DS-160 forms for both of us, however I’m facing a problem while scheduling the visa interview on the new portal. I’m unable to add E3D visa option for my spouse, only B1/B2 and C type are available. I have added a Support request as well, but not getting any response. I’m afraid my DS-160 application may expire soon.
Can you help arrange the visa interview through any alternate channel?
Thanks in advance.
Hi Ankit,
Unfortunately the new platform is, to put it bluntly, atrocious. It is riddled with bugs, especially when dealing with dependents. We haven’t encountered the specific issue you’re facing, but there are always new bugs occurring. Would suggest you call the US Travel Docs support phone line and speak to an agent. Unfortunately we’re not able to step in on this case as we do not have a solution either as it is in the hands of CGI Federal.
Hi Sherwin,
I’m an Australian citizen. I want to work in America but have previous criminal convictions from over 20 years ago. I have a 4 year bachelors degree in social work (honours) and was thinking of applying for a social work position. Would I be able to get the E3 Visa? I know about the waiver of ineligibility as I’ve previously visited USA this way. If this is possible with the E3 Visa, are the time frames any different to the B1/B2 Visa and what else is required?
Thanks,
Andie
Hi Andie,
Assuming your assessment of ineligibility was correct, you will require a new waiver of ineligibility when applying for your E-3 visa.
If you were recommended a waiver for your B-2 then it is likely you will be recommended again.
Sometimes renewals process more quickly than new waivers, but this isn’t always the case.
We assist with many waivers of ineligibility / inadmissibility. Please feel free to book a consultation with me to discuss further.
If we are applying for an E3 visa a second time, do we have to go for an interview again?
Hi Adam,
If you have an existing E-3 visa that is valid or has expired within the last 48 months, then you may be eligible to renew your E-3 visa (including changing employers) by mail with the US Consulates Sydney or Melbourne.
We do assist our clients with mail-in renewals.
You must satisfy all of the following eligibility criteria to renew an E-3 by mail:
Hi
I got an employment offer from a xyz company and received a LCA and got an E3 visa from 13th oct 2022 to 11 sep 2024 , but then for some reason the employer lost the project so I didn’t travel to the usa. Now in August 2023, the same employer reached and asked me to travel to the usa for work as he promised me a project in IT cyber security.
I entered into the usa on 29th August 2023, and got busy with obtaining drivers licence, bank account and SSN. During that time my employer reached out to me and said there is no work for me and layed me off. So I thought as im already in the usa and got the ssn bank acc and DL, I cant find myself a new employer and file a change of employer petition. But, I was unaware of the 60 days grace period and I was still unabletl to find an employer. The moment I realised that I have exceeded the grace period I left the usa.
Question: what is my day 1 of my 60 day grace period?
Entered: 28th August 2023
Received SSN : 13th September 2023
Left USA: 25th November 2023
(Note: I never earned a single cent in the USA during the stay on my SSN)
Question2: I have all my Usa job hunting setup (usa mobile number, LinkedIn, dice etc) with me, and im getting approved by the potential employers to provide me a new LCA, can I still look for a job in the usa and get a new LCA and new Visa and travel back to the usa for a new employer and the little overstay is going to hurt me in doing so.
Please let me know, I appreciate your time
Thanks
Hi Sam,
Thanks for your comment. For specific legal advice applied to your circumstances, please schedule a consultation with us here.
Hi Sherwin,
First of all thank you so much for your replies here. They are really helpful.
I am planning to move to US as software engineer. But when I apply for job, and when the employer see that I need a visa sponsorship, I get rejected.
Is it mandatory to have a job offer from USA for applying for E3 visa?
Thanks Jimmy. Yes, you do need a job offer from a US employer in order to be issued an E-3 visa. The US employer must lodge a Labor Condition Application with the Department of Labor. This is a key part of the process. You might want to check out some of the resources at AussieRecruitSF.com about how to find a job in the US as an Australian utilising the E-3 visa.
Hello Sherwin,
I am an Australian citizen and have a Diploma in Montessori Education as well as 23 years of teaching experience; mentoring other staff members and managing a Childcare centre for 15 months. I would be able to have an accompanying reference supporting my time in teaching.
Would i be eligible for an E3 visa based on the above information seeing i do not have a degree in teaching?
Thank you for your time and consideration.
Michaela
Hi Michaela,
You would be E-3 eligible on the basis of having 12+ years of professional teaching experience.
Keep in mind there may be a licensure requirement for teachers depending on the role and state you will be working in, but, if your job in the US doesn’t require a licence, then you will be fine.
