E3 visa for Australians
Our goal is to provide the personalized attention every client deserves, ensuring the maximum possible freedom to pursue career goals in the U.S. We represent a wide range of Australians—from individuals beginning new careers to some of Australia’s most prominent actors, artists, musicians, and business executives working in U.S. offices of leading Australian firms.
About the E-3 Visa
The E-3 visa is a unique benefit for Australians wishing to live and work in the U.S.—as long as they have the equivalent of a four-year U.S. college degree in the field they will be working in.
Applicants without a degree may still qualify if they can demonstrate the equivalent of a U.S. bachelor’s degree through significant professional work experience or a combination of experience and education.
Like the H-1B, the E-3 requires that:
- The job must qualify as a specialty occupation under U.S. immigration law.
- The U.S. employer must comply with Department of Labor (DOL) requirements, including proper wages and maintaining an LCA public inspection file.
E-3 Visa vs. H-1B Visa
H-1B Visa
- Subject to an annual lottery cap.
- Must apply in April for an October 1 start date.
- Government filing fees: $1,570–$3,320.
- Valid for up to six years maximum (in most cases).
- H-4 spouses can only work if the H-1B principal has an approved green card petition (I-140).
E-3 Visa
- Renewable indefinitely in two-year increments.
- Government filing fee: $315 (consular MRV fee).
- No lottery or annual cap.
- Applications may be filed year-round.
- Spouses (E-3S) are automatically work-authorized upon entry. No separate work permit is required.
- Children (E-3D) may study but cannot work.
- New E-3 visas must usually be applied for in Australia or the country of legal residence. Third-country applications are now restricted.
- Processing is generally faster at U.S. consulates abroad. Filing through USCIS in the U.S. can take 1–4 months and still requires a visa stamp before reentry.
Common Mistakes
Many Australians attempt to apply for the E-3 visa without guidance and encounter:
- Delays caused by incomplete or inaccurate paperwork such as failure to provide an educational equivalency report especially in regards to Australian 3-Year bachelor's degrees which do not equate to a US 4-Year degree.
- Misunderstanding of wage and LCA requirements and utilizing flexibilities such as a part-time hourly wage
- Incorrect assumptions about spouse and dependent benefits.
Qualified legal representation helps avoid these mistakes, saving time, money, and stress.
Arrange a Consultation
We invite you to set up a consultation to discuss your situation.
Moving overseas to the USA
Once you've obtained your visa and if you're looking for relocation asisstance, please contact Muval to arrange your move overseas.