This question comes up constantly, and the answers people get are all over the place. Your colleague says they paid everything themselves. Someone else swears their employer covered it all. So what's actually required?
Here's the breakdown, and don't forget: I'm not a lawyer.
The fees involved in an E-3 visa
Before we get into who pays what, let's clarify what fees actually exist:
Labor Condition Application (LCA): Free. No government fee.
I-129 Petition Filing Fee: $1,015 for E-3 petitions (half price for small employers with 25 or fewer employees and nonprofits). This is the USCIS petition fee, only relevant if you're filing through USCIS (change of status or extension while in the US).
Asylum Program Fee: $600 for standard employers, $300 for small employers, $0 for nonprofits. This is required with every I-129 petition.
Premium Processing (Form I-907): $2,805 (increasing to $2,965 on March 1, 2026). Optional. Gets USCIS to act on your petition within 15 business days instead of months.
DS-160 / MRV Fee: $315. This is the visa application fee paid to the State Department to schedule your consular interview in Australia.
Passport delivery fee: Around $23 AUD for Australia Post return delivery (optional—you can pick up in person).
What your employer MUST pay
Here's the rule that matters: The Department of Labor explicitly states that employers “must not allow the E-3 worker to pay” the USCIS petition filing fee.
That's not a suggestion. It's a legal requirement under DOL regulations (20 CFR § 655 Subparts H & I). If your employer is filing an I-129 petition on your behalf—which happens when you're changing status within the US or extending your stay—they are required to pay the filing fees. You cannot be asked to cover them.
The same applies to H-1B workers, by the way.
If your employer asks you to pay the I-129 or Asylum Program fees, that's a compliance violation.
What's the logic here? The DOL doesn't want employers shifting visa costs onto employees, because it could effectively reduce your wages below the required prevailing wage. The LCA process is designed to protect both US workers (by ensuring foreign hires aren't undercutting wages) and the visa holder (by ensuring you're actually paid what you were promised). Letting employers pass fees onto you would undermine that.
What about the DS-160 fee?
Here's where it gets murky.
The DS-160/MRV fee ($315) goes to the State Department, not USCIS. The DOL rule specifically references the “USCIS petition filing fee”—it doesn't mention the consular visa fee.
This is why you'll hear different answers from different people:
- Some employers reimburse the DS-160 fee as a matter of policy
- Some employers consider it your personal expense
- Some employers cover it for initial visas but not renewals
There's no legal requirement either way. It comes down to company policy and, frankly, negotiation.
My non-lawyer non-legal take: If your employer covers attorney fees, it's reasonable to ask them to reimburse the $315 DS-160 fee as well. Many do. If they say no, you're not being cheated—but it doesn't hurt to ask.
What about premium processing?
Premium processing ($2,805, rising to $2,965 in March 2026) speeds up USCIS adjudication from months to 15 business days. It's optional.
The rule here is about who benefits:
- If the employer needs it (project deadlines, business urgency), they must pay for it
- If you request it for personal reasons (travel plans, personal timing), you can pay for it—as long as it doesn't reduce your wages below the required level
In practice, many employers just pay it to avoid any compliance questions. But if you're the one asking for expedited processing purely for your own benefit, don't be surprised if they ask you to cover it.
What about attorney fees?
If your employer hires an immigration attorney to handle your E-3, they generally pay those fees. Again, this isn't strictly mandated by law, but it's standard practice since the employer is the petitioner and the attorney is representing their interests as well as yours.
If you hire your own attorney independently for personal advice or to review your case, that's your expense.
Direct consular filing vs. filing through USCIS
Here's an important distinction that confuses people:
Direct consular filing (most common for E-3): You go directly to the US Consulate in Sydney, Melbourne, or Perth. You pay the $315 DS-160/MRV fee to schedule your interview. There's no I-129 petition filed with USCIS. In this case, the only government fee is the $315, and there's no legal requirement for your employer to pay it (though many will reimburse you).
Filing through USCIS (change of status or extension): Your employer files Form I-129 with USCIS. The $1,015 filing fee plus $600 Asylum Program Fee applies (totaling $1,615 for most employers), and your employer must pay it. If you later need to travel and get a visa stamp, you'll also pay the $315 consular fee when you return to Australia for your interview.
Most Australians getting their initial E-3 go the direct consular route because it's faster and cheaper. USCIS filing is more common for people already in the US who are extending or changing employers.
The bottom line
| Fee | Amount | Who pays |
|---|---|---|
| LCA | Free | N/A |
| I-129 (USCIS petition) | $1,015 | Employer (required by law) |
| Asylum Program Fee | $600 ($300 for small employers) | Employer (required by law) |
| Premium processing | $2,805 (rising to $2,965 March 2026) | Negotiable (usually employer if they need it) |
| DS-160 / MRV (consular fee) | $315 | Negotiable (often employee, sometimes reimbursed) |
| Attorney fees | Varies | Usually employer |
| Passport delivery | ~$23 AUD | Employee |
If your employer asks you to pay the I-129 filing fee or Asylum Program Fee, that's a problem. Everything else is negotiable.
When you're discussing your offer or starting the visa process, ask upfront what the company's policy is on visa-related expenses. Get it in writing if you can. Most companies that regularly sponsor E-3 workers have a standard approach, and knowing what to expect avoids awkward conversations later.
