E-3 Visa Frequently Asked Questions

A friendly reminder, Aussie Recruit is not a US immigration practice and does not give US immigration advice. You should not act on the information shared, without seeking your own professional advice.

This resource is made possible with the help of Green and Spiegel US, supporters of our E-3 visa event series. If you need visa assistance you can connect with Jonathan Grode, US immigration attorney and Practice Director at Green and Spiegel U.S. You can request a complimentary consult with Jonathan here.

E-3 Visa Basics

What is the E-3 Visa?

The E-3 Visa is a visa for only Australian citizens, created as a result of the Australia–United States Free Trade Agreement. The visa enables eligible Australians to work temporarily in the U.S., 2 years at a time, in a specialty occupation. For more details, check out our E-3 Visa overview & Infographic. Each year 10,500 E-3 Visas are available to Australians only and in the past few years less than 50% of the quota has been used. E-3 Visa renewals do not count towards the annual quota.

What are the requirements to get an E-3 Visa?

To be eligible for the E-3 Visa, there are a few general requirements that must be met:

Be a national of Australia
Have a legitimate offer of employment in the United States
Possess the necessary academic or other qualifying credentials
Fill a position that qualifies as a specialty occupation.

Join our talent network to hear about jobs in the US at companies hiring Australians on E-3 Visas! No cost to you.

How long does the E-3 Visa last?

E-3 visas are granted in 2-year increments and theoretically are renewable indefinitely as long as the applicant does not display an intent to immigrate permanently to the U.S.

Is there an age limit on the E-3 Visa?

There is no age limit to obtain the E-3 Visa!

Is the E-3 Visa an immigrant or nonimmigrant visa?

Nonimmigrant. You must not manifest the intent to remain permanently in the U.S. However, unlike other visa classifications, you do NOT need to maintain a residence outside of the U.S.

What is a specialty occupation for the E-3 Visa?

The specialty occupation requires theoretical and practical application of a body of highly specialized knowledge and the attainment of a bachelor's or higher degree in the specific specialty, or its equivalent, as a minimum for entry into the occupation in the U.S.

Can you get an E-3 Visa without a degree?

An Australian national with 12 years of progressive professional experience in the field, or a combination of formal schooling and progressive professional experience, may meet the educational requirements of the E-3 Visa. Australian nationals may earn the equivalent of a 4 year U.S. Bachelor’s Degree by virtue of formal education and/or progressive professional experience. It is commonly accepted that if established through documentary evidence, every 3 years of progressive professional experience is equal to 1 year of formal school.

Is the E-3 Visa considered sponsorship?

The E-3 Visa is an employer-sponsored visa. If you need an E-3 visa, the correct answer to the question “Do you need sponsorship” is “Yes”.

E-3 Visa Costs and Processing

How much does the E-3 Visa cost?

The E-3 Visa costs $315 USD when applied for via a U.S. consulate abroad. If approved without administrative processing, Australians can have their E-3 Visas in their passports within 3-5 business days of attending their appointment.

How much does the E-3 Dependent and E-3 Spouse Visa cost?

The same as the E-3 Visa, $315 USD when applied for via a U.S. consulate abroad.

How long does the E-3 Visa take to process?

The E-3 Visa process typically takes around 4 to 6 weeks. There are a number of dependencies such as how long it takes you to pull key documents together, embassy appointment availability etc. When renewing or changing employers internally, an additional Premium Processing fee can be paid to ensure you receive a response on your E-3 Visa application within 15 days.

Is Premium Processing available for the E-3 Visa?

As of February 24 2021, Premium Processing is now available for those who are requesting a change or extension of status to E-3 classification via Form I-129, Petition for a Nonimmigrant Worker. Premium Processing for E-3 Visas is optional, and has an additional filing fee of $2500 USD, but will ensure a government response within 15 days!

E-3 Visa Process

What is the E-3 Visa process?

The E-3 Visa process is a generally a simple 3 step process.

The Employer files the Labor Condition Application with the U.S. Department of Labor
The Candidate submits the DS-160, pays $315 USD and attends U.S. Consulate appointment outside of the US
The Candidate receives the E-3 Visa and starts new job

The LCA is a compliance document that gets filed with the US Department of Labor. It’s important that this document is completed correctly. Many people and companies will choose to work with a US immigration attorney to ensure the LCA is correct.

Do I have to get my first E-3 Visa at a US embassy in Australia?

