E-3 Visa Guide: Working in the U.S. as an Australian

Australian citizens have their very own path to work in the United States. The E-3 visa was created through the Australia-United States Free Trade Agreement (AUSFTA). It allows you to work in specialty jobs that usually require a college degree.

The E-3 has a limit of 10,500 visas each year, but that limit is almost never reached, so if you qualify, you can usually apply at any time of the year. Before you can apply, you must have a formal job offer, and the employer needs to obtain an approved labor condition application.

E-3 visa eligibility

To get an E-3 visa, you must meet two main requirements:

1. You must be an Australian national, which generally means you need an Australian passport.
2. You must work in a specialty occupation. This is a job that requires specialized skills. That usually translates to at least a bachelor’s degree. If anyone could do the job without a degree, it likely wouldn’t qualify. Common examples include engineers, scientists, and accountants.

Education and experience

You must show you have the right background for the job. Usually, this means you have a U.S bachelor’s degree or a foreign equivalent in the same field as your job offer. For example, if you want to work as a software engineer, you’d likely need a degree in computer science.

If you don’t have a degree, you might be able to qualify based on other specialized training or years of work experience. Generally, the government counts three years of work as equal to one year of college.

E-3 visa employer requirements

An employer must also meet specific standards to get an E-3 visa for a worker.

A job offer

To apply for an E-3 visa, you must have a formal job offer from a U.S. company. The employer must provide a letter that describes your duties and your salary. That information must match the speciality occupation for which you’re being hired.

Prevailing wage

The employer must always pay you the prevailing wage. This is the average salary that other workers in the same city earn for the same type of job.

This requirement ensures that companies don’t hire foreign workers to save money or pay lower wages than they would pay a local worker. The employer must file a labor condition application (LCA) with the Department of Labor to prove it will meet this pay standard.

Step-by-step E-3 visa process

Getting an E-3 visa involves a few key steps. If you’re in Australia, you’ll go through consular processing. This is when you apply at a U.S. embassy or consulate.

1. Secure a job offer: You must have a formal offer for a specialty occupation from a U.S. employer.
2. Get a certified LCA: Your employer files an LCA with the Department of Labor to show you’ll receive a fair wage. This typically takes seven business days.
3. File DS-160: You must complete the DS-160 online application form. This is your official visa application. You’ll need to pay a $315 fee and print the confirmation page.
4. Schedule your interview: You book an appointment at a U.S. consulate or embassy based on where you live. The U.S. embassy in Australia is in Canberra. There are consulates in Melbourne, Perth, and Sydney.
5. Attend the interview: You’ll meet with a consular officer to review your degree and job offer. If approved, you get a visa stamp in your passport.

This process can take several weeks, depending on the wait for a visa interview. This can vary by location, with little to no wait for an appointment in Canberra and a wait of more than two months in Sydney.

E-3 process if you’re in the U.S.

If you’re already in the U.S. on a different visa (like an F-1 student visa), you can apply for an E-3 visa by asking to change your status. You won’t need to leave the country. Instead of an interview at a consulate, your employer must file a formal petition (Form I-129) with USCIS.

USCIS takes about four months to process these petitions. If you need a faster decision, your employer can pay a premium processing fee to get a response in 15 business days.

E-3 visa costs

The cost of your E-3 visa depends on where you are when you apply. Here’s the breakdown of what you and your employer can expect to pay.

Consular processing

If you’re in Australia, the costs include:

• $315 application fee: The fee for the DS-160 online form.
• $250 visa integrity fee: The visa integrity fee is new and applies to most work visa issuances.

Change of status

If you’re already in the U.S., the costs are higher because you must file through USCIS. These fees are usually paid by the employer:

• $1,015 filing fee: This is the base cost for the I-129 petition. It is reduced to $510 for companies with 25 or fewer employees.
• $600 asylum program fee: This is a mandatory fee for all work visa petitions. It is reduced to $300 for small companies and $0 for nonprofits.
• $2,965 premium processing fee (optional): If you want a guaranteed response in 15 business days, you will need to pay for premium processing.

⚠️ Note that visa filing fees can change over time. The Department of State publishes visa fees for applicants living abroad, and USCIS publishes fees for applicants in the U.S.

Maintaining E-3 visa status

You can follow these rules to keep your E-3 visa status in good standing.

• Renewing your visa: Your visa is usually valid for two years. You can then renew it for another two years. There is no limit on how many times you can renew an E-3 visa as long as you have a qualifying job, a new LCA, and a new Form I-129 from your employer every two years.
• After a job loss: If your job ends earlier than expected, you don’t have to leave the country immediately. You generally get a 60-day grace period. This window gives you time to find a new employer, apply for a different visa, or prepare to go back to the land down under.
• Leaving the U.S.: When your visa expires, you will likely have a 10-day buffer before you need to depart.

E-3 visa dependents and spouses

With an E-3 visa, your spouse and unmarried children under age 21 can join you in the United States. Your spouse is allowed to work as soon as they arrive in the U.S. They don’t need to wait for a separate employment authorization document (EAD). Their ability to work is tied to your maintaining valid E-3 status (you may see this referred to as employment “incident to status”).

When your spouse enters the country, their digital arrival record (I-94) will show they have “E-3S” status. They can show this to an employer as evidence of work authorization.

Your children can attend school in the U.S. full-time, from kindergarten through college, but they’re not allowed to work.

Your E-3 visa journey

The E-3 visa is a way for Australians to build a career in the United States with no lottery and indefinite renewals. If you’re considering this path to the U.S., an experienced immigration attorney can guide you through the application process and help you avoid common pitfalls.

👉 Ready to explore your options with an attorney? Request a consultation with Manifest Law and get the clarity you need to move forward.

Frequently asked questions

Is an E-3 visa better than an H-1B?

For most Australians, the E-3 is a better option because it has no lottery and allows your spouse to work immediately. It’s also cheaper and can be renewed an unlimited number of times.

Is an E-3 visa a Green Card?

No, an E-3 visa is a temporary work permit, not a Green Card. While it lets you potentially live in the U.S. for years, it does not automatically lead to permanent residency.

Can E-3 visa holders buy a house?

Yes, E-3 visa holders can legally buy property and qualify for a U.S. mortgage. You’ll generally need a Social Security number and a solid U.S. credit history to get a loan.

What are the salary requirements for an E-3 visa?

There’s no set minimum dollar amount, but your employer must pay you the prevailing wage for your specialty occupation. This is the average salary that other workers in your area earn for the same job.