Are you an Australian citizen looking to work in the United States? If so, you may be eligible for the Australian E3 visa. The government introduced this type of visa in 2005 exclusively for Australian citizens. Moreover, this unique visa category allows Australian citizens to work in the U.S. for up to two years, with the possibility of renewal.
In this article, we will explore what the Australian E3 visa is, its eligibility requirements, how to apply, and the benefits of holding an E3 visa.
Definition
The E3 visa is a temporary work visa designed for Australian citizens with a job offer from an employer in the United States. This type of visa is part of the Australia-United States Free Trade Agreement (AUSFTA) and is only available to Australian citizens. Unlike other work visas, the E3 visa has no annual quota, meaning there is no limit on the number of E3 visa issuances yearly.
Eligibility Requirements
You must comply with certain requirements to be eligible for this visa.
Citizenship
The applicant must be an Australian citizen to be eligible for an E3 visa. This means that the applicant must have been born in Australia or be a naturalised citizen of Australia. Dual citizens of Australia and another country may also be eligible for an E3 visa if they meet the other requirements.
Educational Qualification
One of the major eligibility requirements for the Australian E3 visa is possessing an educational qualification or highly specialised knowledge relevant to the job you are applying for. It means you must have a degree or equivalent in the field related to the position you are seeking. You will need to show proof of your qualification with your visa application.
Job Offer in Australia
To obtain an Australian E3 visa, you need a genuine job offer from an employer in the United States. This job offer must be in your expertise, and you must demonstrate that your qualifications and work experience match the job requirements. Moreover, you must provide a letter of offer from the employer with your visa application. The job offer must also have an actual or prevailing wage.
Sufficient Funds
The applicant must have sufficient funds to cover their expenses in the United States. This includes housing, food, and transportation. The amount of funds required may vary depending on the location of the job and other factors.
Intent to Return to Australia
The applicant must have a residence in Australia that they intend to return to after their stay in the United States. This can be a home they own or rent or a family member’s home.
Application Process
Here is a step-by-step guide on how to apply for an E3 visa.
Step 1: Find a Job Offer
To apply for an E3 visa, you must first have a job offer from a U.S. employer. The job must be in a specialty occupation that requires a bachelor’s degree or higher. Once you have acquired a job offer, your employer must file a Labour Condition Application (LCA) with the Department of Labour.
Step 2: Complete the DS-160 Form
You can start the visa application procedure after the LCA grants it. The first step is to complete the DS-160 form online. This form collects personal information about you and your intended travel to the US.
Step 3: Pay the Application Fee
The next step is to pay the application fee, currently USD 205. You can pay this fee online or at an approved payment centre.
Step 4: Schedule a Visa Interview
After paying the application fee, you can schedule a visa interview at the US embassy or consulate in Australia. You must bring your passport, a printed copy of the DS-160 confirmation page, a photo that meets the visa requirements, and any other supporting documents like an Employment Authorisation Document.
Step 5: Attend the Visa Interview
At the visa interview, a consular officer will review your application and ask you questions about your job offer and qualifications. If approved, you will be issued an E3 visa, which allows you to work in the US for up to two years.
The E3 visa application process can be lengthy and complex. Still, with careful preparation and attention to detail, you can obtain an E3 visa and begin your career in the United States. To change employers while remaining in the United States your new employer must obtain:
- A certified Labour Condition Application for the position in which you will be employed; and
- Properly file a Form I-129 petition.
Benefits of the E3 Visa
If you are an Australian citizen looking to work in the United States, an Australian E3 visa may be ideal. Here are some benefits of obtaining an E3 visa:
- E3 visas allow for “dual intent.” This means you can apply for permanent residency while on an Australian E3 visa, making it easier to transition to a more permanent status in the United States. Change of visa status is not possible if the applicant has entered the country under the visa waiver program. However, if the applicant has entered on a different visa (F-1 student) then a change of status is allowed.
- E3 visa holders can bring their spouse and children under 21 to the United States. Spouses are also eligible to apply for work authorisation, which allows them to work in the United States.
- E3 visas are renewable. After an initial stay of up to two years, you can extend your visa permanently for two years.
- Unlike the H-1B visa, which has a cap on the number of visas issued yearly, there is no cap on the number of E3 visas issued.
- The fees associated with an E3 visa are generally lower than those associated with other non-immigrant visas.
Seeking Legal Assistance for Getting an Australian E3 Visa
Obtaining an Australian E3 visa can be a complex and time-consuming process. It is essential to seek legal assistance to ensure a successful application process. Here are some reasons why you should seek legal help when applying for an Australian E3 visa:
- A qualified immigration lawyer can help you understand the requirements and determine your eligibility for the visa.
- An experienced immigration lawyer can help you avoid common mistakes and ensure your theoretical and practical application is complete and accurate.
- An immigration lawyer can help you prepare for your interview, advise you on what to expect during the process, and answer any questions.
- Working with an immigration lawyer can increase your chances of obtaining an E3 visa because they can help you present yourself in the best possible light and address any concerns or issues that may arise during the application process.
How Migration Lawyers at JB Solicitors Can Help
The E3 visa is an excellent option for Australian citizens looking to work in the US. Its relatively low requirements and streamlined application process make it a popular choice for many Australians seeking to further their careers. If you’re an Australian citizen with a job offer in the US, the E3 visa may be the perfect option.
To ensure a successful E3 visa application, the work visa lawyers at JB Solicitors can help you understand the requirements, avoid mistakes, prepare for the interview, and resolve issues that may arise during the application.
Contact us today if you want citizenship and immigration services.
