Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. Treaty Trader (E-1), Treaty Investor (E-2), and Australian in Specialty Occupation (E-3) visas are for citizens of countries with which the United States maintains treaties of commerce and navigation.
You must be coming to the United States to:
engage in substantial trade, including trade in services or technology, in qualifying activities, principally between the United States and the treaty country;
develop and direct the operations of an enterprise in which you have invested a substantial amount of capital; or
be a national of Australia working solely in a specialty occupation.
For more information on business investment in the United States, see the U.S. Department of Commerce website SelectUSA.
TO QUALIFY FOR AN AUSTRALIAN IN SPECIALTY OCCUPATION (E-3) VISA
You must have an approved Labor Condition Application (LCA) issued by the Department of Labor (DOL).
You must demonstrate that the prospective employment meets the standard of being a “specialty occupation employment.”
In determining whether an occupation qualifies as a “specialty occupation,” follow the definition contained in the Immigration and Nationality Act (INA) 214 (i)(1) for H-1B nonimmigrants and applicable standards and criteria determined by the Department of Homeland Security (DHS) and the United States Citizenship and Immigration Service (USCIS).
You must demonstrate that the necessary academic qualifications for the job have been met.
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