Understanding E-3 Visa
Like the H-1B visa, the E-3 visa is a temporary work visa available to certain individuals with specialized knowledge and skills. The E-3 visa, however, is only available to citizens of Australia. It allows qualified Australian workers (and their spouse and children) to live in the United State for up to two years. This visa may be extended for additional two-year periods. Although there is not a legal cap on the number of extension available, the E-3 visa holder must maintain non-immigrant intent, meaning she or he must intend to leave the US after a temporary stay in the United States.
Requirements for the E-3 Visa
E-3 visa applicants must prove that they are citizens of Australia and must also have a legitimate offer of employment in the US. The Australian employee must be coming to work in a specialty occupation capacity in the United States and usually must possess a four-year U.S. bachelor’s degree or the foreign equivalent. The employer is also required to pay the foreign worker a specific minimum salary that is normally determined by the Department of Labor wage surveys for a given geographic area and industry.
Unlike many non-immigrant visas, E-3 visas can be obtained directly from a US Consulate abroad without first obtaining an approved petition in the United States. Before applying for the visa abroad, however, the US employer must create a “Public Access File” and file a Labor Condition Application (“LCA”) with the Department of Labor. The E-3 visa applicant must take a certified LCA to the visa interview abroad.
Spouses and Children of E-3 Visa Holders
Spouses and unmarried children under 21 may accompany the E-3 visa holder to the US and can be given E visas for dependents. Spouses of E-3 visa holders may be eligible to apply for an employment-authorization document.
Connecting Your Business With International Talent
At Becker & Lee LLP, employment-based immigration is one of our primary practice areas. Our experienced attorneys have worked with a range of talented individuals, employers and human resource professionals to obtain E-3, and other temporary work visas for their employees. Past clients include graphic design firms, Silicon Valley tech companies, and a range of additional startups and businesses.
Our E-3 visa lawyers offer comprehensive representation to help ensure legal compliance and efficiency and increase chances of success in the visa application process. Contact our San Francisco law firm to learn more about your options.