E-3 classification is only granted to nationals of Australia. If you are coming to the United States to perform services in a specialty occupation, you may need an Australian specialty occupation worker visa. Under this classification, you must possess special information in a professional field equivalent to a bachelor’s degree or higher educational achievement. Also, you must apply your special knowledge theoretically and practically in a professional field. Although this may seem like a complex process, it can be accomplished with ease under the direction of a New York immigration lawyer at Pozo Goldstein, LLP.
According to the United States Citizenship and Immigration Services (USCIS), to obtain E-3 classification in the United States, you must 1) be a national of Australia, 2) have been offered a legitimate position in the United States related to your area of expertise, 3) possess the necessary academic qualifications, and 4) intend to fill a specialty occupation position. Unless these conditions are met, you will not be granted access to the United States as an Australian specialty occupation worker.
If you are already in the United States but looking to change your classification to E-3 status, you must file Form-129. This form is used to make a change of status to obtain E-3 nonimmigrant temporary worker classification. You must also turn in a Labor Condition Application (LCA). This cannot be the same application you turned in for a previous specialty occupations visa application as a DOD researcher and development project worker, fashion model, or other H-1B classification. You must turn in academic credentials to demonstrate that you are sufficiently educated for the position, as well as a letter containing your job offer. If your specialty occupation requires a license, you may need to present it with your other documents.
After your Form I-129 has been approved, the USCIS will send a Form I-797, Notice of Action/Approval to your employer. Once received, your employer will send you a copy of the Form I-797. This approval does not mean that you have obtained a visa. After your Form I-129 has been approved, you must obtain an official visa from a United States Embassy or consulate abroad.
If you obtain a class E-3 visa, you are allowed to stay in the United States for two years. After this, you may renew your stay period in two year increments. There is no limit to how many times you can extend your visa, although some exceptions may apply. To apply for an E-3 classification extension, you must file a Form I-129. If you change jobs while under E-3 classification, you must file For I-129 to apply for the change. Also, your new employer must file a new Labor Condition Application and a new E-3 visa application. You must start your new job within 10 days of the termination of your last job.
If you have a spouse and children, you may wonder if they will be able to accompany you when you obtain your E-3 classification. As an Australian Specialty Occupation Worker, your spouse and children are allowed to accompany you to the United States. Your husband/wife and any of your children who are unmarried and less than 21 years old may obtain E-3 classification with you. Additionally, your spouse may be granted work authorization, but your children will not. If your spouse wishes to apply for work authorization, he/she must file a Form I-765, Application for Employment Authorization.