Hiring An E3 Employee

The E-3 classification is available to nationals of Australia seeking to enter the U.S. to perform services in a specialty occupation. Like the H1B, specialty occupation requires theoretical and practical application of a body of highly specialized knowledge and the attainment of a bachelor's or higher degree in the specific specialty, or its equivalent, as a minimum for entry into the occupation in the United States. As with the H1B, the employer must file a Labor Condition Application with the Department of Labor and pay the worker the prevailing wage.

To qualify for an E-3 visa, you must:
· Be a national of Australia
· Have a valid offer of employment in the United States
· Possess the necessary academic or other qualifying credentials
· Will fill a position that qualifies as a specialty occupation

The E3 visa application may be processed at a U.S. consulate or embassy and does not require filing with the USCIS. The applicant must satisfy the consular officer that the nature of the stay in the U.S. is temporary nature.

If the Beneficiary is in the United States, the E-3 petition is filed with the USCIS. Extensions may be filed in the U.S., and extensions are granted in increments of 2 years and these may be granted indefinitely. Spouses and unmarried children under 21 years of age are entitled to dependent E-3 classification. Spouses are considered employment authorized incident to status, and children of E-3 workers may attend school but may NOT engage in employment.

For more information, please contact TAMUCC Immigration Services at immigration@tamu.edu or 979-862-1719.