Hi Noorian,
I am an Indian by origin but have Australian citizenship and would like to apply for E3 visa. However, I am worried if my previous USA visa overstay will cause an issue in ne obtaining E3 visa(H1B extension based on I140 went on administrative hold for 2.5 years and didn’t hear any decision form USCIS). Can you please be able to provide any insights on this?
Thanks
AK
Hi AK,
Firstly we would analyse the facts of your case to determine whether you maintained status during the delay; it’s possible that you did not accrue unlawful presence during that time.
If you did accrue unlawful presence, you will have a bar against you and will need to apply for a new E-3 visa but with a waiver of ineligibility. This is discretionary and will take 6+ months regardless.
However, it is worth a closer analysis to determine whether you have unlawful presence or not. Please contact us for a consultation.
Hey Sherwin,
I am currently interviewing for a position with the Philadelphia Phillies. However, I have not completed my bachelor degree yet, I still have a few years left. I’m also only 22 so obviously don’t have 12 years experience in Lieu. If the company want to hire me because I am the right fit for the job, would I be able to get the E3 visa or is there another visa that would be appropriate?
Thanks Mackenzie
Hi Mackenzie,
I think with your age it will be hard to argue you have full-time work experience plus partial university, so an E-3 would risk denial in this case.
This article does a fantastic job of breaking down all the important aspects of the E, making it easier for everyone to understand and navigate.
Thank you. We are glad you found it helpful.
Hi Sherwin
I am an Australian resident and citizen who has applied for a green card. Does this fact alone make me ineligible for an E-3, given that my “intention” with applying for a green card is arguably to immigrate permanently? Aside from ineligibility, would it be * improper* to seek/obtain an E-3 in circumstances where a green card application is already in the system (but not yet obtained)?
Thank you
Hi Ben,
It depends what you mean by ‘applied for a green card’. Are we talking about adjustment of status on E-3 or rather an immigrant petition (for consular processing).
An immigrant petition (family or employer-based) can be filed for you whilst under E-3 status, as long as you make it clear you will not adjust status in the US and will pursue consular processing at Sydney Consulate.
If you have lodged adjustment of status in the US under E-3, then the AOS is denied, you will most likely not be able to obtain an E-3 visa for a long time after that.
hi ,
do you know the processing times for interview waiver applications at this time? I cant find information on, i found 15 days to the consulate customer service saying 30 days
Thanks
Hi,
Please keep in mind that the interview waiver program has just changed from 1 Jan 2024 and is not as expansive as last year in terms of who can apply by mail.
For interview waivers at Sydney and Melbourne, they will always quote a standard processing time, but in reality times vary based on their workloads as well as the travel date stated on the application.
Processing has been generally quite quick and we got through the Christmas peak without any significant delays — usually under a week.
If a family moved to USA with E3 Visa and husband works there and wants to continue living in USA, can the wife and children return to Australia, and if so what are the legal requirements and repercussions?
Hi Hendrika,
There is no requirement that dependents accompany or remain in the US. There is no issue with the wife and children returning to Australia.
My partner and I are looking to move to the US and will be starting the E3 process very soon. I just recently received a job offer.
Just wondering if it affects chances of the visa getting approved if we get married and obtain a marriage certificate not long before the appointment would take place at the embassy/consulate?
Hi James,
It will not be an issue to obtain the marriage certificate just prior to the interview. Non-immigrant visas work differently to permanent ones – you won’t receive scrutiny as to the motivations or intent behind the marriage certificate as as it will be clear your relationship is genuine.
Feel free to contact us for advice or assistance with your visa applications as we have had many clients obtain the certificate just prior to the interview.
This article is great, thank you!
Given that you can now apply and interview for jobs on a tourist visa in the US, if I were to receive an offer and file for E-3 visa while in the US, would I need to return to Australia for the interview with the US consulate or would I be able to do that in the US?
Thanks!
Hi Olivia,
While USCIS stated last year that applying for jobs is acceptable on a visitor visa, I would exercise caution with that. Entry to the US is at the discretion of Customs and Border Protection, a different agency to USCIS, and they have their own policies. I would not mention that explicitly to CBP at the port of entry to avoid issues.
If you are on a visa such as a B-2 Visitor visa, you can change your status with a USCIS filing to E-3, although traveling to a Consulate may be easier, faster and cheaper.
If you are on ESTA (visa waiver program), you cannot change or extent your status at all, and you must depart before your stay expires. You can apply for an E-3 at a US Consulate abroad in that case.
