This classification permits citizens of Australia to seek admission to the U.S. to perform services in a specialty occupation.
The E-3 is very similar to the H-1B with regard to the specialty/professional requirements for the position offered in the United States. However, there are several notable differences. The E-3category has a cap of 10,500 per fiscal year but it has never been reached.Dependents of the E-3 worker may be admitted as E-3D dependents regardless of their country of citizenship and, unlike the H-1B classification, spouses ofE-3 foreign nationals may apply for and obtain an Employment Authorization Document (EAD) to work. The E-3 may be issued indefinitely in increments of two years and can be a faster process than the H-1B petition. E-3s may possess"quasi dual intent," but must be careful with their intention upon admission to the United States.
Your company must obtain a Certified Labor Condition Application (LCA) from the U.S.Department of Labor (DOL) prior to the filing of the E-3 application (petition, if filed with USCIS). However, the LCA may only be requested for a two-year period of time. After the LCA is approved, the Australian citizen may then submit a visa application to apply for the E-3 visa at a U.S. consular post abroad. If the individual is already in the United States pursuant to another valid nonimmigrant classification, a petition may be filed with USCIS to change status to E-3. It is important to note that Australians who have entered theUnited States pursuant to the Visa Waiver Program are not permitted to change status in the United States.