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A close relative to the H-1B visa type is the E-3 non-immigrant visa classification, which has two threshold requirements:  Australian nationality; and an offer of specialty occupation employment from a US employer.  The E-3 visa petitioning employer must show that:

  • The E-3 visa beneficiary is a national of Australia;
  • The US employer has an offer of specialty occupation employment in the United States; and
  • The E-3 visa beneficiary possesses specialty occupation credentials.

 Consular Processing Option for E-3 Visas 

An important benefit in the E-3 visa process is that an E-3 visa applicant who is outside the United States may process his or her visa application at an overseas U.S. consular post. Unlike H-1B visas, an I-129 petition approval is not a prerequisite for an E-3 visa. 

As a result, E-3 visa applications processed abroad through US Embassies or Consulates offer U.S. employers the opportunity to bring their E-3 visa workers on-board relatively quickly. However, if the Australian national is already in the United States, the employer may choose to file an E-3 visa petition with USCIS. 

Granted in two year increments, the petitioning process requires the following:

  • A USDOL-certified Form ETA-9035, Labor Condition Application (LCA) for the prospective specialty occupation position.
  • Proof of Australian citizenship.
  • Statement from the U.S. employer describing the offered employment.
  • Evidence of Beneficiary's qualifying credentials.

 Contact the Paruthipattu Law Firm Today

The Firm regularly assists employers and US businesses with E-3 visas and helps them strategize and decide whether or not consular processing is a good option for obtaining an E-3 visa quickly.  It also assists his or her E-3 spouse with obtaining USCIS work authorization.  Children are eligible for E-3 visas as well, but not work authorization.