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Temporary work permits for Australian Professionals (E-3)

July 26th, 2012

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Are you an Australian citizen? Do you hold at least a Bachelor’s degree or the equivalent? Would you like to work in the U.S. in a professional position? If so, you may be eligible for a special visa classification for Australian professionals. Please call or email our office today to learn more.
Summary:
To qualify for an E-3 visa, an applicant must demonstrate:
• that he or she must have a legitimate offer of employment in the United States
• that the position he or she is coming to fill qualifies as specialty occupation employment
• that he or she is an Australian citizen
• that he or she has the necessary academic or other qualifying credentials
• that his or her stay will be temporary and
• if required before the alien may commence employment in the specialty occupation, that he or she has 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.
Frequently Asked Questions:
Q: What is an E-3 Visa?
A: The E-3 is a new visa category only for Australians going to the U.S. to work temporarily in a specialty occupation.
Q: Why are only Australians eligible for this visa?
A: The legislation limited the E-3 to nationals of Australia.
Q: Who qualifies for the E-3 visa?
A: The new E-3 visa classification currently applies only to nationals of Australia as well as their spouses and children. E-3 principal applicants must be going to the United States solely to work in a specialty occupation. The spouse and children need not be Australian citizens.
Q: Are there other requirements for qualifying for an E-3 visa?
A: Submit a job offer letter from the prospective United States-based employer. A treaty alien in a specialty occupation must meet the general academic and occupational requirements for the position pursuant to INA 214(i)(1). In addition to the nonimmigrant visa application, the following documentary evidence must be submitted in connection with an application for an E-3 visa:

  1. Form ETA 9035, clearly annotated as “E-3 – Australia – to be processed”, or an ETA 9035E dated after January 4th, 2006, specified for E-3 Australia. Now either form is acceptable.
  2. Evidence of academic or other qualifying credentials as required under INA 214(i)(1), and a job offer letter or other documentation from the employer establishing that upon entry into the United States the applicant will be engaged in qualifying work in a specialty occupation and that the alien will be paid the actual or prevailing wage referred to in INA 212(t)(1). 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.
  3. 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.
  4. Evidence establishing that the applicant’s stay in the United States will be temporary.
  5. 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.
  6. Evidence of payment of the Machine Readable Visa (MRV) Fee, also known as the application fee.

Q: When will Embassies and Consulates begin issuing E-3 visas?
A: Embassies and Consulates are already issuing the E-3 visa.
Q: How do I apply for an E-3 visa?
A: You may make your appointment for an interview as soon as you have all the documents prepared.
Q: How long does it take to apply?
A: The wait times at each Consulate vary, so check with your nearest Consulate to make an appointment.
**Information courtesy of the U.S. Consular Services Australia website
Page Summary: Australian professional workers may obtain nonimmigrant status through the E-3 visa classification.