B
O
C
The E-3 visa classification currently applies only to nationals of
Australia as well as their spouses and children. A non-Australian
Spouse of an Australian E-3 visa holder is qualified for the E-3
visa as a dependant of his/her husband or wife.
The E-3 principal nonimmigrant aliens must be coming to the
United States solely to perform services in a specialty
occupation.
The E-3 visa is similar to the H-1B visa, although unlike the H1b,
The E-3 worker need not file a petition with the USCIS.
Consulate filing is acceptable.
The E-3 visa classification is numerically limited, with a maximum
of 10,500 visas available annually. Spouses and children do not
count against the numerical limitation nor are they required to
possess the nationality of the principal. A Labor Condition
Application (LCA), containing attestations by the sponsoring
employer related to wages and working conditions must be filed
with and approved by the Department of Labor (DOL).
The definition of a “specialty occupation” under the E-3
visa is similar to the definition of a “specialty occupation”
under the H-1B visa. In general, a specialty occupation is one
that requires 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 United States.
The recent State Department's regulations governing E-3 visas
incorporate the definitions contained in section 214(i)(1) of the
Immigration and Nationality Act (INA). In order to determine
what constitutes a "specialty occupation," consular officers
abroad will be guided by, and will apply, regulatory criteria
already developed by the Department of Homeland Security for
the H-1B classification.
Status of Spouse and Minor Children
Section 214(e)(6) of the Immigration and Nationality Act permits
the spouse of a principal E nonimmigrant to engage in
employment in the United States.
As is the case for the spouse of a principal E-1 and E-2
nonimmigrant, the spouse of a qualified E-3 nonimmigrant may,
upon admission to the United States, apply for an employment
authorization document, which an employer could use to verify the
spouse's employment eligibility.
The spousal employment may be in a position other than a
specialty occupation.
E-3 Validity
E-3 I-94 time limits are the same as E-1 and E-2 visas (as
opposed to H-1Bs). As with other E visas the E-3 visa can be
extended indefinitely as long as the worker continues
employment in the proffered position as the required wages.
Four major advantages of the E-3 over the similar H1B:
approval form USCIS as is required with the H1B)
Australia as well as their spouses and children. A non-Australian
Spouse of an Australian E-3 visa holder is qualified for the E-3
visa as a dependant of his/her husband or wife.
The E-3 principal nonimmigrant aliens must be coming to the
United States solely to perform services in a specialty
occupation.
The E-3 visa is similar to the H-1B visa, although unlike the H1b,
The E-3 worker need not file a petition with the USCIS.
Consulate filing is acceptable.
The E-3 visa classification is numerically limited, with a maximum
of 10,500 visas available annually. Spouses and children do not
count against the numerical limitation nor are they required to
possess the nationality of the principal. A Labor Condition
Application (LCA), containing attestations by the sponsoring
employer related to wages and working conditions must be filed
with and approved by the Department of Labor (DOL).
The definition of a “specialty occupation” under the E-3
visa is similar to the definition of a “specialty occupation”
under the H-1B visa. In general, a specialty occupation is one
that requires 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 United States.
The recent State Department's regulations governing E-3 visas
incorporate the definitions contained in section 214(i)(1) of the
Immigration and Nationality Act (INA). In order to determine
what constitutes a "specialty occupation," consular officers
abroad will be guided by, and will apply, regulatory criteria
already developed by the Department of Homeland Security for
the H-1B classification.
Status of Spouse and Minor Children
Section 214(e)(6) of the Immigration and Nationality Act permits
the spouse of a principal E nonimmigrant to engage in
employment in the United States.
As is the case for the spouse of a principal E-1 and E-2
nonimmigrant, the spouse of a qualified E-3 nonimmigrant may,
upon admission to the United States, apply for an employment
authorization document, which an employer could use to verify the
spouse's employment eligibility.
The spousal employment may be in a position other than a
specialty occupation.
E-3 Validity
E-3 I-94 time limits are the same as E-1 and E-2 visas (as
opposed to H-1Bs). As with other E visas the E-3 visa can be
extended indefinitely as long as the worker continues
employment in the proffered position as the required wages.
Four major advantages of the E-3 over the similar H1B:
- Not subject to the H1b quota
- Can extend your stay indefinitely (apposed to 6 year limit
- Spouse can work with an approved work permit (H1B
- Worker may apply directly at either the US Consulate in
approval form USCIS as is required with the H1B)
BOGLE
OKOYE
CHANG
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BOGLE & CHANG, LLC
Copyright © 2010 Bogle & Chang, LLC. All Rights Reserved.
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E3 Work Visas: Australian Workers
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