| Frequently Asked Questions |
Your Immigration Questions Answered by VisaPro.
Here, you will find detailed answers to many of most common immigration questions. |
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| 5. | What is a specialty occupation? |
| | | | | The definition of ‘specialty occupation’ is one that requires: |
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A theoretical and practical application of a body of specialized knowledge; and |  | | • |
The attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the U.S. |
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| | | | | Note: In determining whether an occupation qualifies as a ‘specialty occupation’, follow the definition contained at INA 214 (i)(1) for H-1B non-immigrants and applicable standards and criteria determined
by the Department of Homeland Security (DHS) and USCIS. |
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| 6. | Do I need a license for a specialty occupation? |
| | | | | An E-3 alien must meet academic and occupational requirements, including licensure where appropriate, for admission into the U.S. in a specialty occupation.
If the job requires licensure or other official permission to perform the specialty occupation, the applicant must submit proof of the requisite license or permission before the E-3 visa may be granted. In certain cases, where such a license or other official permission is not immediately required to perform the duties described in the visa application, you must show that you will obtain such licensure within a reasonable period of time following admission to the U.S. |
| 7. |
Do I need a petition by my employer to the Department of Homeland Security (DHS)? | | | | | |
Your United States-based employer is not required to submit a petition to the Department of Homeland Security as a prerequisite for visa issuance. However, your employer must obtain a Labor Condition Application (LCA), ETA Form 9035, from the Department of Labor. |
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