E-3 Visa WHO'S ELIGIBLE?

The E-3 visa is an excellent, and typically very fast, way for Australian nationals to gain temporary employment in the United States.  The E-3 is similar to the H-1B, as it is for “professional positions”. The significant differences are that you can apply directly at a U.S. consulate for the E-3 without filing a petition with USCIS… and keep in mind that you are not allowed dual intent while in E-3 status. Once approved, the applicant may enter the U.S. in E-3 status to temporarily work in a specialty occupation based on knowledge obtained through either a U.S. Bachelor’s degree or its equivalent.

IMMIGRATION REQUIREMENTS

If your education is not equivalent to a U.S. Bachelor’s degree, the regulations provide that relevant work experience can be used for equivalency purposes. Specifically, three years of on the job experience are deemed equivalent to one year of U.S. level university education. So, it is possible to use experience in the field, along with your education to qualify for the E-3. In these particular cases, it’s necessary to obtain an experience evaluation from a credentialing company prior to making a determination if the E-3 visa is right for your situation.

In determining whether a position requires the services of a professional worker, both the USCIS and the Department of Labor look to the general practice in the industry. If the minimum requirement for entry into the field is a U.S. Bachelors degree, then the position is considered to be professional in nature. For example, a Bachelors degree in electrical engineering is not required for employment as an electrician but it is required for an electrical engineer.

The E-3 category also has one other very important benefit to keep in mind. The spouse of an Australian national applying for E-3 status is eligible to apply for E-3D status irrespective of their country of nationality. The spouse is eligible to apply for an Employment Authorization Document (EAD) after they have entered the U.S. in E-3D status. It typically takes approximately 90 days to secure an EAD after filing the application.

QUESTIONS

If you have any questions concerning this visa or require our assistance, please contact our office at info@szelaw.com


From Our Clients
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