You've got questions and I've got answers! The E3 Visa is a wonderful resource for Australians, but there are lots of nuances to it and I know some of the questions can get specific, so here you go.
If you're looking for more general information about how to get an E3, then click here to read everything about the E3 visa!
The E3 visa application fee is $315USD (~$481AUD).
This is much cheaper than many other visas because there is no additional cost down the road when you actually get approved. Many visas have an issuance fee after the application fee, but that's not the case with the E-3.
More importantly though there is no cost to the employer. This application fee can be paid by you or the employer, but there is no other work that is required which makes it a much lower barrier than many other visa options available to other international citizens.
Yes. E-3 holders who are attending school incidental to their primary purpose for being in the United States may attend the school of their choice either part-time or full-time (unless otherwise
noted here). You must make sure though that you live up to all your E3 requirements at all times.
This is a question I get asked a lot and the answer is not so straight forward. To do this, and to understand the intricacies of what exactly is an is not allowed, you must speak to a lawyer.
Yes, it's normal that your passport has arrived at a PO Box in St Kilda, Victoria. This is the US Consulate's PO Box and means your passport stamp has arrived back. You should hear from them shortly.
Yes, you need to print out your Certified LCA (it says Certified in the bottom left corner) and have it signed by the person who is detailed in the document. You must take that version to your interview and they will keep it at the end.
They CAN be the same person but they need not necessarily be the same person. The person who signs that declaration of the employer must have the authority to enter into binding contracts on behalf of the company (i.e. an officer of the business entity). The person listed as the employer's point of contact is just the person with whom the agency (USCIS) can communicate about the application.
No restrictions. The E3 is a multiple entry visa which allows you to travel internationally and re-enter the US for the duration of the visa.
If your visa is still valid you can travel to the United States with your two passports, as long as the visa is valid, not damaged, and is the appropriate type of visa required for your principal purpose of travel. (Example: tourist visa, when your principal purpose of travel is tourism).
Both passports (the valid and the expired one with the visa) should be from the same country and type (Example: both Uruguayan regular passports, both official passports, etc.). When you arrive at the U.S. port-of-entry (POE, generally an airport or land border) the Customs and Border Protection Immigration Officer will check your visa in the old passport and if s/he decides to admit you into the United States they will stamp your new passport with an admission stamp along with the annotation “VIOPP” (visa in other passport).
Do not try to remove the visa from your old passport and stick it into the new valid passport. If you do so, your visa will no longer be valid.
Yes. I would suggest using the https://i94.cbp.dhs.gov/I94/ website for last entrances, which includes most if not all. Always be as honest as possible and you can’t go wrong.
This is a very important step and can be found on the Form A-11
Yes, you can! To get your appointment you need a DS-160, and the DS-160 includes a question (that you can leave blank re: LCA). So you can fill the DS-160 in, leave it blank, book an appointment with your confirmed DS-160 number. Then when your LCA gets approved, file a new DS-160, now including your approved LCA number, and then contact the embassy you’re going to and ask to update your DS-160 (because “you needed to update the LCA details”). They should be completely fine with it and away you go.
All embassy locations are unique, so it's important you check with the location you are applying to.
This is a new visa. You will need to leave the country or apply for an internal transfer or status.
Yes, you can get an E3 for a part-time role, it is totally permissible. You can apply for the E-3 with an hourly wage (as opposed to an annual wage) that's over the earning threshold for your profession.
No. You can only work for the company specifically outlined in your E3 Visa.
Yes, you can, there are two ways but you need to be cautious because the E-3 visa is a non dual-intent visa and therefore this can not be your plan when you enter the country.
It's a combination. If you're ending your visa before the length of time allocated on your visa, it's 60 days. If you've finished the visa, then it's 10 days. https://www.uscis.gov/news/news-releases/uscis-publishes-final-rule-certain-employment-based-immigrant-and-nonimmigrant-visa-programs
Yes, but your E3 visa will only be valid for that long
Yes. You need to have a job offer from your employer in the United States before you can apply for the E-3 visa.
Yes. Many lawyers will recommend you get your first in Australia, which is a “safer” bet, but there's no requirement for that. You can apply at any U.S. Embassy or Consulate which processes nonimmigrant visas, outside the US.
No, unlike the H1B, 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.
There is a limit of 10,500 visas issued each year, however we've never reached that cap.
You can enter up to 10 days before your job starts.
There is no limit to how long you stay outside the United States, however a condition of your visa is that you are working for your employer so you must remain employed for that period.
In reality, no. There are exceptions like pregnancy which will allow you to take extended leave from your work but as a general rule, you are not allowed to take unpaid leave from your work (as this pay is a requirement for your visa).
Technically no, but it is recommended to ensure your visa is issued correctly and many employers will insist on using a lawyer.
Head to the FLAG, the US website for filing LCAs here https://flag.dol.gov/case-status-search
Yes, you can, in theory, renew the visa indefinitely for up to two years each time. This is always up to the discretion of the immigration officer you are speaking to.
