The E-3 visa category is designated for individuals who are nationals of the Commonwealth of Australia coming to the U.S. to perform services in a specialty occupation. A specialty occupation is defined as an occupation which requires theoretical and practical application of a body of highly specialized knowledge and attainment of a bachelor’s or higher degree for the specific specialization (or its equivalent in experience).
The Office for International Students and Scholars (OISS) will assist the university department in determining whether or not the E-3 visa is appropriate for the prospective employee.
Why an E-3?
E-3 is often a simpler alternative to H-1B status, especially with a spouse who hopes to work in the U.S. It is also an option for someone who is not eligible for or has exhausted the limit on H-1B status. Another advantage of using the E-3 category when applying from abroad is that it does not require approval from USCIS, which saves time and money.
There is an annual cap of 10,500 initial E-3 applications for principal visa holders.
For a person contemplating an application for U.S. permanent resident status, the H-1B may be a more suitable option. Similarly, if an employee is not eligible for E-3 status, other visa types may be possible. The sponsoring department should be in contact with OISS to discuss options for the prospective employee.