February 3, 2023

E-3 Visa: Specialty Occupation For Australia

The E-3 visa classification applies only to nationals of Australia. You must be coming to the United States solely to perform services in a specialty occupation. The specialty occupation requires theoretical and practical application of a body of highly specialized knowledge  and the attainment of a bachelor’s or higher degree in the specific field, or its equivalent, as a minimum for entry into the occupation in the United States. Contact usa e visa immigration lawyer in houston texas for more information!

Eligibility Requirements For EB3 Program

To qualify for an E-3 visa, you must prove, among other things, that you:

  • Are a national of Australia
  • Have a legitimate offer of employment in the United States
  • Possess the necessary academic or other qualifying credentials
  • Will fill a position that qualifies as a specialty occupation

Family of E-3 Non-immigrant Workers

An E-3 non-immigrant worker’s spouse and children under 21 years of age are entitled to dependent E-3 classification. Children of E-3 workers may not be employed in the United States. Your spouse is considered employment authorized incident to status. Spouse in this case is not required, but may choose to request an employment authorization document by filing Form I-765, petition for Employment Authorization, with fee, to obtain an Employment Authorization Document (Form I-766 EAD).  The Form I-766 EAD  is presented to employers as evidence of both identity and employment authorization acceptable under List “A” of the Employment Eligibility Verification form (Form I-9). 

The DHS is planning on modifying Forms I-94 that demonstrate non-immigrant status issued to E dependents, so that E dependent spouses can be distinguished from E dependent children on the face of the document. If these changes gets effect, the revised Form I-94 with a notation indicating that the bearer is an E dependent spouse will be acceptable as evidence of employment authorization under List C of Form I-9. For more information on the application procedures for obtaining an EAD, speak with inmigracion en houston tx for more detail.

Some E-3 dependent spouses qualify for the automatic extension of their existing Form I-766 EAD, if they meet these conditions:

  • They filed a renewal Form I-765, Application for Employment Authorization, based on the same E-3 non-immigrant status on time;
  • They have an unexpired Form I-94 showing their status as an E-2 non-immigrant.
  • The automatic EAD extension will continue until whichever comes first:

  1. The end date on the dependent spouse’s Form I-94 showing valid E-3 non-immigrant status, as applicable;
  2. The date we approve or deny their application to renew the EAD; or
  3. 180 days from the “Card Expires” date on the front of the EAD.
  4. Eligible E-3 dependent spouses may present the following evidence of the automatic EAD extension to employers for purposes of Form I-9, Employment Eligibility Verification:

Form I-94 indicating the unexpired E-1 non-immigrant status;

Form I-797C for a timely-filed EAD renewal application (Form I-765) stating “Class requested” as “(a)(17)”; and

The expired EAD issued under the same category.

How to Obtain An E-3 Visa

Australian citizens must meet the following eligibility requirements: 

  • There is a legitimate offer of employment in the U.S
  • The individual possesses at least a U.S. bachelor’s degree or its equivalent.
  • Will fill a specialty occupation that requires a specific skill set or specialized knowledge. Specialty occupations include; healthcare, biotechnology, human resources, education, engineering, computer sciences, medicine and more.
  • The U.S. employer must make attestations about the wage and working conditions in a Labor Condition Application (LCA), that is submitted to the U.S. Department of Labor (DOL). 
How Long Does An E-3 Visa Last?

Applicants have an initial stay of two years. They can then apply for extensions in two-year increments. As such, the total stay for an individual on the E-3 visa varies. If the temporary nature of the assignment changes, please speak with your attorney. Contact immigration law firms in houston texas for more guidance. 

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