State Department Issues E-3 Regulations
September 06, 2005
On September 2, 2005, the United States Department of State posted final regulations for the E-3 visa category. Accordingly, the State Department and USCIS can now start issuing E-3 visas.
A provision in the Tsunami Relief Act, signed by President Bush on May 11, 2005, provides for 10,500 E-3 visas for citizens of Australia. In order to qualify for an E-3 visa, an applicant must demonstrate that he/she is coming to the United States to work in a "specialty occupation" and that he/she possesses the educational requirements for the position. The concept of "specialty occupation" is the same requirement for H-1B visas.
An Australian citizen can apply for E-3 visa at an American Embassy or Consulate abroad. When applying at an Embassy or Consulate no formal application is required. Rather, the applicant must submit an original or copy of an LCA (also used for H-1B visas), an offer letter from an employer demonstrating that the intended position constitutes a "specialty occupation," and proof that the person has the proper educational background for the position. It is not necessary for the individual to have a license to perform the work in the United States.
E-3 visas will be issued in increments of one year and can be extended indefinitely. The spouse of an E-3 visa holder can obtain employment authorization in the United States. An E-3 visa holder must demonstrate that he/she intends to leave the United States at the conclusion of E-3 visa status.
Please contact our office if you would like more information regarding the E-3 visa.
