under the E-3 VISA & E-2 SPONSORSHIP visa

The E-3 Visa is a visa for only Australian citizens, created as a result of the Australia–United States Free Trade Agreement. The visa enables eligible Australians to work temporarily in the U.S, 2 years at a time, in a specialty occupation renewable indefinitely.

Each year 10,500 E-3 Visas are available to Australians only and in the past few years less than 50% of the quota has been used. E-3 Visa renewals do not count towards the annual quota.

To be eligible for the E-3 Visa, there are a few general requirements that must be met: 

1. Be a national of Australia
2. Have a legitimate offer of employment in the United States
3. Possess the necessary academic or other qualifying credentials
4. Fill a position that qualifies as a specialty occupation.

According to the regulations, a “specialty occupation” is a job that requires “theoretical and practical application of a body of highly specialized knowledge to perform the occupation”.

Generally speaking, a “specialty occupation” must meet at least ONE of the following criteria:

• A bachelor’s degree or higher or the equivalent to a bachelor’s degree is normally the minimum requirement for entry into the position;
• This requirement (a bachelor’s degree, its equivalent, or higher) is common to the industry (i.e. similar companies offering parallel positions also require a bachelor’s degree or higher) or, in the alternative, the employer may show that its particular position is so complex or unique that it can only be performed by an individual with a bachelor’s degree or higher or its equivalent;
• The sponsoring employer normally requires a bachelor’s degree, or higher, or its equivalent for the position; OR
• The job duties are so specialized and complex that the knowledge required to perform the job duties is usually associated with the attainment of a bachelor’s degree or higher.

The above are guidelines as to what constitutes a specialty occupation

The process can be broken down into stages but overall takes approximately six weeks from initial filings to visa in your hand after you have received a job offer.

The average timeline for getting an E-3 visa:

• Interviewing for a job – 2-4 weeks
• Offer negotiation – 1-2 weeks
• LCA writing & approval – 2 weeks
• Interview wait time & document compiling – 2-10 weeks (dependent on location)
• Visa interview – 10 minutes
• Passport return with approved E3 visa – 1-2 weeks

1. The visa requires an approved LCA which must be signed by the employer but can be filled in with your help and with the help of a lawyer, it takes 5-10 business days to return and takes approximately 30-90 minutes to fill in.
2. The visa itself costs $205USD to apply for (and this can be paid by you or the employer)
3. You will attend an interview, and be back and ready for work approximately two weeks after that.
4. This visa is unique as it’s only for Australians, is always available, and can be issued all throughout the year.
5. The visa lasts for 2 years but if we want to, we can apply for another two years indefinitely at the end which requires me to leave the country and return (all within about 2 weeks).

You can change jobs on an E-3 Visa by either:

(a) leaving the United States and applying for a new E-3 Visa or

(b) submitting an E-3 Petition that requests a change of employer.

Usually, consular processing is favored, amongst other reasons due to longer wait times for the internal filing, which must be approved before commencing work with the new employer.

The child is automatically a U.S. citizen. You can also register the birth with the Australian Consulate.

An Australian citizen can live permanently in the USA, but not on the E-3 Visa. The E-3 is temporary visa that carries 100% nonimmigrant intent. You must obtain permanent residency (“Green Card”) to stay without restriction.