The E-3 nonimmigrant visa classification was created pursuant to the Australia-United States Free Trade Agreement (AUSFTA), and became effective on September 2, 2005. E-3 visas are temporary ("nonimmigrant") visas and are granted initially for two years and may be extended indefinitely in increments not to exceed two years. To qualify for an E-3 visa, an applicant must demonstrate:

• that he or she is a national of Australia
   

• that he or she has a legitimate offer of employment in the United States
   

• that the offer of employment is in a position that qualifies as “specialty occupation” employment
   

• that he or she has the necessary license or other official permission to practice in the specialty occupation, if required
   

• that he or she has the necessary academic or other qualifying credentials
   

• that he or she seeks to stay in the U.S. temporarily

Specialty Occupation: The term “specialty occupation” is defined as an occupation that requires a theoretical and practical application of a body of specialized knowledge as well as an 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 United States. The definition of specialty occupation under the E-3 classification is essentially the same as the definition contained in the Immigration and Nationality Act for H-1B classification.

Labor Condition Application (LCR) Requirement: A Labor Condition Application (LCR) is required to be filed by the employer with the Department of Labor to reflect the job offer at the appropriate prevailing wage rate. The procedures and information needed to file for a LCR under the E-3 classification is identical to that of an H-1B classification. Accordingly, please refer to the LCR procedures listed in the H-1B information handout.

10,500 Limit Per Year:  The number of visas that will be issued under the E-3 visa classification is limited to 10,500 per fiscal year.  Spouses and children of the E-3 Australian nationals’ applicants will not be counted against the 10,500 cap. 

Spouse and Children: The E-3 visa classification applies to spouses and children of the E-3 visa holder, and is listed as an E-3D (dependent) visa. In order to qualify for an E-3D visa, one must demonstrate to the consular officer that the dependent applicant is related to the E-3 visa holder either through marriage or birth by showing its appropriate documentation, and that the E-3 visa holder is indeed the recipient of an E-3 visa by showing the visa approval notice. Spouses and children are not required to posses the nationality of the principal E-3 visa holder. Spouses of E-3 visa holders are entitled to apply for an Employment Authorization Document through the USCIS, and engage in employment in the United States upon authorization in any kind of work position.

Filing the E-3 Application: The E-3 application could be directly filed at the consulate. No petition to the Department of Homeland Security is necessary. However, the applicant must present the original or copy of the Labor Condition Application signed by the prospective employer and approved by the Depart of Labor to the US consular officer at the time of visa application.

E-3 EMPLOYER CHECKLIST

The job title

A detailed job description

A statement of the minimum requirements for the position which includes:

The specific academic degree required

The minimum number of years experience required, if any

The title of the supervisor for the position

The number of employees the H-1B worker will supervise, if any

A statement of any licensing requirements for the position

The proposed salary

Location where employee will work

A written description of the company including nature of products or services, number and location of facilities, number of employees, gross revenues, number of years in business or a recent annual report, descriptive corporate profile, company brochures, or other printed information which provides this information or reference to the company's web site where this information may be found

Please direct specific inquiries and/or responses to the attention of Adrienne J. Vaughan, Esquire (adriennev@rcosta.com)
 

• Copies of first few pages of passport for yourself and all dependent family members, including copies of any U.S. visas and biographical pages
   
• Copy of your most recent resume
   
• Copies of all educational documents (college and above), including diplomas (and transcripts if readily available; if diploma is not readily available, applicant must provide confirmation of completion of university degree from an authorized university or college official). Also please provide translations for all pertinent foreign language documents
   
• Copy of any previously conducted formal credential evaluation
   
• Copy of Approval Notice (I-797) for first H-1B (12/99 to 2/02)
   
• Copies of previous H-1B support letters (if available)

1. Any other names used: _________________________________
    
2. U.S. Social Security Number (if any): ______________________
    
3. Please list dates of any prior visits to the U.S. and visa status used. (If B-1 or B-2 visitor status only, specific dates are not required; a statement such as several short visits between 1985 and 1993 - not more than three weeks at one time is sufficient --for any other status, please be specific)
   
   Entered:___________Departed:___________Status:___________
   
   (please continue on separate sheet, if necessary)
    
4. Have you ever applied for an Immigrant Visa or Permanent Residence in the U.S.?
   
   If so, where?
    
5. Has any visa petition filed on your behalf been denied?
    
6. Have you ever been in deportation or exclusion proceedings?
    
7. Have you ever held a J-1 Visa? ___ Yes ___ No
   
   If yes, were you subject to the 212(e) regulation requiring a waiver of the two-year foreign residency requirement?
   ___ Yes ___ No
   
   Has your spouse (if applicable) ever held a J-1 Visa? ___ Yes ___ No
   
   If yes, was your spouse subject to the 212(e) regulation requiring a waiver of the two-year foreign residency requirement?
   ___ Yes ___ No
    
8. Are you married? (if yes, please complete the following):
   
   Spouses Name: ______________________
   
   Last/Family Name: ______________________
   
   First/Given Name: ______________________
   
   
   Please list spouses prior periods of stay in the U.S. (if none, state NONE):
   
   Status: ______________________
   
   Dates: ______________________
   
   Please list all periods of spouses employment in the U.S. (if none, state NONE):
   
   Company:_____________Duration:_____________Status: ______________
   
   Company:_____________Duration:_____________Status: ______________
    
9. Do you have any children?___ Yes ___ No
   (If yes, please complete the following for each individual child)
   
   Childs Name: ______________________
   
   Last/Family Name: ______________________
   
   First/Given Name: ______________________
   
   CONSULATE INFORMATION 
10. What is the location of the U.S. Consulates Office where the application for the visa will be picked up (Perth?)
     
11. Please list all periods of employment in the United States (if none, please state NONE; if you were a contracted employee, please state the name of your actual employer not the client to whom you were contracted)
    
    Company:_____________Duration:_____________Status: _____________
    
    Company:_____________Duration:_____________Status: _____________
    
    Company:_____________Duration:_____________Status: _____________
     
12. Are there any specific issues you are concerned about or wish to bring to our attention?