The E-3 classification applies only to nationals of Australia, who must be coming to the United States solely to perform services in a specialty occupation.
The specialty occupation requires theoretical and practical application of a body of knowledge in professional fields and at least the attainment of a bachelor’s degree, or its equivalent, as a minimum for entry into the occupation in the United States.
E-3 visas are not “dual intent” visas in the sense of H-1B visas. Those in E-3 status may not apply for employment-based permanent residency.
To qualify for an E-3 visa, the applicant must demonstrate that they are a national of Australia, have a legitimate offer of employment in the US, possess the necessary academic or other qualifying credentials, and will fill a position that qualifies as a specialty occupation.
Duration of Stay
The initial E-3 visa can be for up to two years. Extensions of stay may be granted for up to two years per extension. There is no maximum number of extensions, with some exceptions.
Application for E-3 within the US
If in the US, the Form I-129, Petition for Nonimmigrant Worker, is submitted by HR and used to apply for a change of status to obtain E-3 nonimmigrant temporary worker classification. To start the process, please contact [email protected].
Application for E-3 in Australia
If in Australia, apply for a US visa at a US embassy or consulate. Please contact UT Dallas Human Resources for specific guidance in coordinating work here.
Work is only allowed for the employer listed on the visa. To work for another employer, the new employer must file an I-129 application, new Labor Condition Application and supporting documentation. The gap between the jobs must be 10 days or less.
Your spouse and unmarried children under 21 years of age are entitled to the same E-3 classification. A spouse is entitled to work authorization, but not children. To apply for work authorization as a spouse of an E-3 nonimmigrant, they would file a Form I-765, Application for Employment Authorization.