E-3 Specialty Occupation
These specialty occupations typically require a university degree and degree-level skills and knowledge to fulfill the duties of the position. extensions, with some exceptions. Applicants may request up to 2 years of stay in the E-3 status with a possibility for an extension (2 years per extension). There is no maximum number of extensions, with some exceptions.
REQUIREMENTS
To qualify for E-3 classification the beneficiary (employee) must:
- Be a national of Australia;
- Have a legitimate offer of employment for a specialty occupation position in the U.S.;
- Have the required academic or other qualifications, including licensure if necessary.
In addition, the petitioner (U.S. employer) will have to:
- Pay the E-3 worker required wage rate based on the employee’s worksite address and specialty occupation;
- Offer the same working conditions and benefits as those offered to similarly employed American workers.
PROCESS & TIMELINE
OVERVIEW
On average, once all the information and documents are provided it takes 3 – 5 weeks for Bay Immigration Law to prepare and file an E-3 case with the United States Citizenship and Immigration Services (USCIS), or with a U.S. Consulate abroad.
Depending on the particulars of the employee’s qualifications and offered the position it may take longer to prepare the case. In general, the process is as follows:
INTRODUCTION
We have an introductory phone call and go over your plans, requirements, and the documentation/information that will be necessary to proceed.
We send out an Engagement Letter establishing the Attorney-Client Privileged relationship, and outlining the legal and government costs for the preparation and filing of the case.
Once the Engagement Letter has been returned to us, we will make a formal request for documentation and information to begin the preparation of the case.
STEPS FOR SUCCESS
On a continuing basis, we work with you to collect the information and documentation to fulfill the submission requirements for the LCA, Forms, the Letter of Support, and the final Packet.
Once the packet is complete, we prepare a physical packet (in duplicate) at our Palo Alto office and ship it to USCIS (if you are in the United States and filing as a Change of Status), or to you directly (if you are outside of the United States and are attending a consular interview for your E-3).
ON COMPLETION
If you are attending a Consular Interview, we will walk you through the process of booking a Consular Interview and will prepare you for the interview a week or two prior to the interview.
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FAQ
No, you must be a citizen of Australia to qualify under the E-3 classification.
No, you must be a part-time or full-time employee to work in the U.S. under the E-3 classification.
You do not have to worry about it. Our team will review your resume and educational documents and will help you with selecting the right occupational code for your position. We have extensive experience with E-3 applications, and we successfully help our clients to qualify under the E-3 classification.
If you have enough years of experience in the field of the offered position, you may qualify under the E-3 classification even if you do not hold a bachelor’s degree or have an incomplete degree.
Depending on their citizenship, your spouse and unmarried children under the age of 21 may be eligible to qualify as your dependents.
Your spouse will be allowed to work in the U.S., but your children may not be employed.
Yes, you can extend your E-3 status. Your employer will need to file an extension on your behalf. You may request 2 years of extension at once, but the number of extensions is not limited.
E-3 visas are employer-specific, which means you can only work in the U.S. for the employer named on your E-3 visa. If you would like to work for another employer, you will have to apply for a new E-3 visa application with this employer. If you leave your job before your visa’s expiration date, you have 60 days to find another employer, change your status or leave the U.S.
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