The E3 Visa

For Employers §

Hi! If you’re a US employer reading this and you have no idea what an E3 Visa is but some Australian mentioned it in conversation here’s you’re TLDR:

• For all intents and purposes it is the best visa that exists for working in the US.
• It’s a special visa category ONLY available for Australians as part of the 2005 Australia-United States Free Trade Agreement (AUSFTA) (and a low-key a thank you for helping out in Afghanistan & Iraq).
• It gives full working rights to the recipient AND their spouse.
• It is of practically NO COST to the employer. All you have to do provide a job offer to the employee and then file a Labor Condition Application (LCA) through DOL’s iCERT portal (which is free).
• The turnaround time from job offer to visa in hand is 3-6 weeks depending on when the employee can get a visa interview (visa received ~1 week after this).
• It is a 2 year perpetually renewing visa.
• The recipient can find a different job and has to update their visa.
• If the recipient loses their job they have 60 days to find a new job.

For Employees §

If you’re an Australian citizen and you want to work in the US as a software engineer or in some other technical field, here are the steps to get an E3 visa.

Step Zero: §

• Be an Australian citizen.
• Have a higher education degree in a field somewhat related to your specialty occupation or relevant work experience if you don’t (its probably fine if your degree is unrelated but you’ll have to justify it in the visa interview).
• Find a US-based employer who is willing to hire you.

Next Steps §

1. Accept Job Offer
   • Ensure the offer letter explicitly states:
     • Position title and detailed job description
     • Required qualifications (bachelor’s degree or equivalent)
     • Salary details
     • Start date
     • Full-time status
   • The role must qualify as a “specialty occupation” (software engineering automatically qualifies)
2. Work with Employer on LCA
   • Employer must file Labor Condition Application (LCA) through DOL’s iCERT portal
   • Takes about 7 days to process
   • No cost to file
   • Employer must post notice of LCA filing at workplace for 10 business days
   • Employer must pay prevailing wage or higher (they can check this on DOL website)
3. While LCA is Processing
   • Complete DS-160 form online ($205 USD fee)
   • Gather required documents:
     • Valid Australian passport
     • Degree certificates and transcripts
     • Detailed resume
     • Job offer letter
     • Recent 2x2 inch photo
     • Pay stubs or employment letter from current job (helpful but not required)
4. After LCA Approval
   • Schedule visa interview at U.S. consulate (preferably in Australia)
   • Current wait times vary by location - check embassy website
   • You can apply at any U.S. consulate worldwide if needed
5. Interview Preparation
   • Be ready to explain:
     • Your role and responsibilities
     • Your qualifications
     • Your employer’s business
     • Your intent to eventually return to Australia (while being honest about possibly staying long-term)

Timing and Planning §

Pre-Arrival

• Whole process typically takes 3-6 weeks from job offer to visa in hand
• You can enter U.S. up to 10 days before job start date
• Initial visa valid for 2 years
• If bringing family, they can apply for E3D visas simultaneously

After Arrival

• Start work as planned
• If bringing spouse, they can apply for work authorization (EAD) -> can take 3-5 months
• Get Social Security number
• Set up bank accounts, etc.

Important Notes §

• Annual quota of 10,500 visas available, practically never reached
• 60-day grace period if you lose your job
• Visa can be renewed indefinitely
• Can change employers (requires new LCA and either visa application or status update)
• Remote work is allowed but employer must have U.S. physical presence

How E3 differs from H1-B §

For H1B:

• Employer must file a detailed petition with USCIS
• Filing fees are $1,500-$4,000+ (versus just $205 for E3)
• Usually requires immigration lawyer assistance ($2,000-$5,000+)
• Must enter annual lottery system (only ~30% chance of selection)
• Takes months to process
• Has strict annual caps

In contrast, E3 “sponsorship” only requires:

• Employer filing free LCA form
• Providing job offer letter
• Paying prevailing wage
• No lawyer needed
• No petition to USCIS
• No lottery
• Much faster process

Key takeaway: It’s so much less hassle to hire someone on an E3 Visa!