E-3 VISA
(FOR NATIONALS OF THE COMMONWEALTH OF AUSTRALIA)
Pursuant to Section 501 of the REAL ID Act which was passed under Division B of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror and Tsunami Relief, 2005, a new visa category was introduced. This is the E-3 visa category which allows for the admission of an Australian national to enter and work in the US in a ¡§specialty occupation¡¨. A total of 10,500 E-3 visas are available each year.
The requirements of the E-3 visa are similar to those in the H-1B visa category, namely that the E-3 worker is admitted to perform a ¡§specialty occupation¡¨. ¡§Specialty occupation¡¨ is defined by Section 214 (i)(1) of the Immigration and Nationality Act (INA) as ¡§an occupation that requires the theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into this occupation.¡¨ Thus, the Australian national must show that he/she will be employed in a specialty occupation and that he/she has the minimum requirements for entry into this occupation.
Validity Period
The E-3 visa has an initial validity period of up to two years. Extensions of further periods of two years each are allowed indefinitely. Therefore, an E-3 visa holder can remain on this visa category for an unlimited time.
Fees
The filing fees with the US Citizenship and Immigration Service (USCIS) are $190. No further fees are required.
Spouse and Children of Australian National
Spouses and children of the principal E-3 worker are allowed to work regardless of the spouse's nationality.