E-3 Professional Australia

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 knowledge in professional fields and at least the attainment of a bachelor’s degree, or its equivalent, as a minimum for entry into the occupation in the U.S.

Your employer must file a petition on Form I-129 along with supporting documents whether you are already in the U.S. or living abroad.  If in the U.S. on another status, the filing should request a change of status to E-3.  If living abroad, once USCIS approves the petition, you will then apply for a visa at the U.S. embassy or consulate of the country where you are residing.

Requirements for E-3

Must demonstrate 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

Period of Stay

You will be allowed a maximum initial stay of two years.  Requests for extension of stay may be granted in increments of up to two years each.

Change of Employment

Your new employer must file a new Labor Condition Application and a new E-3 visa application. The gap between the jobs must be 10 days or less.

Family of E-3 Visa Holders

Your spouse and unmarried children under 21 years of age are entitled to the same E-3 classification. Your spouse is entitled to work authorization, but not your children. To apply for work authorization as a spouse of an E-3 nonimmigrant, your spouse would file a Form I-765, Application for Employment Authorization.

Source: USCIS.gov