The E-3 Visa

Q: What is the E-3 nonimmigrant visa and who is eligible to use it?

A: The E-3 nonimmigrant visa is a professional worker visa very similar in requirements and uses to the H-1B. It was created as a result of a trade agreement with Australia, and consequently only Australians are eligible to use this visa. The E-3 bears almost no similarity to the E-1 or E-2 nonimmigrant visa categories except for its basis in a trade agreement/treaty.

Q: If it is so similar to the H-1B, what is the advantage of having this separate nonimmigrant visa category?

A: For an Australian professional seeking work in the U.S., there are two main advantages to seeking an E-3 instead of an H-1B.

First, there is the issue of availability. H-1Bs are numerically limited and are frequently entirely unavailable to most applicants. This will not be an issue for the E-3 visa.

Second, an E-3 can be obtained much more quickly than an H-1B. There is no need for the employer to file a petition with the proper U.S. Citizenship and Immigration Services regional Service Center and wait anywhere from two weeks to three months for approval before the foreign national can even apply for a visa stamp at the U.S. Embassy or Consulate.

A petition can be assembled and sent directly to the foreign national for application at the U.S. Embassy or Consulate, where the case will be adjudicated and (if approved) the visa stamp issued. It should be noted that, as with an H-1B, an approved Labor Condition Application from the U.S. Department of Labor is required.

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The above is presented for informational purposes only, and does not constitute legal advice or create an attorney-client relationship with our firm. The information provided should not be used as guidance in pursuing an immigration matter absent consultation with a qualified immigration attorney.