Hi, just wondering if there are any immigration problems entering the USA about 15-20 days after the employment start date stipulated on the LCA (my employer is ok with this). I assume there aren’t any problems as it is a multiple-entry visa and nothing so far has suggested this to be a problem. I would appreciate it if you could confirm this for me! Also which documents do I require at the port of entry? Thanks, Tom
No issue after it. If a long time has lapsed (months) perhaps carry an updated letter of support from your employer confirming you are still employed.
Hi Sherwin,
Thanks for this very helpful article!
My partner & I (both Australian) are currently in the US and are getting married here – He is currently working on an E-3 visa and I am here on an ESTA so we would be applying for my E3-Dependent visa while already residing in the US. Do know if sitting the E3-Dependent visa interview outside of the US is still required for me in this case or is there potentially a waiver option (i.e. not required to attend at a US Consulate abroad).
Much appreciated
Hi Bronte,
If you are on ESTA you must depart before 90 days and you must apply for an E-3D visa at a US Consulate abroad. Doesn’t have to be Australia, but you must leave the US as there is no way to extend or change an ESTA entry.
Thanks for the informative article Sherwin.
I have a pending I-140 as part of my EB2-NIW application. Would I still be eligible for the E-3 visa while I’m waiting for my Priority Date to be current? Would it jeopardies my immigrant visa application given E-3 is not dual intent?
Yes the State Department policy manual is clear that you can have a pending or approved I-140 and still be issued an E-3. You do have to state unequivocal lack of immigrant intent. You will need to state you intend to return to Australia to consular process (not adjust status).
Hi Sherwin,
This is the most useful and detailed article I have read on the E3 so far – thank you!
Do you have any updated approximate wait times for E3 processing/interviews at Sydney vs London?
What is the usual process to get from an E3 to Green Card (family based)? Can you go through consullar processing for this (i.e. send it outside the U.S.) if you are currently working in the U.S. under the E3? There was a similar question asked earlier but I was a bit confused, thank you.
Hi Frances,
Thank you and glad you’ve found it helpful.
Wait times are very low at Sydney lately – under a week sometimes. London varies considerably but generally winter time is not too bad.
E-3 is recommended to avoid adjustment of status if possible (doesn’t mean it’s not possible) and go for consular processing. Adjustment can be done successfully but you have to realise you will not be able to depart the US until you have advance parole and that can take 6 months.
Happy to explain the differences and strategies on a consultation if you’d like to book one.
Hi there, if I marry my partner after my E3 visa has been granted, are they still eligible to apply for the E3-D visa?
Hi Ed,
Yes they are still eligible, it’s not an issue for the E-3D if the marriage was entered into after the visa was granted.
Hi – i have completed 3 years of a 4 year Bachelors degree, along with 3 years work experience in my field.
Am i at risk of being denied my E3? My role is a specialty and there is nobody else that could do it.
Thanks
Hi R,
This is very general guidance and not specific to your case: yes, it is possible (likely) to have a consular E-3 approved with 3 years of university completed plus 3 years of professional, full-time work experience.
Hi Sherwin,
Thanks for the best E-3 visa guide I have seen 🙂
I have a quick question. My LCA has been signed off as paying me by the hour. Does this mean per hour I can only be paid this exact amount, even if there are overtime benefits or bonuses (for example)? What if my employer gives me an extra task (or a work trip) that doesn’t fit into the category of my job description and I am to be paid a different amount for that? Would I have to decline that job? I am concerned about the potential tax and visa implications of not being paid that exact amount per hour of any work I do for the company.
Thanks so much, Tomas
Thanks Tomas,
You can be paid more than the wage on the LCA, but not less.
Hi Sherwin,
I recently received my E3 visa as a full-time employee but my employer is now asking if I can work part-time. Is it correct to assume that as long as I am in the USA I should be able to amend my LCA with minimal problems and not have to go through the whole process of attaining the visa again? Is there a chance they reject my LCA this time around?
Thanks, Jim
Hi Jim,
An amendment with USCIS is an option. There’s no real reason why a part-time E-3 should be refused, but USCIS can be difficult at times.
Thank you answering the questions and a very insightful article . I am an Australian citizen working in IT and interested in the US Tech industry . Could you please shed some lights on where to find employers who can offer jobs with E3 .
Hi Raz, you might want to check with AussieRecruitSF.com and/or IT consultancies in the US.
Hi,
Thanks for the excellent article and answering all the questions!
I have two degrees in law and multimedia journalism, plus a graduate diploma in legal practice. The job I am interviewing for requires “marketing or business degree or similar”. The work is highly specialised in motorsport and I have 10 years’ experience of almost identical responsibilities (amongst 15+ years in the industry altogether).
