Publications

May 2005

AUSTRALIAN NATIONALS - U.S. WORKING VISAS

An E-3 treaty professional visa has been enacted to benefit Australian nationals who enter the U.S. temporarily to work in a specialty occupation. To be eligible, the Australian national must intend to work for a U.S. employer in a field requiring a theoretical and/or practical application of specialized knowledge, and who has attained a bachelor’s degree or equivalent work experience in the specialty field. Such a specialty field would include architects, accountants, engineers, physicians, lawyers, but this is not an exclusive list.

The professional (E-3) would be able to bring his/her spouse and minor children, and the spouses would be able to apply for authorization to work.

The professional and their dependants would be admitted for 2 years and 2 year renewals may be granted indefinitely.

The E-3 category would be available to an Australian who is already in the U.S., who may change status here, or if abroad, the Australian could apply at any U.S. Consulate.

The U.S. employer would be required to make a Labor Condition Application to certify that the Australian applicant will be paid the prevailing wage. Proof of the U.S. job offer, and proof the applicant qualifies by education and/or for job experience for the specialty occupation would need to be documented.

There is an annual numerical limit of 10,500 for the E-3 category. The numerical limit applies only to the principal applicant. Spouses and minor children are not counted as part of the numerical limitation.

The E-3 visa would not preclude an Australian from applying for any other category such as for permanent residence. Additionally any Australian such as an H-1B or E-1 or E-2 visa holder may apply for the E-3 category.

Our assistance is only a phone call, or e-mail communication away!

New York Immigration Lawyers > Immigration Publications > May 2005