Understanding the E3 Visa: A Guide for U.S. Employers

Australia, it’s not just beaches, kangaroos, and flat whites. It’s also a country full of skilled professionals who are surprisingly easy for United States companies to hire. Unlike many other visas (including the H1B), the E3 offers unlimited renewals. This allows U.S.-based employers to build long-lasting relationships with their Australian hires who relocate to the country. HR teams also enjoy shorter visa processing times and reduced costs, and that’s not even all the benefits.

So, who is eligible for an E3 visa?

The E3 visa is available exclusively to Australian nationals with a bachelor’s degree or equivalent work experience who have a job offer in the U.S. in a specialty occupation that pays at or above the standard wage for that position.

The E3 visa also covers the holder’s spouse and children under 21. The spouse and children do not have to be Australian citizens.

Benefits of the E3 visa

The E3 visa offers U.S. businesses and Australian employees many benefits, such as minimal application costs, faster processing time, unlimited renewals, and simplified transitions between employers.

Benefits for U.S. employers

• No lottery. Unlike other U.S. work visas, the E3 visa program is not restricted by an annual lottery, making it a viable option for employers year-round.
• Large quota. While the U.S. limits the number of E3 visas, it grants up to 10,500 annually, they generally only reach 50% of this quota each year, meaning that all eligible applicants receive approval.
• Direct application. Unlike with the H1B visa, E3 visa applicants do not have to file an I-129 petition with the United States Citizenship and Immigration Services (USCIS) before applying.
• Low costs. The application cost for an E3 visa is minimal, particularly if a candidate submits their application directly through a U.S. Consulate, which costs US$315.
• Fast processing time. The E3 visa application process is relatively quick, often taking four to six weeks or 15 days via premium processing, offering a faster, more efficient route to securing top Australian talent.
• Unlimited renewals. The E3 visa features unlimited renewals, offering employers stability and longevity in their hires.
• Easy transitions between employers. Australian employees already residing in the U.S. on the E3 visa can switch employers while remaining in the country, further simplifying the process of hiring top Australian talent.

For Australian employees

• Spouse and children inclusion. The E3 visa’s most notable benefit to Australian employees is that spouses and children may join them, and spouses may work unrestricted in the U.S.
• Low costs. E3 visa application fees total US$315, whereas the H1B visa costs over US$1,000.
• Higher chances of visa approval. Most eligible applicants receive approval because the USCIS rarely meets the annual quota of 10,500 visas.
• Direct application. Candidates may submit their visa application directly to a U.S. Consulate without first submitting an I-129 petition to the USCIS.
• Fast processing time. Candidates receive a visa decision within five to seven days of submitting their application.
• Easy transitions between employers. E3 visa holders already residing and working in the U.S. enjoy a simplified process for switching between employers while remaining in the country.
• Termination grace period. Whether an employee voluntarily or involuntarily terminates their employment, they enjoy a 60-day grace period to find a new employer or change their status to visitor.

E3 visa required documents

The E3 visa offers a simplified application procedure. However, candidates must still prepare several critical documents before they apply, including their job offer, Form ETA 9035, and academic credentials.

For U.S. employers

• Copy of Form ETA 9035. This form proves that the employer has LCA certification, indicating they could not find a suitable U.S. citizen for the position. It also confirms that the foreign national will receive a fair salary in the U.S. Employers must provide a copy of Form ETA 9035 to their employee to include with their visa application.
• Proof of the employee’s qualifications. This refers to either the employee’s bachelor’s diploma or documents confirming equivalent experience.
• Copy of the job offer. The offer must demonstrate that the employee’s position is in a specialty occupation.
• Copy of the original job posting. Employers must provide a copy of the initial job post listing the job description and responsibilities.

For Australian employees

• Application confirmation. At the interview, applicants must provide the confirmation page they receive after completing the online application form DS-160.
• Visa appointment letter. This document should confirm the date and time of the applicant’s visa appointment.
• Valid passport. The applicant’s passport must be valid for at least six months beyond their intended stay in the U.S. and include at least one blank page.
• Color photograph. Applicants must provide a physical 2 x 2 in. (5 x 5 cm) photograph taken within the last six months and a digital copy uploaded with the DS-160 application.
• Previously issued U.S. visas. This includes copies of and details from any of the applicant’s previously issued U.S. visas.
• Job offer. Applicants must provide the job offer from the employer confirming their qualifying position in a specialty occupation at the prevailing wage.
• Academic or qualifying credentials. Applicants must provide a certified copy of their degree or evidence of equivalent education and experience, such as licenses or letters from previous employers.

