You may be eligible for this visa if you are an Australian national and entering the US to perform services in a special occupation.

ELIGIBILITY CRITERIA

• You must be an Australian national
• You must perform services in a special occupation* in the United States
• You must have qualifications fitting to the special occupation


GENERALLY REQUIRED EVIDENCE

• Proof of Australian nationality
• A letter from the prospective US employer describing the alien’s occupation, the alien’s anticipated length of stay, and salary/remuneration arrangements
• Evidence that the alien meets the educational requirements for the position to be filed (a bachelor’s degree or higher or its equivalent in the specific specialty occupation)
• Evidence that the alien meets any licensing or other occupational requirements
• Evidence that the prospective US employer has filed with DOL a labor condition application (LCA) specifically designated for E-3 Specialty Occupations


PROCEDURE

 
Stage 1: Collecting Evidence Stage 2: Employer's FEIN Verification Stage 3: File LCA Stage 4: Submit Petition to USCIS Stage 5: Approval


TIME FRAMES

Stage 1 to Stage 2: about 3 weeks
Stage 2 to Stage 3: about 1 week
Stage 3 to Stage 4: about 1 week


EXCEPTIONS & NOTICE

A. Special Occupation generally refers to jobs which require the theoretical and practical application of highly     specialized knowledge along with a minimum of a bachelor’s degree or its equivalent from an accredited institution
B. The time period between Stage 1 and Stage 2 may vary case by case due to the complexity of your occupation     and the employer’s entity
C. E-3 visa is same as H-1B visa, except for the following aspects:
Differences E-3 H-1B
Nationality Australia Any foreign national
Visa Duration Initial 2 years and Extension may be indefinite Initial 3 years and Extension for only 3 years (unless you are qualified for a special condition)
A yearly cap for new visa 10,500 US Master Degree: 20,000 Bachelor Degree: 65,000
Spouse's work authorization in USA Yes No
Effective Date for new visa   October 1st of each year
EB-1/NIW
Frequently Asked Questions(EB-1)
EB-1 (Extraordinary Ability)
EB-2 (NIW: National Interest Waiver)
EB-1 (Outstanding Researcher)
EB-1 (Adjudication Trend)
Start-Up VISA
J-1/H-3 (Trainee)
O (Extraordinary Ability)
Business Trips (Visa Waiver/ B Visa)
L-1 (Transferee)
E-1/E-2 (Trader/Investor)
H-1B (Professional)
TN/E-3 (Professional)
F-1 OPT
Start-Up Issues
Green Card (Employment)
EB-1 (Extraordinary Ability)
EB-1 (Multinational Executives)
EB-1 (Outstanding Researcher)
EB-2 (NIW: National Interest Waiver)
EB-2 (Advanced Degree Holders)
EB-3 (Skilled Workers)
EB-4 (Religious Workers)
EB-5 (Immigrant Investors)
Frequently Asked Questions (EB-2)
Green Card (Family)
IR-1 (Spouse of a U.S. Citizen)
IR-2 (Unmarried Child Under 21 Years of Age of a U.S. Citizen)
IR-5 (Parent of a US Citizen)
FB-1 (Unmarried Sons and Daughters of U.S. Citizens)
FB-2 (Spouses, Minor Children, and Unmarried Sons and Daughters of LPRs)
FB-3 (Married Sons and Daughters of U.S. Citizens)
Work VISA
E-1/E-2 (Work Visa)
E-3 (Visa)
H-1B (Visa)
H-3 (Visa)
L-1 (Visa)
O (Visa)
P (Visa)
R (Visa)
TN (Visa)
J-1 (Trainee)
Frequently Asked Questions (F-1)
Frequently Asked Questions (H-1B)
Frequently Asked Questions (E-2)
Frequently Asked Questions (L-1)
Investment VISA
E-1/E-2 (Investment Visa)
EB-5 (Immigrant Investors)
EB-5 (Regional Center Pilot Program)
Frequently Asked Questions (E-2)
Frequently Asked Questions (EB-5)
Student VISA
F-1 (Visa)
J-1 (Visa)
M-1 (Visa)
OPT/STEM Extension
Citizenship
N400 (Naturalization)
N470 (Preserve Residence for Naturalization)
Other Issues Affecting Immigrants

New York Office

575 Madison Avenue 23rd Fl
New York, NY 10022
TEL: 646.308.1215
FAX: 917.210.4001

New Jersey Office

120 Sylvan Ave. Suite 201
Englewood Cliffs, NJ 07632
TEL: 201.886.2400
FAX: 917.210.4001

Silicon Valley Office

1250 Oakmead Parkway,
Suite 210
Sunnyvale, CA 94085
Tel: 650.856.2500
Fax: 917.210.4001