
E-3 Visa for Australians in a Specialty Occupation

Question: I know someone from Australia who wants to stay here in the U.S. However, I do not know what we can do.
I’ve heard of the E3 Visa, but do not know exactly what it is.
Can you explain?
Answer: U.S. Citizenship and Immigration Services (USCIS) issued guidance today regarding E-3 nonimmigrant Specialty Occupation Workers.
In particular, USCIS provided specific information on the eligibility requirements and documentation needed for individuals
Wishing to either change their nonimmigrant status to that of an E-3 worker or to extend their E-3 status.
Established by the REAL ID Act of 2005,
The E-3 nonimmigrant classification
allows for the admission of a temporary worker who is national of Australia and is entering the U.S. to perform services in a “specialty occupation.”
As is generally the case, nonimmigrant aliens who are already legally in the United States may apply to change their status to that of an E-3 specialty worker and, eventually, apply to extend their stay in E-3 classification.


Question: Is this simply an H-1B Visa?
Answer: No.
The new E-3 nonimmigrant category should not be confused with the separate and independent H-1B nonimmigrant category for “specialty occupation” workers.


Question: What must you do to qualify for the H-3 Visa?
Answer: To qualify for E-3 classification, an alien must, among other things, be an Australian national who is seeking employment in a specialty occupation requiring possession of a bachelor’s degree or higher (or its equivalent), and possess the appropriate degree (or its equivalent) in the field in which the alien wishes to work.
Congress has established a yearly cap of 10,500 new E-3 workers.
Unlike the dependent of an alien in H-1B nonimmigrant classification, the dependent spouse of an E-3 temporary worker may apply for and receive work authorization.
Aliens already in the United States may request a change of status to E-3 or extend their E-3 status by filing a Form I- 129 (Petition for a Nonimmigrant Worker) directly with the Vermont Service Center.
The cost for filing the request for change of status or extension of stay is $190.
In addition to the Form I-129 , applicants must include the following documentation:
(a bachelor’s degree or higher or its equivalent in the specific specialty occupation);
Evidence that the alien meets any licensing or other occupational requirements, and Evidence that the prospective U.S. employer has filed with the Department of Labor a labor condition application (LCA) specifically designated for E-3 Specialty Occupations.


Question: Have all the E-3’s been used up?
Answer: No.
There is still time to file for the H-3.
Therefore, be sure to put the paperwork in as soon as possible.
