4/12/2008 - DOL Published Final Rule Formalizing LCA Requirement for E-3 Australians

In a final rule published April 11, the U.S. Department of Labor finally made official what has already been a requirement in practice: that employers seeking to sponsor Australian nationals for E-3 visas to work as professionals in the U.S. must first obtain a certified Labor Condition Application ("LCA") from the DOL. Through the LCA, the employer makes certain "attestations" or promises - including among others that notice has been given to others at the intended work location by posting of the LCA, that the higher of the prevailing wage or the actual wage being paid to those in similar jobs is being offered, that U.S. workers will not be adversely impacted by the employment of the foreign national and that there is no strike or lockout occurring.

The E-3 visa is very similar to the H-1B visa in the sense that is intended to be used for professional/specialty occupations (those requiring at least a Bachelor's-level degree), however it is available only to nationals of Australia. It thus gives an advantage to Australians in obtaining professional/specialty positions in the U.S. which might be unavailable to those from other nations because of the restrictions placed on H-1B visa issuance by the numerical caps. 10,500 E-3 visas for Australians are permitted per year.