Is it a problem that the job description specifies two degrees that are not the degrees I have? Does the “or similar” provide any flexibility?
Hi Jess,
The multimedia degree sounds close enough – in our experience the Consulates aren’t requiring an exact match with respect to degree majors and role.
This is the best article I have seen regarding e3 visa.
I have a few questions,
I work in cyber security sales management and i have an MBA but no bachelors degree. My employer wants to move my current role to the USA because I’m in a global leadership role and time zones can be challenging from Australia.
Should I expect issues having an mba but no bachelors and will they need to advertise my role for the LCA?
Thanks, Dave.
You will be fine to obtain an E-3 via a US Consulate with an MBA as the regulations require a Bachelors or higher .
We had an E-3 approved last week with the same exact situation.
Feel free to reach out to us via the Contact Us page if you or your employer require advice or assistance with this process.
Hi Dave,
MBA but no Bachelors is fine – we recently had an approval with that exact profile.
Hi Sherwin
I have a job offer from a hospital in the US (South Carolina) with a proposed start date first week in May. I am a registered nurse with a bachelors degree and over 40 years of experience.
I am waiting on the validation of my credentials to enable me to sit the NCLEX exam for registration within South Carolina. My credentials will be validated by March 14. My question is if I receive a letter of offer from my proposed employer stating pending NCLEX attainment and they complete the LCA am I eligible to apply for the E-3 visa?
Hi Debbie,
If you are very near achieving your licensure then you can be issued an E-3 visa for a licensed occupation.
Hi Sherwin,
I have been living in the US for the past six years. I was initially studying undergrad on an F1 visa and I have since been working on an E3 visa. I am starting law school in the US later this year and I want to work simultaneously, and thus I would like to stay on my E3 visa. Am I able to stay on my E3 visa while studying full time (assuming I maintain all eligibility requirements with my current employer)?
Thank you so much for your help!
Hi William,
You can study whilst on an E-3 visa. Probably best to run this past your uni’s international student office, though.
Hi Sherwin, first great post, as a fresh E-3 applicant, this post provided me most helpful info out of the lot. One specific question, I have scheduled E-3 appointments for my family including a minor child (13 years). The appointment confirmation shows everyone including the child. I’m getting conflicting messages about whether or not need to bring the child for the interview, Can you please provide some clarity? I do not have a problem with bringing the child to the interview but if that is not allowed, where are we supposed to submit his paperwork?
Hi Paul,
Thanks. Children under 14 do not need to attend the interview. If the child wasn’t booked with you, you need to create a separate profile and pay the MRV fee for his visa, and carry his application documents to your interview.
Thanks a lot for your response Sherwin, in my case, the Child has been booked with me, and his name appears on the same appointment confirmation. The idea of a separate profile obviously did not occur to me during the booking. Is it possible, to take him with me (understand that is not encouraged) or is that specifically prohibited? Alternatively, what are the consequences (if any) in case the child does not show up at all even after the appointment confirmation shows his name. Apologies for the follow-up question but I believe this will be beneficial to many readers because a lot others will likely find themselves in this scenario.
Hi Sherwin,
A very helpful article, thank you.
I am currently in the US on the ESTA. I have a job offer from a US emplyer. Can I submit my DS-160 Form while I’m here in the USA? I’ve read that would mean I need to deal with an I-129 beforehand. Whereas if I travel home to Australia and submit the DS-160 when home, I don’t need to worry about I-129 – is that right?
Is the I-129 a lengthy process? I wonder if its quicker to fly home, apply for E-3 from Melbourne, and be back in the US on my E-3 in the same time (or less) that it might take to obtain I-129 permission first.
Any advice is most appreciated.
Hi Jack,
You cannot apply via I-129 petition as you are in the US on ESTA – this cannot be changed or extended. You must leave an apply for an E-3 visa at a US Consulate abroad. Please get in touch if you need advice or assistance.
Hi, I am about to apply for an E3 visa with my new job. I wish to bring my fiancé with me. My question is, when do we need to provide a marriage license? Would that need to be provided in my application? Or only when he applies? Or would we need to apply for the E3 visa together?
Hi Fiona,
Spouses can apply with a concurrent interview with the principal E-3, or on a standalone basis after the principal E-3 visa is issued. The marriage certificate is provided at the visa interview of the E-3D Spouse.
Hi Sherwin,
I am an Australian citizen and currently planning to apply for an E3 visa. Would like to know if a person needs to be employed to apply for an E3 Visa as currently, as I am on my maternity break.
