E3 Visa:

USA Process for Australian Nationals

E3 Visa USA

Our U.S. immigration law firm assists Australian Nationals obtain an E3 Visa to successfully work in the United States. Learn about the process, and request a free consultation with a qualified lawyer to discuss your case.

Applicant Requirements for the E3 Visa

First and foremost, you must have a job offer in your field. The E-3 visa classification applies only to nationals of Australia going to the United States solely to work in a specialty occupation. Second, your employer must meet certain criteria and file a labor condition application.

What are the employer criteria and Labor Condition Application?

The employer needs to be a company in the United States with operations in the United States that is offering you a job related to your education and experience.
As part of the E-3 Visa process, the first step includes a Labor Condition Application form that has to be filed with the US Department of Labor. This shows that that hiring a foreign national isn’t going to negatively influence the labor conditions of similarly employed workers; particularly in terms of wages, hours worked, etc.

Additionally, the Labor Condition Application has to be posted in two different locations.
· Sky Usa Law assists employers in efficiently completing this a mandatory step through careful evaluation of the company and the government criteria, and advising them of the requirements.
· We gather the tax information, company information and other corporate and mandatory information to efficiently file this on behalf of your employer.

Can I be self-employed on the E3 Visa?

Unfortunately, no. The E3 Visa is an employment based visa which requires an employer that is established in the United States. You can also work for only one U.S. company. For options to work for many employers, please see the O-1 Visa for Artists, Film and Science Professionals.

Is there a salary requirement?

Yes, to successfully obtain a Labor Condition Application, it must be shown that the position you are seeking is equal or greater than the prevailing wage of employees in the location you will be working.
· To do so, our firm looks at your qualifications, the seniority of your position, and the appropriate United States government sources to determine what the prevailing wage is appropriate for your employer to successfully file the application. We then advise you and your employer of this requirement to enable both you and your employer to make the appropriate decision on the salary and position being offered to you.

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