The E-3 visa is similar in many respects to the H-1B visa, being that it is for skilled workers, but the E-3 is only for Nationals of Australia. Important differences include the fact that spouses of E-3 visa holders may work in the United States without restrictions (unlike other US non-immigrant visas, even the TN visa issued to Canadian and Mexican citizens under NAFTA), and that the E-3 visa is renewable indefinitely (in two-year increments). Australian citizens applying for an E-3 visa are also no longer subject to the 65,000 annual visa limit for H-1B visas; although there is a separate annual quota of 10,500 E-3 visas. Visas issued to spouses and children are not included in the E-3 quota and spouses and children do not need to be Australian citizens.
The regulations for applying for an E-3 visa were published in the United States Federal Register on September 2, 2005. Following these procedures will allow an Australian citizen to apply for an E-3 visa at a US embassy or consulate.
Similar to an H-1B visa, the prospective employer of the E-3 visa holder will first apply for a “Labor Condition Application” (LCA) with the U.S. Department of Labor, with a note at the top of the form indicating it is for an E-3 visa for an Australian citizen. After the LCA is granted, the Australian citizen will then apply for the actual visa at a US consulate and then enter the US. Australians who are already in the United States on another type of temporary/non-immigrant visa may also apply to change their status to an E-3 visa. Change of visa status is not possible if the applicant has entered the country under the visa waiver program.
The immigration attorneys of NPZ & B Law Group are skilled at helping businesses of all types and sizes meet their workforce needs by hiring skilled foreign workers. We have experienced great success with E-3 petitions for our clients, from international students to small companies to large, publicly traded corporations. To discuss your E-3 visa needs with an experienced immigration lawyer, please contact our law firm today.