E-3 Visa for Treaty Aliens in Specialty Occupations

The E-3 visa allows for the temporary entry into the United States of individuals who are to perform services in a specialty occupation for a U.S. employer. It currently applies only to nationals of Australia, their spouses and children under the age of 21.

How to you define Specialty Occupation?

It is an occupation that requires the 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 U.S.

What evidence is required to qualify for the E-3 visa?

The prospective U.S. employer is required to:

• file with the Department of Labor (DOL) a Labor Condition Application (LCA) on ETA Form 9035. The Form 9035 must clearly be annotated as "E-3 Australia - to be processed" or, if dated dated after January 4, 2006, specified for "E-3 Australia";. The approved LCA represents DOL certification that the employer has met the attestation requirements of the E-3 statutory provisions.

The applicant must demonstrate that:

• the position he/she is coming to fill qualifies as a specialty occupation employment;
• he/she has the necessary academic or other qualifying credentials;
• his/her stay will be temporary; and, if required,
• he/she has the necessary license or other official permission to practice in the specialty occupation. In certain cases where such license or other official permission is not required to commence employment immediately, the applicant must demonstrate that he/she will obtain such licensure or permission within a reasonable period of time following admission into the United States.

Validity of Visa & Length of Stay

The validity of the visa may not exceed the validity period of the Labor Condition Application, the maximum validity period of which will be 24 months.

The Department of Homeland Security determines how long an E-3 visa holder may remain in the United States. E-3 visa holders will normally be admitted into the United States for a two-year period renewable indefinitely provided they are able to demonstrate that they do not intend to remain or work permanently in the United States.

Spouses, Children & Partners

Spouses and/or children under the age of 21 who wish to accompany or join the principal visa holder in the United States for the duration of his/her stay require derivative E-3D visas. The spouse and children do not need to be Australian nationals. Spouses and/or children who do not intend to reside in the United States with the principal visa holder, but visit for vacations only, may be eligible to apply for visitor (B-2) visas, or if qualified, travel visa free under the Visa Waiver Program (VWP). More information for partners and common-law spouses.

E-3D verses F-1

There is no requirement that the spouse and/or children of a E-3 visa holder apply for a student (F-1) visa if they wish to study in the U.S.; they may study on E-3D visas. However if they are qualified, they may apply for the F-1 visa. If you have school age children, you should refer to the regulations governing the issuance of F-1 visas.

Working on an E-3D visa

Spouses may seek employment authorization on derivative E-3D visas. For further information, please contact the USCIS on your arrival in the United States.

I believe I qualify for an E-3 visa, what do I do next?

You are required to obtain from your prospective employer the original or certified copy of the Labor Condition Application that has been approved on your behalf. Your application cannot be processed without it.

Please Note: No assurances regarding the issuance of visas can be given in advance. Therefore final travel plans or the purchase of nonrefundable tickets should not be made until a visa has been issued.

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