E3 VISA – DLG

E-3 Frequently Asked Questions

What is the purpose of the E-3 visa?

The E-3 visa allows Australian citizens to work temporarily in the U.S. in a specialty occupation, which typically requires a higher education degree or its equivalent.

Is the E-3 visa only for Australian citizens?

Yes, the E-3 visa is exclusively available to Australian citizens and their spouses and children.

What is a "specialty occupation"?

A specialty occupation requires theoretical and practical application of a body of specialized knowledge and a bachelor’s degree or higher in a related field as a minimum entry requirement.

Can I apply for an E-3 visa while in the U.S. or changing my status from another visa category?

Yes, eligible applicants can apply for a change of status to E-3 if they are already in the U.S., or they can apply for the E-3 visa at a U.S. embassy or consulate abroad.

How long can I stay in the U.S. on an E-3 visa?

E-3 visa holders can stay in the U.S. for up to two years initially, with extensions allowed in two-year increments. There is no maximum limit on the number of extensions.

Can my family members accompany me on an E-3 visa?

Yes, spouses and unmarried children under 21 years of age can accompany the E-3 visa holder. Spouses can also apply for work authorization in the U.S.

Can my spouse work in the U.S. on an E-3 visa?

Yes, spouses of E-3 visa holders can apply for work authorization to work in the U.S.

Can I change employers while on an E-3 visa?

Yes, E-3 visa holders can change employers, but the new employer must file a new Labor Condition Application (LCA) and receive approval.

Can I apply for permanent residency (a green card) while on an E-3 visa?

E-3 visa holders are considered non-immigrants and must maintain their non-immigrant status. Applying for permanent residency directly from an E-3 status is not allowed, but you can pursue a green card through other means.

Is there a cap on the number of E-3 visas issued each year?

Yes, there is an annual numerical limit (or “cap”) on the number of E-3 visas issued each fiscal year. However, this cap is specific to Australian citizens and has historically not been reached.

How do I demonstrate that I am working in a specialty occupation?

You will need to provide evidence of your qualifications, job description, and the specialized nature of your occupation to show that it meets the criteria of a specialty occupation.

Can I travel outside the U.S. while on an E-3 visa?

E-3 visa holders can travel in and out of the U.S. during the validity of their visa. A valid E-3 visa and appropriate documentation are required for re-entry.

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Tilak

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