E-3 Specialty Occupation Workers from Australia
The E-3 classification applies only to nationals of Australia. You must be coming to the United States solely to perform services in a specialty occupation. The 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.
To qualify for an E-3 visa, you must demonstrate, among other things, that you:
- Are a national of Australia
- Have a legitimate 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 Form I-129, Petition for Nonimmigrant Worker, is used to apply for a change of status to or an extension of stay in the E-3 nonimmigrant temporary worker classification.
Supporting Documents
Your Form I-129 should include the following documents:
- A Labor Condition Application (LCA) that indicates that it has been filed to support an E-3 classification
- Academic or other credentials demonstrating qualifications for the position
- Job offer letter or other documentation from the employer establishing that you will be engaged in a specialty occupation and that you will be paid the higher of the actual or prevailing wage
- If required, before you may commence employment in the specialty occupation, you must have the necessary license or other official permission to practice in the specialty occupation
| Initial Period of Stay | Extension of Stay |
|---|---|
| 2 years | Up to 2 years per extension; no maximum number of extensions, with some exceptions. |
To change employers while remaining in the United States your new employer must obtain a certified Labor Condition Application for the position in which you will be employed and properly file a Form I-129 petition. The Form I-129 petition must be approved before you are authorized to work for the new employer. USCIS may consider you to be maintaining E-3 status, following cessation of employment, for up to 60 days during the period of petition validity (or other authorized validity period).
Note: Form I-129 is also used to apply for an extension of stay or change of employment with the same employer.
An E-3 nonimmigrant worker’s spouse and unmarried children under 21 years of age are entitled to dependent E-3 classification. Children of E-3 workers may not be employed in the United States.
Spouses of E-3 workers in valid E-3 or E-3S status are considered employment authorized incident to status.
DHS-issued evidence of such employment authorization, particularly that may be presented to employers for completion of Form I-9, Employment Eligibility Verification, include:
- An unexpired Form I-94 with a notation reflecting E-3S nonimmigrant status. As of Jan. 30, 2022, USCIS and CBP began issuing Forms I-94 with a new admission code for spouses of E-3 workers: E-3S. An unexpired Form I-94 reflecting this new code is acceptable as evidence of employment authorization under List C of Form I-9;
- An unexpired Form I-94 with a notation reflecting E-3, E-3D, or E-3R nonimmigrant status, presented together with a notice from USCIS regarding the new admission code. USCIS will send E spouses with a Form I-94 issued by USCIS before Jan. 30, 2022, that was notated with E-3, E-3D, or E-3R nonimmigrant status, a notice regarding the new admission code that, together with an unexpired Form I-94 reflecting E-3, E-3D, or E-3R nonimmigrant status, serves as evidence of employment authorization for such spouses under List C of Form I-9. For more information, see this web alert;
- An unexpired Employment Authorization Document (EAD). Spouses of E-3 workers are not required to request employment authorization by filing Form I-765, Application for Employment Authorization, but may still file Form I-765, with fee, in order to obtain an Employment Authorization Document (Form I-766 or EAD). EADs are acceptable evidence of both identity and employment authorization under List A of Form I-9; or
- A facially expired EAD with additional documentation to show the EAD is automatically extended (as discussed below).
Certain E spouses qualify for the automatic extension of their existing Form I-766 EADs if they meet the following conditions:
- They timely and properly filed a renewal Form I-765, Application for Employment Authorization, based on the same E nonimmigrant status; and
- They have an unexpired Form I-94 showing their status as an E-3, E-3D, E-3R, or E-3S nonimmigrant.
Normally, DHS regulations provide for an automatic extension period of up to 180 days from the expiration date stated on the EAD. In May 2022, DHS published a temporary final rule creating 8 CFR 274.13(d)(5), temporarily increasing the automatic extension period to up to 540 days. The increased automatic extension period under 8 CFR 274a.13(d)(5) was available to eligible renewal applicants who had a timely and properly filed EAD renewal application pending during the approximately 18-month period beginning May 4, 2022, and ending on Oct. 26, 2023. Increased automatic extensions under that May 2022 temporary final rule remain valid until their renewal application is approved or denied, or the up to 540-day period expires (counted from the expiration date of the employment authorization and/or their EAD), or the end date of the E-3/E-3D/E-3R/E-3S nonimmigrant status, whichever is earlier.
On April 8, 2024, DHS published a second temporary final rule temporarily increasing the automatic extension period to a total of up to 540 days for eligible renewal applicants. This second temporary final rule created 8 CFR 274.13(d)(6), which increases the automatic extension period to up to 540 days for renewal applicants eligible to receive an automatic extension who timely and properly filed an EAD renewal application on or after Oct. 27, 2023 and on or before Sept. 30, 2025, and whose applications are pending during the 18-month period beginning April 8, 2024, and ending Sept. 30, 2025.
The automatic EAD extension under either temporary final rule will therefore continue until whichever comes first:
- The end date on the dependent spouse’s Form I-94 showing valid E-3, E-3D, E-3R, or E-3S nonimmigrant status, as applicable;
- The date we approve or deny their application to renew the previous EAD; or
- 540 days from the “Card Expires” date on the front of the previous EAD.
Additional information on the temporary increase of the automatic extension period is available on the Automatic Employment Authorization Document (EAD) Extension page.
Eligible E nonimmigrant spouses may present the following evidence of the automatic EAD extension to employers for Form I-9 purposes:
- Form I-94 indicating the unexpired E-3, E-3D, E-3R, or E-3S nonimmigrant status;
- Form I-797C showing a timely-filed EAD renewal application for Form I-765 and stating “Class requested” as “(a)(17)”; and the facially expired EAD issued under the same category, Category A17.
Forms
Other USCIS Links
Department of State
Department of Labor