The current best practice is to apply for your E-3 visa at a US embassy or consulate where you are a resident.

In practice, this means:

If you are living in Australia, it is generally best to apply at a US embassy or consulate in Australia (such as Sydney, Melbourne, or Perth).
If you are legally resident in another country, you may be able to apply at the US embassy or consulate in that country.
While some US embassies may accept applications from third-country nationals, many now prioritize or require applicants to be residents of the country where they apply.

Because embassy policies can change, it’s important to check the specific US embassy or consulate’s website before booking an appointment.

Can I apply for an E-3 Visa without having a job lined up?

No, you will need a job offer first. The company will then start the E-3 visa process for you by submitting the Labor Condition Application (LCA).

Employment and Job Changes

What happens if I lose or quit my job?

Whether voluntary or involuntary, E-3 employees who cease working for their E-3 employers enter a grace period that is either (a) 60 days; or (b) the remaining portion of their E-3 status as indicated on their I-94, whichever is shorter.

During the grace period, the E-3 employee must either;

(a) have a new E-3 Petition filed on their behalf

(b) submit an alternative request with USCIS (for example, a change of status to visitor) or

If a new Petition arrives with USCIS within the applicable Grace Period, the E-3 employee is protected while it is pending; however, they cannot begin working for the new employer until the case has been approved (which, thanks to Premium Processing, could be a lot sooner than before).

Similarly, a change of status filed within the 60-day grace period also protects the E-3 employee so long as it is pending and submitted in good faith. In that situation, the E-3 employee must abide by the terms of their newly requested status. As such, if an E-3 employee seeks B-2 status as a Visitor for Pleasure/Tourism, they may not work, either, even if it is for an employer located outside the United States.

Lastly, it may be permissible for an E-3 employee to file a change of status to another nonimmigrant classification, and subsequently have a new employer file an E-3 Petition requesting a change of status back to E-3. Such situations are highly delicate and require detailed scrutiny.

We recommend speaking with an experienced immigration attorney to discuss your situation. Request your complimentary consult with Jonathan Grode who is our go-to attorney and specialized in the E-3 Visa.

Can I change jobs on an E-3 Visa?

You can change jobs on an E-3 Visa by either:

(a) leaving the United States and applying for a new E-3 Visa or

(b) submitting an E-3 Petition that requests a change of employer.

Usually, consular processing is favored, amongst other reasons due to longer wait times for the internal filing, which must be approved before commencing work with the new employer. However, things have not been “usual” for nearly 1 year, which is why more E-3 employers and employees have gone the internal route over the past 12 months. Now that Premium Processing is available, an internal filing may become an even more appealing option.

Can I work for more than one E-3 employer?

Yes, but you must either;

(a) apply for a concurrent E-3 Visa at the Consulate, which requires 2 sets of paperwork (2 LCAs, 2 employment offers), in which case you may work for both employers upon admission to the United States or

(b) apply for concurrent E-3 employment within the United States, in which case you must wait for the Petition’s approvable before assuming the employment described therein.

We suggest speaking with an experienced immigration attorney before embarking on this path.

Can I do a contract role on an E-3 Visa? Including a short term contract (e.g. 3-6 months)

You cannot be a contractor, but you can do a contract role if you are paid via payroll. There must be a valid employer / employee relationship to be eligible for E-3 status.

Can I freelance on an E-3 Visa?

No. You must have a valid employer/employee relationship to hold E-3 status.

Can I get an E-3 Visa with a part-time job offer?

Yes, you can work off of an hourly wage. But, you must be an employee and cannot be treated as a contractor.

What happens if my E-3 Visa expires before I get a renewal?

It is your I-94 that controls your admission and classification – not the visa. If you have an I-94 date that exceeds your LCA date, it is recommended that you update the LCA accordingly. If you travel abroad with an expired visa, you will need a renewal in order to reenter the country regardless of your last I-94 validity (save trips to Canada and Mexico for less than 30 days (this is called automatic revalidation).

Do I need an E-3 Visa if I’m working for a US company from Australia or outside of the US?

The E-3 Visa is required to work in the United States. If you’re outside of the United States, you’ll want to check you have proper work authorization for the country you’re in. You will not need an E-3 visa to work for a US employer outside of the US.

Finding Jobs and Employers

How do I find companies in the US who will sponsor me on the E-3 Visa?

