Attention Aussies! Take a Look at the E-3 visa
I've been getting a number of calls recently regarding the E-3 visa, so I thought a brief post on the topic would be timely. If you're an Australian national who has a minimum of a bachelor degree (ie., a 4 year university degree) and you want to come work in the U.S. on a temporary basis, this is a great visa for you and your American employer.
In many respects the E-3 visa is like an H-1B visa designed specifically for Australians. In order to qualify for the E-3 visa, the following basic criteria must be met:
- The beneficiary (ie., worker) must be an Australian national. Typically this means that you were born in Australia and you hold an Australian passport. Unfortunately Australian permanent residents are not eligible for the E-3.
- The beneficiary must have a valid written job offer from a U.S. employer;
- The employer must have first obtained an approved Labor Condition Application;
- The beneficiary must have at least the equivalent of a U.S. bachelor's degree (ie., 4 year college or university degree) AND the job opportunity at which they will work in the U.S. must require at least a bachelor's degree in the field of study that corresponds with the employee's field of study. For example, an Australian with a 4 year degree in computer sciences would likely qualify for an E-3 visa to take a job in the U.S. as a computer programmer or systems analyst. Similarly, a person with an engineering degree would likely qualify for an E-3 visa to work for an engineering firm in the U.S. as a structural engineer. In contrast, an Australian with a political science degree is unlikely to be able to qualify for an E-3 visa to work in the U.S. as a physicist; and finally
- The beneficiary must be able to prove that they do not have an intent to permanently immigrate to the U.S. The applicant must demonstrate their intent to eventually return to Australia.
The E-3 visa typically allows the beneficiary to work in the United States for 2 years at a time and is, in theory, renewable indefinitely in two year increments. Another really nice feature of the E-3 is that it allows the spouse of the E-3 visa beneficiary to also be eligible for employment authorization.
Unfortunately, as I've mentioned above, there is one drawback to the E-3 visa. In contrast to the H-1B visa, the E-3 beneficiary must initially prove and continue to prove that they at some point intend to return to Australia. Unlike the H-1B, the E-3 visa does not allow a person to adjust to become a permanent resident of the United States (ie., the E-3 is not a dual-intent visa). With that limitation in mind, the E-3 visa provides a great potential avenue of immigration for skilled Australian workers to come to the U.S. on a temporary basis.
