TREATY ALIEN IN A SPECIALTY OCCUPATION
The E3 is a new visa for Australian nationals to work in specialty occupations in the U.S temporarily and is similar in nature to the H1B visa. It has many advantages over other types of nonimmigrant visas, including the ability for spouses of E3 recipients to apply for work authorization.
To qualify for an E3 visa, an applicant must be an Australian citizen, must have a legitimate offer of employment in the United States and the job must qualify as a “specialty occupation.” This means that a specific bachelor’s degree (or higher) is required to perform the job duties and the applicant must also possess that specific degree. Please note that the spouse and children of the principal applicant need not be Australian citizens to attain E3 visa status.
The United States-based employer of an E3 principal is not required to submit a petition to the Department of Homeland Security as a prerequisite for visa issuance. However, the employer must obtain a Labor Condition Application (LCA), ETA Form 9035 or ETA Form 9035E, from the Department of Labor.
There will be a maximum of 10,500 E3 visas issued annually (during the fiscal year, which runs from October 1 to September 30). Spouses and children of applicants do not count against the quota, neither do applicants extending their E3 visas while still in the U.S. and working for the same employer.
E3 applicants are admitted for a two-year period renewable indefinitely, provided the alien is able to demonstrate that he/she does not intend to remain or work permanently in the United States.
If you are interested in sponsoring an employee for E3 visa status or your employer is interested in sponsoring you for the E3 visa, please contact a New York City visa lawyer from Garganigo, Goldsmith & Weiss and we will be happy to discuss this visa category with you.