Most companies in the U.S. do not know about the E-3 visa. U.S. companies will generally think you need an H-1B visa, which is far more complex and expensive. Finding an E-3 Visa friendly company is one of the greatest challenges faced by Australians looking for work in the U.S. We recommend trying to find another Australian working at the company you’re interested in, to try and determine whether the company knows about the E-3 visa. Aussie Recruit addresses this challenge by connecting you with job opportunities at E-3 visa friendly companies.

Here’s 2 great places to start:

Join our talent network (free) to hear about jobs in the US at companies hiring Australians on E-3 visas.
Get access to E-3 Visa Salary Search to discover US companies that have sponsored Autralians on E-3 Visas. Search through 50,000+ E-3 visa salaries by company, job title, and location.

How do I explain the E-3 Visa to employers in the US?

Here’s a one-liner for you.

The E-3 visa is a special, inexpensive visa for Australians only, to work in the U.S. 2 years at a time.

The E-3 visa is totally unlike the H-1B, which is what most recruiters will think you need. You can tell U.S. recruiters and companies that the E-3 visa is like the Canadian TN visa. The Canadian TN visa is well known, and is also based on a treaty with the United States. The E-3 visa is even better as it works for a wider variety of job roles than the TN, which is available for limited job categories.

How do I stay across the latest E-3 Visa updates?

We run monthly E-3 Visa virtual events with Green & Spiegel U.S., to provide you with the latest E-3 Visa and U.S. immigration updates for Australians. You can find our next event and/or the last event recording here.

Spouses and Dependents

Can my spouse work on the E-3 Visa?

The spouse of an E-3 Visa holder can apply for the E-3D Visas and are eligible to receive employment authorization (E-3 spouse status) upon arrival to the United States.

From January 31, 2022, Customers & Border Protection confirmed that all E-3 dependent visa spouses entering the U.S., will be admitted to the U.S with a new I-94 admission code (E3S), which signals the commencement of automatic work authorization.

E-3 dependent spouses require the new I-94 admission code (E3S) to work in the U.S.

The E-3D is also available to children who are under 21 years of age and unmarried, regardless of their citizenship.

My partner and I are not married. Can they still qualify for an E-3 dependent visa?

U.S. immigration law does not recognize common law marriages or civil unions, instead requiring spouses to be legally married in order to be eligible for the E-3D Visa. If you and your spouse are not legally married, they may apply for a B-2 Visa under a special provision for cohabitating partners.

When can my E-3 spouse apply for work authorization?

Historically an E-3D spouse needed to apply for work authorization (EAD) upon entry into the U.S. (an Employment Authorization Document, or “EAD”) . However, from January 31, 2022, Customers & Border Protection confirmed that all E-3 dependent visa spouses entering the U.S., will be admitted to the U.S with a new I-94 admission code (E3S), which signals the commencement of automatic work authorization.

E-3D spouses require the new I-94 admission code (E3S) to work in the U.S.

Can my E-3 dependents attend US schools?

Yes! In fact, E-3 dependent spouses and children may even attend U.S. universities. However, if they hold E-3D status while in school, they will not have access to the same employment-related opportunities that come with F-1 student status (e.g., post-completion Optional Practical Training). Likewise, E-3D children who are in U.S. universities who reach 21 years of age must switch to F-1 to continue their studies (or, as alluded to above, accept certain types of employment).

Study, Living, and Long-Term Questions

Can I study on an E-3 Visa? Or am required to get additional authorization before I do so?

Part-time study is permitted on the E-3. If you plan to enroll in a full-time course of education, contact your school as the F-1 classification is likely more appropriate.

Can I work and study on an E-3 Visa?

You can – but the study must be part-time

Can Australian citizens live permanently in the USA?

An Australian citizen can live permanently in the USA, but not on the E-3 Visa. The E-3 is temporary visa that carries 100% nonimmigrant intent. You must obtain permanent residency (“Green Card”) to stay without restriction.

Can I buy a house on an E-3 Visa?

You can buy a house on the E-3 Visa, but it can be challenging to establish the credit necessary to secure a mortgage.

What happens if my US citizen partner and I have a child while I'm on an E-3 Visa?

The child is automatically a U.S. citizen. You can also register the birth with the Australian Consulate.

Aussie Recruit is posting what it hopes will be helpful information. Aussie Recruit is not an immigration practice and is not giving advice. Readers and viewers should not act on the information shared, without seeking their own professional advice. The Department of Homeland Security provides official E-3 Visa information.