Regards
Pat
Hi Pat,
There is no requirement to be currently employed (in Australia or elsewhere) to qualify for an E-3 visa.
Hi Sherwin,
Thanks for your informative posts about the E-3. I am an Australian citizen who is a screenwriter with some connections with the film industry in the U.S. I saw above that creative roles would not be eligible for an E-3, and I wondered if this applied to screenwriters as well.
Many thanks
Hi Patrick,
We need to refine that section a bit. Some creative occupations are increasingly classifiable as ‘specialty occupations’ given the majority of workers in those roles in the US have Bachelors degrees. For example, Writers qualifies: https://www.onetonline.org/link/summary/27-3043.00
Please get in touch if you’d like advice or assistance with your E-3.
Hi Sherwin,
Thanks for all this information.
My situation is I am an Australian citizen and have recently reached retirement age but have been asked to join a Swedish film production company as an Executive Producer/ writer.
Part of this role involves frequent travel to the USA for filming.
Is an E-3 visa application the best option for me?
Note: unsure of the employee status and no wage applicable – only profits at completion. Thoughts?
Hi Dawson,
You would likely be eligible for an E-3 visa under employment with their US entity as a Producer. However, you would need to be paid a salary in the US, solely a profit distribution at the end would not be compliant. Please get in touch if you’d like advice or assistance with your E-3.
Hi Sherwin,
What are my Australian tax obligations for my earnings in the US, when on the E3 Visa?
Thanks.
Great article, thank you!
Is it possible to work for a fully remote (US based) company on the E3 visa? Is it fine that there would be no physical address to list on the LCA?
Thanks 🙂
Hi Louise,
The LCA requires a physical address to be used as the work site location. It is fine to be in a remote position; in these cases, we usually list the home address as the work site. If this address ultimately changes, case law and policy hold that a new LCA is not required if the new work location is in the same metropolitan area.
just an observation – the below part in the main article… the math is incorrect. //The rule for assessing experience is that 4 years of full-time work experience equates to 1 year of a Bachelors degree. This means that 12 years of experience are needed to have the equivalent of a four-year Bachelors degree.//
Thanks for pointing this out, Mathew! You are right, and we will correct this.
Hi Sherwin,
Great information on this page and informative responses to queries.
Hoping you could shed some light on this situation:
My partner is NZ citizen, will be applying for AUS citizen in Dec ’24. Looking to make a move to US in tech. I am AUS citizen. Both born overseas, migrated to AUS as kids with family.
a: is he able to apply for a visa similar to E3 on NZ citizenship to work in US?
b: in de facto relationship, if we wait out till his AUS citizenship, will I get working rights on US?
Thank you 🙂
Hi Nikhita,
Thank you. NZ citizens are not eligible for the E-3 visa unfortunately. De facto partners are not eligible for US dependent visas such as E-3D and a marriage certificate is required. If you are married, and your spouse is on an E-3 visa, you will have work rights in the US.
Thanks, Sherwin, for the great article!
I am an Australian citizen with a bachelor’s degree from another country. Would that be acceptable for the E3 visa?
Thanks, Anna
Hi Anna,
Thank you. Yes, a Bachelors from other countries is acceptable for an E-3 visa as long as it can be deemed equivalent to a US Bachelor’s degree. We have obtained many E-3 visas successfully with foreign (non-Australian) degrees. We generally do not need to obtain independent equivalency assessments for these degrees, but one can be requested by the Consulate.
Hi Sherwin, Are Aussie dual citizens eligible for E3 visa? Thanks!
Hi Kevin,
Yes, Australian citizens who have another nationality (other than US) are eligible for an E-3 visa.
The requirement is to present a valid Australian passport for an E-3 visa, and there are no issues with having other citizenship(s).
Some dual nationals, whose other citizenship is from a country such as Iran, may be subject to heightened security screening and their applications may be delayed in administrative processing, however.
If I get an E-3 visa…
1) can this lead to US citizenship? (After 5 years)
2) how many days must you live in the US to fulfil the requirements?
Can you live /work in Australia /US 50/50?
3) if your children are 22 but still at College or dependants then what? (College – F1 visa) but if not at College?
Thanks.
Hi MJ,
It is possible to pursue permanent residency (green card) whilst on an E-3 visa, subject to some important considerations to navigate around non-immigrant intent. PR is required first before you can apply for citizenship. There is no special pathway to PR/citizenship for Australian citizens that arises under the E-3 visa, but the same options that are available to others are available to E-3 visa holders.
