Frequently Asked Questions about E3 Visas

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.