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E-3 Visa for Australian Workers

E-3 Visa - Australian Worker in US

The E-3 Visa May Allow Entry for Australians into the U.S.

Eligibility for the E-3 Visa requires a minimum of the following:
a. you must be a national of Australia
b. you must have an offer of employment from a U.S. company
c. you must possess all required academic and other credentials
d. the job which you are seeking in the U.S. qualifies as a specialty occupation

How Does One Apply for an E-3 Visa to Work in the U.S.?

Form I-129, entitled Petition for Nonimmigrant Worker, is the starting point for Australian’s seeking employment in the U.S. under the E-3 Visa. The following is a list of documents that you will be required to provide along with your I-129 application:

  • A Labor Condition Application must be filed
  • a comprehensive list of all academic and other related professional credentials
  • the job offer letter from the United States company seeking you as an employee. Alternatively, you may provide a letter which indicates the type of occupation, which indicates that occupation’s status as a specialty, and an explanation by the U.S. company that you will be paid the prevailing wage for that position or higher than prevailing wage for that position
  • NOTE: There are specific types of occupations which require licensure or permission to practice in that occupation which, if applicable, must also be provided along with the aforementioned supporting documentation required to apply for an E-3 Visa

How Long Does an E-3 Specialty Visa Allow me to Work in the U.S.?

The E-3 Specialty Visa for Australian workers allows an individual to stay within the U.S. for 2 years. Extensions may be applied for which allow for up to 2 additional years, further extensions being possible after the expiration of the initial extension.

Can I Change Employer’s Under the E-3 Visa once Originally Employed under the Same Visa?

The process for changing employers once working within the U.S. under the E-3 Visa is similar to the original E-3 Visa application process. You must have your new employer begin the process by filing a Form I-129 petition. Once approved you will be authorized to work for that new employer.

What about My Children and Spouse, can they enter the U.S. under my E-3 Visa?

If you are married, your spouse may be entitled to dependent E-3 classification. Similarly, if your unmarried children are under the age of 21, those children may be entitled to dependent E-3 classification. Additionally, your spouse may be able to work once in the U.S if he or she files Form I-765, Application for Employment Authorization, and is approved under this application.

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The information provided in the pages and posts of this website are for general informational purposes only. The information presented on this site is not legal advice, and no attorney-client relationship is formed by the use of this site.

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