8 CFR § 214.2(e): Temporary Nonimmigrant Work Visas
These are visas given only to citizens of Australia coming to the US engage in a “specialty occupation” . They are given for 2 years at a time with no maximum number of extensions, though some exceptions apply. Spouses of E-3 will be authorized to work upon request.
Who May File and What to File
Any employer may file a USCIS Form I-129 along with the certified USDOL Labor Condition Application (LCA) Form 9035. If the person outside the US, the approved petition will be processed by the US Consulate for the area where the person lives. If the person in the US in a different lawful status, then Form I-129 should be used to change status. In case of change of job, then a new E-3 application and LCA must be filed within 10 days.
- ( 1 ) A certification of a labor condition application
- ( 2 ) A statement of compliance with the terms of the labor condition application
- ( 3 ) Evidence of Alien H-1B qualifications
- ( 1 ) Proof of Australian Citizenship or other papers
- ( 2 ) A United States baccalaureate or higher degree in occupation, OR
- ( 3 ) A foreign degree determined to be equivalent to a US degree or higher; OR
- ( 4 ) An unrestricted State license, registration or certification which authorizes
him or her to fully practice the specialty occupation and be immediately engaged
in that specialty in the state of intended employment; OR
- ( 5 ) Have education, specialized training, and/or experience equivalent to US
degree and recognition of expertise through progressively responsible positions
directly related to the specialty.
General documentary requirements for this E-3 classification
- Degrees, Diploma, certifications, affidavits, declarations, or other document to show the Beneficiary’s education and/or qualification in the occupation sought
- Affidavits or declarations made under penalty of perjury submitted by present or former employers or recognized authorities certifying as to the recognition and expertise of the beneficiary shall specifically describe the beneficiary’s recognition and ability in factual terms and must set forth the expertise of the affiant and the manner in which the affiant acquired such information.
- Copies of any written contracts between the petitioner and beneficiary,
- State or Local License where required
- Description of the duties related to the occupation in the E-3 application.