It is possible to maintain a green card (LPR status) in the US and spend half your time in Australia, but there are important considerations to navigate in order to avoid being deemed to have abandoned US LPR status. There may also be taxation concerns with both countries. We recommend seeking out a consultation with us for more specific advice.
Children 21 or over are not eligible for dependent (E-3D) visas. They will need to be on another visa such as an F-1 (if studying). They would be in the same position as any other non-citizen and need an appropriate visa.
Hello. Thanks for the wonderful article. I was a green card holder but left in 2019. I assume my GC is considered abandoned. Could I still apply for an E3 as a Pediatric and Emergency Specialized RN?
Thank you Sarah. If your green card is still valid, it is advised that you submit a formal abandonment of your permanent residency to USCIS. If your green card is expired, you may not need to, but it is generally still advisable that you formally abandon, so that you avoid potential issues travelling to the US (whether on ESTA or a visa). Then, you can apply for an E-3 without any issues or concerns. We have obtained E-3 visas successfully for former permanent residents.
Hi Sherwin,
My fiance is seeking employment in AUS and has some solid leads in the construction field that could lead soon to an offer (I am US citizen). He has no bachelor’s degree but over 16+ years of experience and will need the degree equivalency from what I understand. Do you have a reputable source for where we can begin this process? Or can we generally approach it from any websites that are offering this online. Unclear if this is taking into consideration or it matters exactly which source.
Additionally, can we foresee conflict if we plan to get married whilst he is on the E3?
Thanks
Hi Whitney,
We have stopped obtaining third-party equivalencies from companies for consular E-3 visas as the US Consulate doesn’t seem to require them. Instead, we have the Applicant carry a detailed CV/Resume and ensure they can clearly explain their eligibility based on work experience in the consular interview. However, experiences may vary.
Hello Sir,
I am an Australian citizen and right now I and my 3 years old son are in USA on E-3D visa with my husband, who is on E-3 visa, employed in a company. I am looking for a job. Recently some serious problems have arised in our marriage life and we may have to opt for separation (Divorce). Under such circumstances what will be my Visa status and for how long can I stay in the USA?
Hi Ami,
Please arrange a consultation with us using the Contact page linked above, as the comments section here is for general questions only, rather than specific, individual legal advice. Thank you.
Hi,
Is it possible to apply (I-129) and get E3 visa while I am in ESTA status?
Some people said it is possible to apply inside USA.
I do’not mind for passport stamp. just needs to work…
Regards,
David
Hi David,
No, it is not possible to change or extend status when you have been admitted under the visa waiver program (ESTA visitor). You must leave the US prior to the expiration of your status. There is no option to change in-country. You must leave the US and apply at a US Consulate for an E-3 visa. It does not necessarily need to be back in Australia; we send people to London frequently, for example.
Note as well that USCIS will not accept an I-129 petition for E-3 status unless the Beneficiary is inside the US with valid status (not ESTA). An I-129 petition should not be lodged if the Beneficiary is outside of the United States as it will be automatically denied. Instead, apply at a US Consulate directly for an E-3 visa.
Hi Sherwin, I am E-3 Visa Holder for the first time. since arriving in US . I have to go back to Australia to visit my family . Do I need any other document to travel Back to Australia and re enter US to continue my employment. Only away for 8 days. My E-3 Visa is Valid till May 2026.
Emmanuel
Hi Emmanuel,
You need your visa, and we advise that you consider carrying a copy of your certified LCA when entering the US. Otherwise, for an 8-day absence you are unlikely to be asked much about it.
Hi , I am due to fly to Australia on 1st September 2024 for 8 days visiting Family. I am in US with E-3 Visa Expires In May 2026. Do I need any New Document to Re Enter US for further work Commitment ?
Regards
Emmanuel
Hi Sherwin,
Thank you for the comprehensive resource; it is so helpful. I have two questions about expiry and renewal dates:
1. When does the I-94 kick in? Is it when you arrive in the US, and therefore, is it valid for two years from then?
2. Trying to work out when would be best to leave the US to renew … e.g. Say, we get our E-3 approved at the end of January ’25, but for various reasons, we don’t arrive in the US until the end of May ’25, when the job would start, when would you recommend returning to Aus to renew?
I’m guessing that once you renew, the dates align a little more for the second 2 years cycle.
Thanks!
Hi Louisa,
An I-94 is only generated upon entry into the US (passing through a CBP port of entry or pre-clearance). It is valid for two years for most E-3 cases however there can be factors which limit this, e.g., passport expiration prior to the two years, LCA expiry prior to two years, or CBP error.
