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| George Bush recently created legislative provisions for the E-3 visa category. This visa allows for the temporary admission into the US of employees who will perform services in a speciality occupation for a US employer. It currently applies only to nationals of Australia.
How we can help: We can advise employers and their employees on E-3 visa eligibility, as well as whether this is the appropriate visa category to use (a decision which depends on a number of factors, including time requirements and company circumstances). Where the decision is to proceed with an E-3 visa application we can assist with the determination of the appropriate prevailing wage as well as the preparation and filing of the requisite Labor Condition Application (“LCA”). We can prepare the subsequent visa application documentation on your behalf and arrange an appointment for the interview at the US Embassy, as well as ensuring that appropriate visas are obtained for accompanying family members. We also handle extension applications. |
The E-3 visa is only appropriate for speciality occupations, i.e. jobs which require 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 US.
The US employer must file a LCA with the Department of Labor. At their visa application interview the employee will have to demonstrate that: the position they will fill qualifies as a speciality occupation employment; they have the necessary academic or other qualifying credentials; their stay will be temporary; and, if required, they have the requisite professional licence/permission to practice in their speciality occupation.
The visa will not be valid for longer than the validity period of the LCA, which is a maximum of 24 months. However, the Department of Homeland Security (an Immigration Officer) will decide how long an E-3 visa holder may be admitted to/remain in the US – this is usually a period of two years from the date of each arrival.
Accompanying family: Spouses and children under the age of 21 who will accompany the employee to the US require E-3D visas. The spouse and children do not have to be Australian citizens to qualify. Spouses of E-3 visa holders are permitted to work in the US, provided they have obtained the requisite employment authorisation. This process takes place through the relevant US Citizenship and Immigration Service Center in the US and is normally applied for once the E-3 visa holder has arrived in the US.
This page last updated February 2007
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