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E-3 VISA - Frequently Asked Questions


What is an E-3 visa?

The E-3 is a new visa category only for Australians going to the U.S. to work temporarily in a specialty occupation.


Why are only Australians eligible for this visa?

The legislation limited the E-3 to nationals of Australia.


Are Australian permanent residents eligible to apply for the E-3 visa?

No. The E-3 visa is only available to Australian citizens or nationals, Australian permanent residents are not eligible for the E-3 visa. You must have an Australian passport at the time of your E-3 visa interview.

  • Minister of religion
  • Working in a professional capacity, either in a religious vocation or occupation
  • Other religious worker working in a religious occupation or in a religious vocation

How do I qualify for the E-3 visa?

The new E-3 visa classification currently applies only to nationals of Australia as well as their spouses and children. To qualify for an E-3 visa you must demonstrate that:

  • You have a legitimate offer of employment in the U.S.
  • The position you are coming to fill qualifies as specialty occupation employment
  • Are an Australian citizen
  • You have the necessary academic or other qualifying credentials
  • Your stay will be temporary
  • If required before you may commence employment in the specialty occupation, that you have the necessary license or other official permission to practice in the specialty occupation
  • An approved Labor Condition Application is required and no more than 10,500 E-3 visas can be issued per year

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Do I have to have a job in the US first before applying for an E-3 visa?

Yes. You need to have a job offer from a US employer before you can apply for an E-3 visa.


What are the other requirements for qualifying for an E-3 work visa?

Submit a job offer letter from the prospective United States-based employer. A treaty alien in a specialty occupation must show that they have bachelors degree or it's equivalent. In addition to the nonimmigrant visa application, the following documentary evidence must be submitted in connection with an application for an E-3 visa:

  • A certified Form ETA 9035, clearly annotated as ‘E-3 - Australia.
  • Evidence of academic or other qualifying credentials as required (Bachelor's degree or it's equivalent), and a job offer letter or other documentation from the employer establishing that upon entry into the U.S. you will be engaged in qualifying work in a specialty occupation and that you will be paid the actual or prevailing wage. A certified copy of the foreign degree and evidence that it is equivalent to the required U.S. degree could be used to satisfy the ‘qualifying credentials’ requirement. Likewise, a certified copy of a U.S. baccalaureate or higher degree, as required by the specialty occupation, would meet the minimum evidentiary standard
  • In the absence of an academic or other qualifying credential(s), evidence of education and experience that is equivalent to the required U.S. degree
  • Evidence establishing that your stay in the U.S. will be temporary
  • A certified copy of any required license or other official permission to practice the occupation in the state of intended employment if so required or, where licensure is not necessary to commence immediately the intended specialty occupation employment upon admission, evidence that the alien will be obtaining the required license within a reasonable time after admission
  • If required before you may commence employment in the specialty occupation, that you have the necessary license or other official permission to practice in the specialty occupation
  • Evidence of payment of the Machine Readable Visa (MRV) Fee, also known as the application fee
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