The E-3 visa allows a maximum of 10,600 Australian citizens per year to work for certain positions under the AUSFTA (Australia- United States Free Trade Agreement).
A lot of the criteria to be eligible for the E-3 visa are similar to H-1B. The only difference is that the E-3 visa is for Australian nonimmigrants only so it is less competitive than the H-1B application process.
What is more, while H-1B can be renewed only once, there’s no limit on the number of times that E-3 visa holders can extend their stays as long as they meet the eligibility.
In other words, E-3 grantees can start working for a maximum of 2 years, and “extensions of stay can be granted indefinitely in increments up to 2 years” (based on the E-3 labor attestation; scroll down to learn more about the labor attestation).
Also, if eligible, spouses of E-3 visa holders can apply for an Employment Authorization Document (EAD) to work in the United States. To learn more about completing the I-765, Application for Employment Authorization, check out the following post:
Related blog post: How to file Form I-765 online for OPT, STEM OPT
Contents
Eligibility requirements
According to the USCIS manual, Australian citizens who would like to apply for the E-3 visa must…
- Be a national of the Commonwealth of Australia coming to the U.S.
- Be employed in a “specialty occupation” in the U.S.
- A specialty occupation is an occupation that requires the theoretical and practical application of a body of highly specialized knowledge; AND
- requires the attainment of a bachelor’s or higher degree in the specific specialty as a minimum for entry into the occupation.
- Have obtained a U.S. bachelor’s or higher degree in a specific specialty
- Meet any other occupational requirements such as a licensure, or certificate that is required to practice in the occupation
F-1 to E-3 pathway in the United States
If you are already participating in OPT or STEM OPT, start the conversation with your employer and let them know that you may be able to continue the employment through the E-3 category upon approval.
It is important to work with your employer because “employers must submit a Labor Condition Application (Form ETA-9035/ 9035E) to the Department of Labor electronically through the FLAG system attesting to compliance with the requirements of the H-1B, H-1B1 or E-3 program.”
To learn more about the LCA (Labor Condition Application), click here to go to the Labor Condition Application webpage by the Department of Labor. According to the official web page, it says it will take usually 7 days to approve or reject the labor condition application (LCA).
Upon LCA approval, submit…
- Form I-129 and pay the filing fee (Click the link to confirm the filing fee from the USCIS webpage)
- As of April 2024, the paper filing fee is $1,105 plus additional fees,
- small employers or nonprofits are eligible to pay $510 plus additional fees
- Copy of the E-3 Labor Condition Application (LCA) certified by DOL
- Proof of Australian nationality
- A letter from the employer that includes your
- occupation
- anticipated length of stay (make sure to highlight that the stay will be “temporary”)
- salary/remuneration arrangement
- position qualifies as a “specialty occupation” Employment
- Evidence that the E-3 petitioner meets the educational requirements
- degree certificate
- Evidence that the individual meets any licensing or other occupational requirements
Unlike STEM OPT which allows OPT students to continue employment even after the OPT end date as long as they filed the STEM OPT in a timely manner, E-3 applicants cannot begin employment until USCIS approves the change of status.
Therefore, it will be the best practice for F-1 students to communicate with employers to avoid a gap between the OPT/STEM OPT end date and the E-3 visa start date.
Also, it is worth noting that if an E-3 beneficiary would like to change the employer, they must go through the E-3 application process again and wait until USCIS approves the E-3 petition before starting work.
If you have a tight schedule, consider filing the premium processing. You can find more information regarding the premium processing below:
Related blog post: Is (OPT, STEM OPT) premium processing for you?
F-1 to E-3 pathway outside the United States
Any current/previous international students who left the United States must receive the E-3 visa before re-entering the United States. Since you are not changing your nonimmigrant visa status, completing Form I-129 is not necessary.
Here’s the list of required documents to apply for the E-3 visa:
- Copy of the E-3 Labor Condition Application (LCA) certified by DOL
- Documentation showing eligibility for employment in a specialty occupation
- Bachelor’s degree or a higher degree
- License or any certificate if the position requires
- A letter from the employer that includes your…
- occupation
- anticipated length of stay (make sure to highlight that the stay will be “temporary”)
- salary/remuneration arrangement
- position qualifies as a “specialty occupation” employment
- Receipt of the visa fee payment (as of April 2024, it is $315. Please go to Travel.State.Gov to confirm the visa application processing fee)
Hope this helps international students from Australia to make a better plan for their pathways from an F-1 visa to an E-3 visa!
