Visa Focus Friday: The E-3 Visa – A Specialized Pathway for Australian Professionals

This week, we are focusing on the E-3 visa, a unique employment-based nonimmigrant visa available exclusively to Australian nationals.  Created through the Australia–United States Free Trade Agreement (AUSFTA), the E-3 visa allows Australian professionals to work in the United States in specialty occupations, offering a streamlined and renewable alternative to the H-1B visa.

What Is the E-3 Visa?

The E-3 visa is a nonimmigrant visa specifically designed for Australian citizens who wish to work in the United States in a position that requires the theoretical and practical application of a body of specialized knowledge and at least a bachelor’s degree or its equivalent.

This visa category is ideal for U.S. employers seeking to hire qualified Australian professionals in fields such as engineering, information technology, education, healthcare, finance, and more.

Eligibility Requirements

To qualify for the E-3 visa:

• The applicant must be a citizen of Australia.
• The applicant must have a legitimate offer of employment from a U.S. employer in a specialty occupation.
• The position must require a minimum of a U.S. bachelor’s degree or its equivalent in a related field.
• The applicant must possess the required academic or professional qualifications.
• The employer must obtain a Labor Condition Application (LCA) certified by the U.S. Department of Labor.
• The position must be temporary, although the E-3 may be renewed indefinitely in two-year increments.

The Application Process

1. Employer files an LCA with the Department of Labor, similar to the H-1B process.
2. Applicant gathers documentation, including proof of Australian citizenship, job offer letter, and credentials.
3. Applicant applies for the E-3 visa at a U.S. embassy or consulate outside the United States.
4. Upon approval, the applicant may travel to the United States and begin employment.

Applicants already in the U.S. in another status may also file a change of status request with USCIS.

Key Advantages of the E-3 Visa
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• Available exclusively to Australians, reducing the competition found in the H-1B process.
• No annual lottery; while subject to a cap of 10,500 visas per fiscal year, the cap has never been reached.
• Renewable indefinitely, provided the applicant continues to meet eligibility.
• Spouses and children may accompany the E-3 principal. Spouses may apply for work authorization, regardless of nationality.

Why the E-3 Visa Matters

The E-3 visa offers a flexible, efficient, and low-barrier option for Australian professionals seeking employment in the United States. It allows U.S. employers to tap into a global talent pool without the challenges of the H-1B cap or random selection.

At Stommes Immigration​

We provide end-to-end guidance for employers and professionals seeking E-3 visas. From labor condition applications to visa interview preparation, we ensure a smooth and compliant process.

📩 Contact us at [email protected] to find out how we can help you or your organization sponsor qualified Australian professionals through the E-3 program.

If you have questions about your visa status or if you are an employer exploring immigration options, we are here to help.  At the Law Office of Julia L. Stommes, we are committed to helping individuals and businesses navigate complex legal landscapes.
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The information provided in this blog is intended for general informational purposes only and should not be construed as legal advice.  To schedule a Consultation to discuss your legal immigration options, please email us at [email protected].