E-2 Visas (Treaty Investor)

E-3, Australian Specialty Visas

E-3 visas are available to Australian nationals who are solely coming to the U.S. to perform services in specialty occupations. A specialty occupation is an occupation that requires theoretical and practical application of highly specialized knowledge and the attainment of a bachelor’s or higher degree in the specialty, or its equivalent.

To be eligible, applicants must demonstrate that they:

• Are an Australian national
• Have a legitimate employment offer in the U.S.
• Possess the necessary academic or qualifying credentials
• Will fill a qualifying specialty occupation

Australian nationals can apply for an E-3 visa while abroad or within the U.S. An E-3 classification allows for a two-year period of stay, with up to two years per extension and no maximum number of extensions (with some exceptions). If approved for an E-3 classification, an applicant’s spouse and unmarried children under the age of 21 are entitled to dependent E-3 classification. Additionally, their spouses, but not children, are entitled to apply for work authorization.

If you think you may qualify for an E-3 visa or have any questions regarding an E-3 visa please do not hesitate to contact our Office.

Working In The USA As An Australian Citizen

For Australian citizens looking to explore employment opportunities in the United States, an E-3 visas lawyer can make a big difference. The US offers a variety of visa options tailored to the professional and personal circumstances of individuals from Australia, each designed to facilitate the legal entry and stay of talented professionals in the US workforce.

Visa Options For Australians

One of the primary visa categories available to Australian citizens is the E-3 visa. This special visa is exclusive to Australians and is similar in some respects to the H-1B visa used by professionals from other countries. The E-3 visa allows Australian nationals to work in a specialty occupation in the U.S. for a two-year period, which can be renewed indefinitely. A lawyer that specializes in work visas for Australian nationals can help you get situated.

Application Process

The application process for an E-3 visa involves several steps. Initially, the prospective employer in the U.S. must submit a Labor Condition Application (LCA) to the Department of Labor. The purpose of the LCA is to ensure that hiring a foreign worker will not adversely affect the conditions of U.S. workers similarly employed. Once the LCA is approved, the applicant can apply for the E-3 visa at a U.S. Embassy or Consulate in Australia.

It’s important for Australian applicants to prepare thoroughly for their visa interviews. This includes having all required documents such as proof of academic qualifications, a job offer letter from the U.S. employer, and evidence of previous employment in the field.

Maintaining Legal Status

Maintaining legal status in the U.S. involves adhering to the terms of the visa, including the condition of working only for the employer who sponsored the E-3 visa. Should an individual wish to change employers, a new LCA and a new E-3 visa application must be filed and approved before commencing employment with the new employer.

In addition to staying compliant with employment conditions, it’s also crucial for Australian nationals to keep their visa status up to date. This includes timely renewals and staying aware of any changes in immigration laws that may affect their status.

Family Considerations

For Australians working in the U.S., family considerations are also significant. Spouses and unmarried children under the age of 21 may accompany the primary E-3 visa holder to the U.S. under the E-3D visa category. Notably, spouses of E-3 visa holders are permitted to apply for work authorization in the U.S., which provides an opportunity for families to have dual incomes while living abroad.

Call To Action

At Bolour / Carl Immigration Group, APC, we understand the complexities and opportunities associated with working in the U.S. as an Australian citizen. Whether you’re exploring the possibility of applying for an E-3 visa, needing assistance with another type of work visa, or have questions about maintaining legal status, we are here to help.

If you’re thinking of finding work in the United States, get in touch with us today, and see how our work visas for Australian nationals lawyer can help.

Understanding Sponsorship Requirements For The E-3 Visa

E-3 Visas – Work visas for Australian nationals – are an excellent way to build a future in the United States. While the rules may be complicated, the team at Bolour / Carl Immigration Group, APC has been working since 1993 to smooth out the process for thousands of our clients.

Eligibility Criteria For Employers

To sponsor an Australian national for an E-3 visa, employers must fulfill specific eligibility criteria. First and foremost, the job offered must qualify as a specialty occupation. This means the position requires theoretical and practical application of a body of specialized knowledge and at least a bachelor’s degree or its equivalent. Common fields for E-3 visa holders include IT, engineering, healthcare, and finance.

Employers must also demonstrate their ability to pay the prevailing wage for the position. This ensures that the offered salary aligns with the standards for similar roles in the geographic area where the job is located. Providing evidence of the financial stability of your company is also an essential requirement for work visas for Australian nationals.

Labor Condition Application

A critical step in the E-3 visa sponsorship process is the submission of a Labor Condition Application (LCA) to the Department of Labor (DOL). The LCA attests that the employer will pay the prevailing wage and maintain certain working conditions. It also ensures that employing the foreign worker will not negatively affect the working conditions of U.S. workers.

Preparing The Petition

Once the LCA is certified, the next step is to prepare the E-3 visa petition. This involves completing the necessary forms and gathering supporting documents. Key documents include the certified LCA, proof of the Australian national’s qualifications (such as academic degrees and relevant work experience), and a detailed job description. The job description should clearly outline the duties and responsibilities, emphasizing how the position qualifies as a specialty occupation.

Consular Processing

After the petition is prepared, the Australian national will need to attend an interview at a U.S. consulate. This is a crucial part of the application process. It’s important for the applicant to be well-prepared for this interview, with all necessary documentation organized and ready for presentation.

Employers should ensure their prospective employee understands the job role, the terms of employment, and the specifics of the specialty occupation. Proper preparation can significantly influence the outcome of the visa interview.

Seeking Professional Assistance

Applying for an E-3 visa involves several critical steps, each requiring meticulous preparation and compliance with legal standards. At Bolour / Carl Immigration Group, APC, we are dedicated to supporting employers through this process. Our team is committed to providing the guidance and assistance needed to meet all sponsorship requirements and achieve a successful outcome.

Moving Forward

If you are considering sponsoring an Australian national for an E-3 visa, we are here to help. Understanding the sponsorship requirements and ensuring that all criteria are met can make a significant difference in the success of your application. Contact Bolour / Carl Immigration Group, APC today to schedule a consultation, and let’s find the best path to your E-3 work visa.