Australians in Specialty Occupations (E-3) Visas

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Visas for Australians in certain Specialty Occupations.

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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