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E-3 Visa

E-3 Visa | Certain Specialty Occupation Professionals from Australia

Serving San Antonio, Austin and McAllen, Texas

What is an E-3 Visa?

An E-3 visa is a specialized U.S. entry document that is available only to certain Australian nationals. It permits “specialized professionals” who hail from Australia to work in positions that demand their expertise. In general, these positions must require the completion of a bachelor’s degree or equivalent credential. Unlike E-1 and E-2 visas, E-3 visas require work authorization. This gives E-3 visa holders more flexibility to choose their American employers and transfer between jobs without reclassifying their visa status. Certain family members of “primary” E-3 visa holders, including spouses and children, may also obtain these credentials. Contact an E-3 visa attorney for advice on obtaining an E-3 visa for an Australian native.

Benefits/Uses

The E-3 visa confers several important benefits on its holders. First, these visas last for five years and may be renewed for indefinite two-year “extension” terms. Secondly, they treat the spouses and children of their holders with some leniency. Provided that they secure their own work authorizations from the Department of Labor, E-3 visa holders’ spouses may work in the United States on an unrestricted basis. In other words, they do not need to work in a “specialty occupation.” Likewise, E-3 visa holders’ minor children may remain in the United States for as long as their parents do.

Requirements/Qualifications

The E-3 visa comes with several notable requirements. Although these are not difficult to follow, they can lengthen the process of applying for one of these visas. First, prospective E-3 visa holders must demonstrate the educational and professional credentials described above. Secondly, each applicant must obtain a work authorization from the Department of Labor. This is known as a Labor Condition Authorization. Further, the applicant must prove that he or she will work in one of the “specialty occupations” defined in the guidelines for the H-1B visa. For a full explanation of the requirements for this type of visa, talk to an E-3 visa attorney.

Limitations/Disadvantages

Unlike the E-1 and E-2 visa, the E-3 visa is subject to a strict quota. No more than 10,500 Australians may apply for this type of entry credential during a given calendar year. As such, it is possible that “late” applicants may be placed on a waiting list for a period of time. In addition, E-3 visa holders’ children may not be able to remain in the United States after reaching the age of majority. If such children wish to remain in the country, they may need to apply for student visas, work authorizations, permanent residency or citizenship.

How We Can Help

The E-3 visa lawyers at the Gutierrez Law Firm are well-versed in the peculiarities of the E-3 visa application process. We strive to make each of our Australian clients as comfortable and confident as possible during his or her transition to life in the United States.

To learn more about applying for an E-3 visa, contact one of the Gutierrez Law Firm’s E-3 visa lawyers today at 210.225.7114.