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Let our immigration lawyers help you get your E-3 Visa!

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The E3 Visa

The E3 visa is available to Australian nationals wo wish to come to the Unites States to perform work in a specialty occupation.  A specialty occupation is work that requires a theoretical and practical application of a body of highly specialized knowledge and also requires a bachelor’s or higher degree in the specific specialty or its equivalent..

Qualifications

To qualify for an E3 visa, an applicant must meet the following requirements:

  • Must be a national of Australia;
  • Must have a legitimate offer of employment in the United States;
  • Must have the necessary academic or other qualifying credentials;
  • Must fill a position that qualifies as a specialty occupation.

How to Apply for an E3 Visa

If you meet the requirements for an E3 visa, here are the steps you need to complete for approval:

  • Fill out a Form G-28.  This form entitles your attorney or accredited representative to act on your behalf,
  • Passport,
  • Documentation that you are eligible to apply for a visa,
  • Information about the business you intend to work with or for (name, location, type of business, business owner, etc.),
  • U.S. Company Support Statement.  This document is supplied by the U.S. employer and explains why your services are necessary for the business,
  • Evidence that you plan to leave the United States after your E3 visa expires or is terminated.
  • If you are already in the United States, you need to fill out a Form I-129, which is used to apply for a change of immigration status.  A Labor Condition Application is also required.

If you are outside the United States, you should apply for your visa at a consulate or embassy.  It is recommended to work with a qualified immigration attorney to ensure your documents are filed correctly and expeditiously.

Additional Information

An E3 visa comes with certain benefits, including:

  • You can work legally in the United States,
  • You can freely travel in the United States,
  • The visa can be renewed indefinitely in two-year increments,
  • Your immediate family (spouse and/or unmarried children under 21 years of age) can also qualify for an E3 visa.  While in the United States, your children can go to school and your spouse can apply for an EAD, employment authorization document, giving them permission to work legally in the United States.
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