For question 2, no issue with applying in Jan then entering in May, but you’d be wasting a chunk of the validity period of the visa label itself. In our E-3 cases, this is one of the areas we try to optimise: the LCA start date and the interview date being aligned in an optimal way to maximise E-3 visa and LCA validity for the visa holder’s intentions.
Thanks Sherwin for the extremely helpful article. I’ve a specific question regarding my eligibility for the E3.
I currently hold a diploma in design along with having 10 years experience working in the field. Is there an option to combine the two years I’ve studied in my diploma, along with my 10 years of experience to satisfy the 12-years experience required for the education equivalency? Seems to be a bit of a grey area.
Thank you so much in advance.
Hi Shaun,
In our view, yes, you would have the requisite combination of university-equivalent studies and work experience to be eligible for an E-3 visa, and our experience with similar E-3 cases at the US Consulates in Australia supports this view. However, if your employers in the US have their own immigration attorneys, they may take a more conservative approach to interpreting this experience and may not deem you as E-3 eligible, and put up roadblocks, as they are less familiar with E-3 visas. If you run into issues, or need assistance with the overall E-3 visa application, please reach out to us via the Contact page above and/or booking an initial meeting. Thank you.
Hi Sherwin,
Great page. Many thanks for this resource.
My husband has been offered a job in the US in June 2025. We plan to apply for the E3 visa.
I am currently pregnant and due in April 2025.
My question is:
Are you able to apply for an E3 and E3D then add on a child later and is 3 months processing enough time for this to occur? Or is it easier to apply for the E3 visa for my husband then apply for the E3D for myself and our child once born?
Many thanks,
Lauren
Hi Lauren,
Sounds like a lot of exciting change is ahead for you! Children under 14, where the parent(s) already hold a visa, can apply for their visas by post (mail) and waive the interview requirement. Three months is enough time. You could interview for you and your husband’s visas prior to the due date, then apply by mail for your child’s once born. However, applying prior to April might be unnecessary given you’d be wasting several month’s validity but I can understand wanting to have the visas in-hand well before the move date. We can assist with the visas even if the US employer handles the employer obligations, by providing consular support for all of this.
Is it possible for individuals with trade skills rather than a traditional bachelor’s degree to qualify for an E-3 visa? What criteria must be met for a skilled tradesperson to be eligible for this visa?”,
“refusal
Yes, it is possible if they have enough work experience (12+ years). We have obtained E-3 visas for people with a trades backgrounds who had enough experience in management and other specialty occupations who were destined for non-trades roles.
Hi Sherwin,
how could this work if I were to do paid public speaking at US schools for staff and students? Obviously, there is no specific employer in this instance. Is it still possible, or would it work if a speaker bureau sponsored me?
Hi Jason,
Paid public speaking is not permitted as a visitor (ESTA or B-1/B-2) unless it’s an ‘honorarium’ payment – certain institutions such as universities can give honorarium payments but there are strict conditions for these. An E-3 visa sponsored by a speaker bureau could be possible but they would need to employ you as an employee and pay your wages regardless of how many speaking gigs you do. Please get in touch directly for a consultation for more specific advice. Thanks.
Hi Sherwin,
I have an offer from a US employer, so I’m looking to apply for E3 visa for me, with my wife as a dependant. She is Australian born, which qualifies her for the diversity lottery.
If she applies for the diversity lottery, would that impact our E3 application? if she wins the lottery whilst we’re living in the US, would it impact our E3 renewal while we wait for her green card application?
Hi Michael,
Generally, entering the Diversity Visa Lottery on its own is not viewed as an expression of immigrant intent. Once selected, however, a DV Lottery winner in E-3 status must be very cautious if seeking to adjust status within the US. Consular processing may be preferable. We can advise DV Lottery selectees in greater detail on consultations.
Hi,
I live in the USA and planning to travel to Sydney for E-3 renewal using the mail-in option. I qualify for an Interview waiver. Could you please clarify if my spouse needs to travel with me to Sydney to renew her E-3D visa?
Hi Uma,
The Consulates state physical presence in Australia at the time of submitting the application under the interview waiver program to be a requirement.
Hi there,
A USA company has reached out to me for a job interview. I do not have a completed Bachelors Degree, but I do have an Advanced Diploma (3 years of study) in my field + 8 years of commercial experience. Do I qualify for an E-3 visa?