Hi Arsh, you can enter at any location in the US on an E3. You don’t have to enter a particular area. You can fly in and out of anywhere and as much as you want.
Hi all,
Would anyone know about the technicalities of entering the US after obtaining an E3. In particular, I have a stopover to change carriers in another US state before I reach my final destination mentioned in the LCA in the US. But the itenerary requires me to go thru immigration control and recheck-in with my baggage in the intermediate stopover in the US. Now, can I checkout and check-in , in that intermediate stopover , with my E3 visa before I have reached the destination mentioned on my LCA? For e.g if my final destination were NJ, but I had a stopover in Atlanta, would I be able to checkout/in to change flights with my E3 in Atlanta. I would imagine so, but would be helpful if someone had a definitive answer.
Hi Josh,
I’m dual citizen. I have an approved H1B (on one of my passports) and I’m currently in the US since I worked for my current employer on OPT and they sponsored my H1B. The H1B starts counting on 6/6/23 – 6/6/2026.
I have an appointment on the embassy at the end of June to get my H1B stamp.
I recently received an offer for another job and one of the lawyers at the company said that they will need to do a transfer of my H1B (is one of my passports) to an E3 (to my Australian passport). That they can do a change of status within the US.
My questions are:
If the change of status doesn’t get approved will I still be able to keep working for my current employer under H1B?
If I go back to my home country (not Australia), get my h1b stamped on my passport (not the Australian one) and then come back to the US, enter with the H1B while the process of change of status to E3 is going on with premium processing or it’s already been given an approved I-797, would that cause any problems? I could then quit my H1B job, and start right away with my E3 job and afterwards when I leave the US, I can go to an embassy and get my E3 stamp?
Thank you!!
Hi Josh,
Like so many others here, I’m so thankful to have found your website. You are doing god’s work.
I have a specific question I was hoping you might have some information on.
I’m currently in Sydney for an extended holiday, but have to renew my visa to re-enter the USA. I need to be back in the USA by end of June, but the soonest visa appointment closest to Sydney is at the US embassy in Tokyo, Japan. To book an appointment time there, I need to pay before hand but they are requesting a Japanese address and/or credit card.
Do you have any information on how to get past this point of the booking process if I don’t have a Japanese address and credit card? How would I go about that?
Also, my original DS160 was completed with an Australian address, will I need to redo my DS160 if I want to book an appointment in Japan or any other city?
Thanks so much!
Anna
Thanks Anna, I’m so glad you found me! I don’t think you can easily do an appointment in Japan unfortunately. I don’t know exactly how to go about it as it’s different for every location. That being said, yes, you should definitely do a new DS-160. https://www.ustraveldocs.com/jp/jp-gen-faq.asp#qlistgen5
I know Mexico has third party services who can help (https://www.usvisamex.com/home) but maybe Japan has one too?
Hi Josh,
Thanks so much for your help and all the information in your website!
My sister is an USA Citizen and she applied a petition for me as Alien Relative 4 years ago (still in revision). I am wondering if this can be an issue at the moment to apply for a E3 visa?
Thanks so much in advance,
German.
Hi German, thank you! So yes, I would think that definitely shows migrant intent. I would strongly advise speaking to an immigration attorney.
Do you know if there are any issues with renewing an E3 early? My LCA end date is 10th April 2024 but I’ll be back in Australia in October 2023 and was hoping I could do my renewal appt then?
No, there should be no issue. They might ask why you’re doing it so early and you can just explain the convenience of being back. Your renewal is just a new visa, so it’s not like you’re actually renewing the former one.
I am applying for an E-3 and I have submitted the DS-160 and have booked an interview in Canada, where I am currently living. I would like to visit the US for a few days before moving just to familiarise myself with the area and think about what neighborhood I would like to eventually live in. Am I permitted to visit for a few days as a visitor on an ESTA even though I already have a visa application in flight?
I don’t believe there is a formal limitation to entering on an ESTA before you enter on your E3!
Hi Josh
We are Australians who live in Mexico I was wondering with the E3 visa do you have to physically live in USA or can you say live in Mexico and work for a USA company (working from home) or work on a mine site and fly in and out to USA back to Mexico? Gracias
You don’t need a visa to work for a US company outside of the US, but no there’s no residence requirement for an E3 as far as I understand. You may have tax issues though that you will want to look into!
Thanks Josh for your reply, it’s very helpful!
So when filling the DS-160 and LCA I can select “Continuation of previously approved employment without change with the same employer” instead of “New employment” but I would still get a new visa at the U.S. embassy? I’m don’t want this to get confused with filing an extension with USCIS because I rather apply for a new visa at a U.S. embassy.
Hi Josh,
What a great website- so helpful!
I am wanting to set up in the US for longer than 10 days before my E3 visa begins. Can I travel into the US on a visitor visa or as part of the Visa Waiver Program and THEN change to my E3?
Thanks heaps!
Hi Eliza,
You can do that, and leave and re-enter but you may have an issue because they may not believe you won’t start work. I would recommend speaking to an immigration attorney before doing that!