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E3 Visa Official US Embassy FAQs

Nov 1, 2011
Visa Info

As has recently been pointed out to us by a reader, if you go to the official Australian US Embassy E3 visa FAQ now, they have updated some more relevant questions that people continually have. Now these answers have tended to change a bit over time but as at writing should constitute the most current interpretation and guidelines for the E3 visa and E3 visa applications.

You can see even within the questions below they contradict themselves as to where you can apply for an E3 Visa and do your US Consulate Interview. So no wonder people get confused but just follow as best as you can the advice here and the experiences and guidelines we share and most often you should be OK!

Do I have to find a job in the United States first before applying for an E-3 visa?

  • Yes. You need to have a job offer from a sponsoring employer in the United States before you can apply for the E-3 visa.

Can I go to the United States to find a job and then apply for the E-3 visa from there?

  • In advance of applying for an E3 visa you may travel to the United States to search for a job or attend an interview. However, you cannot apply for the actual visa from within the United States. All visa applicants must appear at a U.S. Consulate or Embassy abroad to apply, and first time E3 visa applicants will need to apply in Australia.

Can I travel to the United States on the Visa Waiver Program to find a job or attend interviews and then apply for the E-3 visa once I return to Australia?

  • Yes, you can travel on the Visa Waiver Program (VWP) if you meet the requirements (please see our page on the Visa Waiver Program). If you do not meet the VWP requirements, you may be eligible to travel on the B-1/B-2 Combined Visa for Business or Pleasure.You must leave the United States before applying for your E-3 visa.

Can I apply for an E-3 visa from outside Australia?

  • You have the right to apply at any U.S. Embassy or Consulate which processes nonimmigrant visas, but you cannot apply from within the U.S.A list of U.S. Embassies and Consulates worldwide can be found on usembassy.state.gov. A guide to interview wait times and visa processing times worldwide can be found on travel.state.gov. However, please contact the U.S. Consulate or Embassy where you plan to apply to check that they accept applications from non-residents, and for details of how to book an interview and current processing times, as these will vary from post to post. Some posts outside of Australia are not familiar with the E3 visa and may be unfamiliar with adjudication of such visas. They are also unfamiliar with Australian education institutions, and so proving eligibility will be difficult.

Does my employer need to file an I-129 petition with U.S. Citizenship and Immigration Services (USCIS)?

  • No, the employer in the United States is not required to submit a petition to USCIS as a prerequisite for the E3 visa. However, the employer must obtain a Labor Condition Application (LCA), from the department of labor by filing form ETA Form 9035. There is no fee to submit the ETA9035.

How do I apply for an E-3 visa?

  • You may make your appointment for an interview as soon as you have all the documents prepared. You do not need to send your documents in advance, just take them to the interview. There is no specific application form, applicants for all nonimmigrant visas must complete the same standard application form known as the DS-160.If applying in Australia please see our website for further details, and for links to the online visa appointment website Visapoint, and to the DS-160 application form, see our page on how to apply.If applying outside Australia, please find a list of U.S. Consulates and Embassies overseas. A guide to wait times for interviews and visa processing times at all posts worldwide.

How long does it take to apply?

  • The wait times for interview at each Consulate vary, you can check the latest timeframe for interviews in Australia on the Visapoint website whilst making an appointment.In Australia, if an E-3 visa is approved at interview, it is normally issued within 2-3 business days. Visas and passports are returned by mail, so please also allow time for this. Applicants should bring a self-addressed 500g Express Post Platinum envelope to the interview.Please see our website for further details on how to apply in Australia.If applying outside Australia, please see the FAQ above for a link to interview wait times and processing times worldwide. For the LCA processing time, please contact the Department of Labor: www.dol.gov

What requirements and documentary evidence are needed for the application?

  • In addition to the Electronic Visa Application Form DS-160, completed online (http://ceac.state.gov/genniv/) you may need to provide the following documentary evidence with your application for an E-3 Visa:1. An approved Labor Condition Application (LCA), which the U.S. employer obtains from the Department of Labor. You are advised not to book an interview appointment until you have received this form.2. Evidence of academic or other qualifying credentials as required under Immigration and Nationality Act (INA) 214(i)(1), and a job offer letter from the employer.