Hi Sarah,
In our view, yes, you would have the requisite combination of university-level studies and work experience to be eligible for an E-3 visa, and our experience with similar E-3 cases at the US Consulates in Australia supports this view. However, if your employers in the US have their own immigration attorneys, they may take a more conservative approach to interpreting this experience and may not deem you as E-3 eligible, and put up roadblocks, as they are less familiar with E-3 visas. If you run into issues, or need assistance with the overall E-3 visa application, please reach out to us via the Contact page above and/or booking an initial meeting. Thank you.
Hello,
Are there any limitations around how long you need to have been married for in order for your spouse to qualify for an E-3 defendant visa?
Hi Madison,
No, there is no specific limit and we have obtained E-3D visas for spouses who were married only days before the visa interview. As long as there is a legal, valid marriage certificate and it is a genuine relationship, there should not be any issue.
Hi Sherwin,
I am a Recruiter with 8 years of experience in the field, I’ve worked in large tech companies and am currently hoping to move to the US with my employer. I have no Bachelor’s Degree unfortunately, I am curious – is the year of experience in lieu of a degree incredibly stringent on 12 years+ and if so, is there anything I can do (Diploma, or start a potential MBA) that would get me over the line?
Thank you!
Hi Cass,
Your experience doesn’t necessarily need to be exclusively within the same field. You may be able to use experience in other areas prior to becoming a recruiter to satisfy the 12 years requirement. That said, if you are, for example, only aged 26, it will be difficult to claim 12 years of work experience that will count. Aside from this, it also matters how your US employer’s immigration counsel views things (if they have one) – they may put up roadblocks even if we do believe you are eligible as they tend to be conservative to protect their client relationship.
I am a US/Au dual citizen and am moving to the USA for work. I would like to bring my defacto partner (Au citizen) with me.
Is it possible for me to start a company and then sponsor them with an E3 visa? They have a bachelor and masters degree and run their own company in Australia.
What would the requirements be for the company in the USA to fulfill this option?
Hi Luc,
As long as the E-3 application meets the eligibility criteria that all E-3 visa applications must meet, and it is an offer of genuine employment, then it should be approved. The fact that the applicant’s spouse owns the US company does not in and of itself disqualify the application, but it may attract more scrutiny if this fact is discovered. It is important then to be prepared for the interview and how to explain this. We have successfully obtained E-3 visas for spouses and de facto partners of US citizens in the past. Please use the ‘Contact’ page to reach out to us directly and/or to book a meeting to discuss the specifics. Thank you.
Hello, thank you so much for all this useful information! Do you know whether consulates accept copies of academic transcripts – or do they specifically want to see degree certificates? We have an appointment booked with Mexico City for our E3 and E3D visa and unfortunately don’t have original documents with us. We have substantial evidence of qualification for the job, including a Bachelors and Masters, resume and support letter from the employer.
Can E3 or E3D work for US government and does security clearances obtained in Australia is mutually agreed for US government jobs?
US government jobs usually are limited to US citizens and permanent residents, but if a government agency is willing to sponsor an E-3, there’s no reason why it can’t work. I don’t believe foreign security clearances are mutually recognised by the US, but this is not an area of our expertise.
Hi Sherwin.
I will be offered a job soon that is E3 eligible but want to get a head start on scheduling the interview.
Can i submit a D160 form before having my formal employer contract offer and/or an LCA submitted?
Thank you!
Hi Nels,
You can. Note, FYI in case you seek assistance, we do offer a Consular Support service in these situations where the employer’s counsel in the US will be providing the LCA & Support Letter but not assisting with the consular side of the application.
I am a registered nurse with 20 years of experience, currently, a university clinical teacher, holding an Australian passport, california nurse licensure(which means all credentials passed), and E-3 visa eligibility. The E-3 does not require lottery or sponsorship petitions if offshore, only a job offer and LCA. Despite applying to countless roles over 4 months, many employers seem unaware of this straightforward visa process, leading to hesitancy in hiring and direct rejection. Given the current nursing shortages, how can I overcome this barrier? Does it have to be this difficult to start? What went wrong? Any guidance or advice would be greatly appreciated.
Hi Rachel,
Please contact Amy from Aussie Recruit and mention I sent you, as they may be able to assist with placement with employers. All of your points are correct. It’s just a matter of convincing an employer to get on board with the minimal ‘sponsor’ requirements. I advise that you de-risk the process for the employer and provide as much certainty as possible, including bringing your own lawyer to the process (we do this). Larger hospital systems are usually more amenable to sponsoring foreign workers, too. You may also look to network with other Aussie nurses in the US via facebook groups, LinkedIn, etc as they may be able to refer you in. Best of luck and we stand ready to assist when you get your job offer.