E3 visa application process

To apply for an E3 visa, the employer must first acquire LCA approval. After receiving LCA approval, the employee may collect all required documents and schedule a visa appointment with a local U.S. Consulate in their country of residence.

Below we outline each of the E3 visa application steps in detail.

Application steps for U.S. employers

1. File for a Labor Condition Application (LCA)

The U.S.-based employer must file Form ETA 9035 with the U.S. Department of Labor to acquire LCA approval for hiring an Australian national.

Filing for an LCA is free and takes 5 to 10 business days to process. If the DOJ rejects the application, the employer may appeal and amend the application.

Application steps for Australian employees

1. Complete Form DS-160

Upon receiving the LCA, the employee may complete the nonimmigrant visa application by filling out Form DS-160 online. If applying from within the U.S., they must first submit Form I-129 to the USCIS.

2. Pay the visa fee

Pay the E3 visa application fee of US$315 via the department’s online portal. Applicants must keep their receipts and bring them to their visa interview.

3. Schedule a visa interview

The applicant may then schedule a visa interview with a U.S. Consulate in the country where they reside, either online or through the department’s website or call center. After scheduling an interview, the applicant will receive a visa appointment letter which they must keep and bring to the interview.

4. Collect the required documents

Collect all of the required documents for the interview, including those in this list mentioned above.

5. Attend the visa interview

Attend the scheduled interview with a consulate official to answer several questions about the intended trip to the U.S.

6. Collect the visa

After completing the visa interview, it takes about three to five days for the consulate to make a decision. Once approved, the applicant must return to the consulate to collect their passport with the visa stamped inside.

E3 visa FAQs

Is an E3 visa better than an H1B visa?

The E3 visa is exclusively available to Australian nationals and offers significant advantages over the H1B visa regarding application cost, processing time, renewals, and dependent inclusion. It’s also a strong H1B visa alternative for qualified Australian professionals seeking to work in the U.S.

The application fee for the E3 visa is US$315, compared to the H1B visa cost of US$1,055. The E3 visa also includes the holder’s spouse and children and permits the spouse to legally work in the U.S. without further application processes.

Because the department usually does not reach the annual E3 visa quota each year, most eligible visa applicants receive approval.

Additionally, E3 visa holders enjoy unlimited visa renewals, whereas H1B visa holders must leave the U.S. after residing and working there for six years. E3 visa applicants also do not have to file an I-129 petition with the USCIS before applying.

Can an E3 visa lead to a green card?

The E3 visa does not lead to a green card and does not tolerate immigration intent, meaning that individuals may not apply for this visa with the intention of immigrating to the U.S.

However, E3 visa holders may apply for a green card after residing and working in the U.S. for several months by applying for an adjustment of status with the USCIS.

How long is an E3 visa valid for?

E3 visas are valid for two years and are eligible for unlimited renewals.

Easily hire top talent from Australia with an EOR

While the E3 makes it relatively easy to get talent from Australia working in the U.S., we live in a remote world; you don’t want to lose access to the best (insert job here) you’ve ever seen just because they don’t want to move literally across the world.

So what are your options? You could set up a separate legal entity in Australia and hire them there (making sure to learn all corresponding laws and regulations and taking loads of time and money)...

Or you could partner with Pebl.

With our Employer of Record services, we operate as the legal entity in Australia, letting you hire Australian talent easily, quickly, and compliantly.

If you want to expand globally to 185+ countries worldwide, contact us.

This information does not, and is not intended to, constitute legal or tax advice and is for general informational purposes only. The intent of this document is solely to provide general and preliminary information for private use. Do not rely on it as an alternative to legal, financial, taxation, or accountancy advice from an appropriately qualified professional. The content in this guide is provided “as is,” and no representations are made that the content is error-free.

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