The E-3 treaty professional visa was introduced in 2005 and was created by an Act of Congress as a result of the Australia-United States Free Trade Agreement (AUSFTA), although it isn’t formally apart of the AUSFTA. The E-3 visa applies only to Australian citizens who are employed in a specialty occupation, which means that Australians are no longer required to compete with other nationalities for H-1B visas.

 

The definition of a ‘specialty occupation’ is one that requires a theoretical and practical application of a body of specialized knowledge; and the attainment of a bachelor’s or higher degree in the specialty (or its equivalent). (The definition is the same as for H-1B visas.) It isn’t sufficient that an E-3 applicant holds a particular degree, but the job itself must also require a bachelor-level or higher qualification or its equivalent in terms of experience, or a combination of experience and bachelor level credits (If you don't meet these criteria, please contact us and we'll do our best to assist you).

 

You need a job offer from a US-based employer before you can apply for an E-3 visa. Change of visa status to E-3 isn’t possible if you entered the country under the Visa Waiver. An E-3 visa is usually issued for two years at a time but can be extended indefinitely in two-year increments. You can change your employer when you’re in the US (for more information how, please contact us).

 

The E-3 visa is similar in many respects to the H-1B. Important differences include the fact that the spouse of an E-3 visa holder may work or study in the US without restrictions (unlike other US nonimmigrant visas). The spouse and children (under age 21) of the main applicant aren’t required to be Australian citizens and spouses of E-3 visa holders are entitled to an E-3D (dependant) visa and work authorization, which doesn’t need to be in a specialty occupation. E-3 spouses can apply for a form I-765 (Employment Authorization Document) through the USCIS.

 

GetMeaVisa are happy to answer any questions you might have so please give us a call  on: +44 (0)207 0784 127 or alternatively use the call request form the right, and we'll get back to you as soon as possible!