E-3 E-3 Specialty Occupation Workers from Australia

At a Glance

Item	Details
Visa name	E-3 Specialty Occupation Worker
Nationality	Australian nationals only
Purpose	U.S. specialty occupation employment
Initial stay	2 years
Extensions	Up to 2 years each
Extension limit	No maximum, exceptions apply
Cost	Not stated in the source
Eligibility timing	License required before employment, if applicable
Work rights	Specialty occupation employment only
Study	Not stated in the source
Medicare	Not stated in the source
Travel facility	Not stated in the source
Citizenship	Not stated in the source
Family sponsorship	Spouse and unmarried children under 21
Visa record	Form I-94
Spouse work rights	Authorized incident to status
Children’s work rights	Employment not permitted

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Purpose

The E-3 classification is for Australian nationals coming to the United States solely to perform services in a specialty occupation.

A specialty occupation requires:

• Theoretical and practical application of highly specialized knowledge; and
• At least a bachelor’s degree or higher in the specific specialty, or equivalent, as the minimum entry requirement.

Eligibility

You must demonstrate that you:

• Are a national of Australia;
• Have a legitimate U.S. employment offer;
• Have the required academic or other qualifying credentials; and
• Will fill a qualifying specialty occupation position.

Stay and Extensions

Period	Duration
Initial stay	2 years
Each extension	Up to 2 years
Number of extensions	No maximum, with exceptions

Applying From Within the United States

Use Form I-129, Petition for a Nonimmigrant Worker to apply for:

• Change of status to E-3 classification; or
• Extension of E-3 stay.

Required Supporting Documents

Include with Form I-129:

• A Labor Condition Application stating it was filed for E-3 classification;
• Academic or other credentials showing qualification for the position;
• An employer job offer letter or other evidence showing:
  • The role is a specialty occupation; and
  • You will receive the higher of the actual or prevailing wage.
• Any required professional license or official permission to practice before starting employment.

Changing Employers

To change employers while remaining in the United States:

1. The new employer must obtain a certified Labor Condition Application.
2. The new employer must properly file Form I-129.
3. USCIS must approve the petition before you may work for the new employer.

USCIS may consider you to maintain E-3 status for up to 60 days after employment ends, during the petition validity period or other authorized validity period.

Form I-129 is also used for extensions or changes of employment with the same employer.

Family Members

Your spouse and unmarried children under 21 may qualify for dependent E-3 classification.

Spouses

Spouses in valid E-3 or E-3S status are employment authorized incident to status. They are not required to file Form I-765 for work authorization, but may file it, with fee, to obtain an Employment Authorization Document (EAD).

Employment authorization evidence may include:

• An unexpired Form I-94 showing E-3S status;
• An unexpired Form I-94 showing E-3, E-3D, or E-3R status together with a USCIS notice regarding the E-3S admission code;
• An unexpired EAD; or
• A facially expired EAD with evidence of automatic extension.

Children

Children of E-3 workers may not work in the United States.