E-3 Professional Workers

An E-3 allows Australian citizens to come to the United States to work in a "specialty occupation" for a designated employer. A "specialty occupation" is defined as an occupation which requires at least a bachelor's degree in a specific field. An E-3 can be granted for an initial two-year period and can be renewed for additional two-year intervals indefinitely provided the employee in E-3 status is able to demonstrate that he/she does not intend to remain or work in the U.S. permanently.

E-3 visas are limited to 10,500 per year.

E-3 visas can be obtained at a U.S. consulate located outside of the United States. If you are already in the U.S. in another nonimmigrant status you may be able to apply for a change of status to E-3. You should apply for an E-3 visa at the U.S. consulate or embassy with jurisdiction over your place of residence. You must include the following documents with your application for an E-3 visa:

  • An original or photocopy of a certified Labor Condition Application (LCA): This will be provided to you by the Department of Immigration Services after it has been certified by the Department of Labor.
  • A letter offering you employment from your department at OHSU
  • A letter from the Department of Immigration Services: This letter will document that you will be engaged in qualifying work in a specialty occupation and that you will be paid the actual or prevailing wage.
  • Certified copies of your degrees
  • A Credentials Evaluation: If you have foreign degrees (not a U.S. or Australian degree) they must be evaluated by a credentials evaluation service to determine that they are equivalent to the required U.S. degree.
  • Evidence that your stay in the U.S. will be temporary: You must prove to the visa officer that you have a residence abroad and intend to depart the U.S. upon termination of your E-3 status. This can be proved by showing ties to your home country. The following types of evidence can be used in showing ties: you own a home, property or business in your home country; a company in your home country will give you a job when you return; or evidence that you have the skills necessary to succeed in the fields that are in demand in your home country.
  • A certified copy of any required license or other official permission to practice the occupation in the state of employment, if necessary
  • A valid passport
  • Form DS-160 (Nonimmigrant Visa Application Form)
  • Photograph: Must meet Department of State's requirements
  • Machine Readable Visa (MRV) surcharge fee
  • Visa Reciprocity Fee (if applicable)

The U.S. Embassy site will provide you with information on applying for a visa at U.S. consulates located around the world. You will want to be familiar with the rules and procedures of issuing visas before you apply for yours. Since visa procedures vary depending on what consulate you go to it is recommended that you check the site for the procedures at the U.S. consulate you plan on going to.

When you arrive at the U.S. port of entry you must present the documents listed below to the immigration official:

  • A valid passport
  • A valid E-3 visa
  • E-3 application: The immigration official may want to see documents from the E-3 application you submitted to the U.S. consulate for your E-3 visa (i.e. employment letters, degrees, LCA, etc.)
  • Form I-94: The immigration official will stamp your passport with your date of entry and status. You will then be able to go to the I-94 website to print your arrival/departure record with your status information and expiration date. If you come via a land port-of-entry crossing you will still receive a paper-based I-94 which will have your status and expiration date. The Form I-94/entry stamp should be marked E-3 and have a period of validity the same as the expiration date on your LCA. If you notice that the I-94 or entry stamp is incorrect, ask the immigration officer at the border to correct it. If you notice the mistake after you have gone through immigration, contact the Department of Immigration Services at OHSU so we can help you get it corrected.

U.S. law requires that you carry your immigration paperwork on you at all times. It is highly recommended that you carry the following documents with you when you travel domestically or internationally:

  • Your passport
  • A valid visa
  • A full copy of your E-3 application that was submitted to the U.S. consulate at the time of your visa application
  • Your I-94 admission record (if reentering the United States from a trip abroad you will receive a new I-94 admission record, unless you are reentering from Canada or Mexico after a trip of less than 30 days)

Spouses or unmarried children (under the age of 21) may accompany you to the United States or join you at a later date in the United States. Dependent family members will also be given E-3 status. Nonimmigrants in E-3 dependent status may apply for work authorization from U.S. Citizenship and Immigration Services (USCIS) after arriving in the United States. For more information on applying for work authorization as an E-3 dependent please visit the USCIS website or contact the Department of Immigration Services.

  • A dependent of an E-3 will need the following documents to apply for an E-3 visa:
  • A copy of your passport and E-3 visa
  • A complete copy of the E-3 application that was submitted to the U.S. consulate for the E-3 visa
  • A copy of your I-94 Admission Record (if you are currently in the U.S.)
  • A letter from the Department of Immigration Services verifying your status (if you are currently in the U.S.)
  • Evidence of financial support to meet expenses (i.e. letter from OHSU verifying salary, bank statements, etc.)
  • Marriage Certificate or Birth Certificate
  • A valid passport
  • Photograph: Must meet Department of State's requirements
  • Machine Readable Visa (MRV) surcharge fee
  • Visa Reciprocity Fee (if applicable)

The U.S. Embassy website will provide you will information on applying for a visa at U.S. consulates located around the world. You will want to be familiar with the rules and procedures of issuing visas before you apply for yours. Since visa procedures vary depending on what consulate you go to it is recommended that you check the site for the procedures at the U.S. consulate you plan on going to.

Disclaimer: The information provided on this website is not legal advice. It is your responsibility to know and abide by the immigration regulations that apply to you.