E-3 Visa

The E-3 Visa allows the holder to work temporarily in a specialty occupation. A specialty occupation that requires at least a bachelor’s degree and the visa holder must have a bachelor’s degree related to the specialty occupation or equivalent. An E-3 visa requires a specific employer to sponsor the Australian national, and the E-3 visa holder may only work for the sponsoring employer.

The E-3 visa is similar to an H-1B visa in many regards, but has several advantages

Advantages

  • Renewable indefinitely (in 2-year increments).
    • H-1b visas have a 6 year maximum (unless the permanent residency process is started)
  • Can apply directly at the consulate.
    • Avoids USCIS and potentially lengthy delays (or paying $1225 for premium processing).
  • Cheaper. Employers save $1250 or $2000 in government fees  over an H-1B visa.
    • Not subject to the H-1B’s $500 fraud fee.
    • Not subject to the H-1B training fees ($750 or $1500).
  • Greater visa availability. There is a separate annual quota of 10,500 which has never been met.
    • The Annual cap of 65,000 H-1B visas frequently runs out.
  • The Spouse of an E-3 visa holder may obtain an open market work permit.

Disadvantages

  • Must be renewed every 2 years (an H-1B visa lasts 3 years).
  • The E-3 Visa does not allow dual-intent by statute.
    • An E-3 visa holder indicates they intend to remain in the U.S. temporarily. If the E-3 visa holder starts the permanent residency process he/she is indicating a permanent intent and this could result in denial of subsequent re-entry after leaving the U.S.
    • Best to switch over to an H-1B or other visa that does recognize dual intent before starting the permanent residency process.
    • The December 15th, 2005 Aytes Memo suggests that dual intent is acceptable for E-3 visa holders, but an E-3 visa holder still takes a slight risk of being denied re-entry if a permanent residency action is pending.

The E-3 category is a wonderful option when appropriate for individuals from Australia.  Contact our office if you have questions or are interested in applying for an E-3 or other visa.