    3. If your degree and higher-level qualifications are from an Australian institution, you do not usually need to provide certified copies or evidence of their U.S. equivalent, but please bring to your visa interview a copy of any certificates, and if possible, transcripts for the course of study. If your qualification(s) are not from an Australian institution, a certified copy of the foreign degree and evidence that it is equivalent to the required U.S. degree could be used to satisfy the “qualifying credentials” requirement, but you may prefer to wait until your visa interview to confirm whether this is necessary. You should take a copy of any certificates and transcripts to your visa interview, and if it is also necessary to produce certified copies of certificates and evidence of U.S. equivalence, you can send these to the Consulate after the interview, although your visa will not be approved until this is received. Likewise, a certified copy of a U.S. baccalaureate or higher degree, as required by the specialty occupation, would meet the minimum evidentiary standard.

    4. In the absence of an academic or other qualifying credential(s), evidence of education and experience that is equivalent to the required U.S. degree.

    5. A certified copy of any required license or other official permission to practice the occupation in the state of intended employment if so required or, where licensure is not necessary to commence immediately the intended specialty occupation employment upon admission, evidence that the alien will be obtaining the required license within a reasonable time after admission

Good Luck,
CJ
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E3 Visa Process

Jan 15, 2010
Visa Info

We have so much on the E3 visa already at our main info page as well as our E3 Visa FAQ page which contains links to all major E3 visa resources on this site as well as some great tips and information.

So really this topic is already covered via the above resources but given the large amount of search volume from this query to our site more than anything else, along with many comments, we will do a brief post on the E3 visa process itself.

Step 1: Find an Employer willing to sponsor you
This is of course easier said than done but the crux of this is finding a US employer who is willing to hire you and thus sponsor your E3 Visa. The barrier to entry for this is at least less than the H-1B visa which has certain times of year associated to it, a very competitive fixed quota and large costs. However most employers will not hire someone without at least one face to face interview so there could be expense for you to achieve your goal. Note you can’t apply for your E3 visa as a new visa from within the US or transfer to it from the Visa Waiver Program. You can transfer to it from visa like the J1 Internship visa and F1 Student visa.

Step 2: Apply for Jobs At US Companies
I guess this is really interchangeable with Step 1 or indeed a subset of it. Given the important and uniqueness of this act I thought I would devote a paragraph to it. Of course for a foreigner on the other side of the earth to find a job in the US is some kind of effort and certainly requires some forward planning. Many people come to the US on the visas mentioned above like the J1 visa and F1 visa as a stepping stone to working in the US allowing them time to make contacts and attend interviews while under legal status. However many people do indeed do things like apply to jobs from Australia and then fly to the US and attend as many interviews as they can. Some good general tips are to have a US phone number on your application (i.e. via Skype), try and have a US mailing address if possible and mention visa status on their resume in explaining it to a potential employer. Of course from here the job interview and selection process is generally similar to what people may be used too but note that salary negotiations are a much bigger part of the US process and often begin right upfront. Finally ensure you understand the specialty occupation and bachelors degree provision.

Step 3: The Visa Application process
Once an employer has agreed to hire you and sponsor your E3 visa they need to file form ETA-9035(e) with the US Department of Labor. This is so they can received an approved Labor Condition Application (LCA). This is a free filing and can be done online. Essentially on this form includes details on the nature of the job, the nature of the company, a little on the candidate (i.e. you) and the salary. You should note that the salary has to meet the Department standard for the average salary for that type of role in that region of the country. You would take this document, along with an offer letter from the company to your US Consulate Interview for the E3 visa.

Step 4: The US Consulate Interview
From the link referenced above you can see a detailed account of the US Consulate interview for the E-3 visa. You can do this in other countries like Canada, UK, etc. but of course the most common tends to be at a Consulate in Australia. You should take as many supporting documents as possible including bank statements, asset ownership proof, copy of your degrees and any licenses that may be relevant to your role, etc. One of the things you need to demonstrate is the residence abroad condition. This is basically proof to the US that your ties to Australia are strong and that you intend to return home at the conclusion of your E3 visa period. The more prepared you are for this, the easier and quicker and less hassled it tends to be. You should note that you have to prepay the E3 Visa Application Fee at Australia Post prior to your interview.

So that in short is the E3 visa process but like I said read a lot of the other posts for in depth information and tips about particular aspects and how you can best navigate them.

Good Luck,
CJ

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  • US Immigration and US visas are not much fun and most sites have no practical information at all. We hope we can help you Live, Study & Work in the USA!