E-3 Visa Lawyers
Experienced in E-3 Visas for Australian Professionals
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Who Is the E-3 Visa For?
The E-3 visa is a specialty occupation work visa available only to Australian citizens. It is designed for professionals who have a legitimate job offer from a U.S. employer in a role that requires at least a bachelor’s degree or equivalent. Employers use the E-3 to hire Australian talent in fields like technology, finance, healthcare, education, and engineering.
Benefits of the E-3 Visa
The E-3 visa offers Australians several advantages compared to other work visas:
No lottery: Unlike the H-1B, there’s no annual lottery. If you meet the requirements, you can apply year-round (subject to the annual 10,500 cap, which rarely fills).
2-year renewable periods: Granted in 2-year increments and can be renewed indefinitely, as long as you maintain eligibility.
Family benefits: Spouses and children under 21 can accompany you on E-3 dependent visas. Spouses are eligible for work authorization.
Lower costs: Government filing fees are generally lower than those of the H-1B.
Flexibility to change employers: You can change jobs if a new employer files a new E-3 petition and obtains a certified Labor Condition Application (LCA).
E-3 Visa Eligibility Requirements
To qualify for the E-3 visa, you must demonstrate:
Australian citizenship (passport required).
A legitimate U.S. job offer in a specialty occupation.
The role requires at least a bachelor’s degree or higher (or equivalent work experience).
The U.S. employer has obtained a Labor Condition Application (LCA) from the Department of Labor.
You possess the necessary degree or equivalent experience in the specialty field.
E-3 Visa Processing Time
Processing time depends on where you apply:
At a U.S. consulate abroad: Varies by consulate.
Change of status or extension within the U.S. (Form I-129): 2-4 months with standard processing, or 15 business days with premium processing.
E-3 Visa Filing Fees
E-3 visa filing and government fees may include:
DS-160 visa application fee: $315 (if applying at a U.S. consulate).
Form I-129 fee: $1,015 (or $510 if employer is a small business or nonprofit), if applying for change of status or extension inside the U.S.
Premium processing (optional): $2965 for a 15-day decision.
How Does the E-3 Application Process Work?
The E-3 visa process is relatively straightforward, but it does involve both you and your U.S. employer. Here are the key steps to know:
Receive a U.S. job offer in a specialty occupation: Before applying, you must first have a U.S. employer offering you a role that requires a bachelor’s degree or higher.
Labor Condition Application (LCA): Your employer files an LCA with the Department of Labor, confirming you’ll be paid fairly and that hiring you won’t disadvantage U.S. workers.
E-3 visa application: With the approved LCA, you apply for the E-3 visa at a U.S. consulate (Form DS-160) or your employer files Form I-129 if you’re already in the U.S.
Interview & approval: You attend a visa interview (if abroad), show your qualifications, and once approved, you can start work in the U.S.
Choosing an E-3 Visa Lawyer
What Matters When Choosing an E-3 Visa Lawyer?
The E-3 visa isn’t just paperwork; it requires proving that your role qualifies as a specialty occupation, that you meet the education requirements, and that your employer has secured a certified Labor Condition Application (LCA). That makes your choice of immigration lawyer critical.
Proven E-3 visa experience: Ask how many successful E-3 cases they’ve handled, especially for Australians in your profession.
Specialty occupation insight: The right lawyer knows how to demonstrate that your job qualifies under E-3 rules and how to frame your degree or experience as meeting U.S. standards.
Up-to-date strategy: E-3 adjudications can vary by consulate. You need a team that monitors trends across different posts and USCIS.
Clear communication: Transparent flat-fee billing, straightforward timelines, and direct access to your lawyer throughout the E-3 process.
Silver
Your experienced attorney files your case, with clear communication and transparency every step of the way.
What’s included:
E-3 filing
Live case tracking
2-chair legal review
Guaranteed timelines personalized to
your case*
*Prior results do not guarantee future outcomes.
Do I need an immigration lawyer for the E-3 visa?
You’re not legally required to have a lawyer, but working with an immigration law firm can speed up the process and help you avoid costly mistakes. E-3 cases require proving that the role is a specialty occupation, ensuring the Labor Condition Application (LCA) is filed correctly, and presenting your degree or experience clearly. An experienced attorney helps avoid delays, Requests for Evidence (RFEs), or denials.
Who can apply for the E-3 visa?
The E-3 visa is available only to Australian citizens who have a legitimate job offer in the U.S. in a specialty occupation (a role that requires at least a bachelor’s degree or equivalent experience).
Can my family come with me on the E-3 visa?
Yes. As an E-3 visa holder, your spouse and unmarried children under 21 can apply for E-3 dependent visas (E-3D). Spouses are also eligible for work authorization (EAD), while children can attend school in the U.S. but cannot work.
What Is the Labor Condition Application (LCA) for the E-3 Visa?
Before an E-3 visa can be issued, your U.S. employer must file a Labor Condition Application (LCA) with the Department of Labor. The LCA is not the same as a Green Card labor certification (PERM). It’s much faster and focuses only on a few key assurances: - You’ll be paid the prevailing wage for your role and location. - Hiring you will not hurt U.S. workers in similar positions. - Your job is a legitimate specialty occupation requiring a degree. Once the LCA is certified, you (the applicant) use it to apply for the E-3 visa at a U.S. consulate (via DS-160) or your employer uses it to file Form I-129 if you’re already in the U.S.
Does the E-3 visa lead to a Green Card?
The E-3 visa is a temporary, nonimmigrant visa and does not have dual intent like the H-1B. This means applying for a Green Card while on E-3 can be more complex. However, an experienced immigration attorney can advise you on the right path towards permanent residency. Request a consultation with our E-3 visa lawyers to discuss your unique situation.
What’s the difference between the E-3 visa and the H-1B visa?
Both the E-3 and H-1B are U.S. visas for specialty occupation professionals, but there are key differences: - Who can apply: The H-1B is open to all nationalities, while the E-3 is only for Australian citizens. - Lottery vs. no lottery: The H-1B is capped at 85,000 visas per year and requires winning a lottery. The E-3 is capped at 10,500 per year, but the cap has rarely been reached — so no lottery stress. - Duration: H-1B visas are valid for up to 6 years. E-3 visas are granted in 2-year increments but can be renewed indefinitely. - Cost: Filing fees for the E-3 are generally much lower than the H-1B. - Green card path: The H-1B allows dual intent, making Green Card applications simpler. The E-3 does not formally allow dual intent, so planning a Green Card strategy takes extra care.
