Frequently Asked Questions about E3 Visas

Yes. You need a written job offer from a US-based employer for a role that qualifies as a specialty occupation (one that requires at least a bachelor's degree in a specific field) before you can apply.

Yes. You can apply at any US Embassy or Consulate outside the United States that processes nonimmigrant visas. Many lawyers will recommend applying in Australia for your first E-3 because Australian posts are most familiar with the visa, but it's not a requirement. If you're applying outside Australia, contact the post in advance to confirm they will accept the application and ask about wait times.

Event

Event

Yes — 10,500 new E-3 visas can be issued each fiscal year. In practice, the cap has historically not been reached, with utilization typically running at less than 50%. Renewals and dependents (spouses and children) don't count toward the cap.

Technically no, but I'd recommend it. Many employers will insist on it anyway, and a good attorney will save you time and reduce risk — particularly on the LCA filing, which is where most things go wrong.

Yes. Part-time E-3s are permitted. You apply with an hourly wage that meets or exceeds the prevailing wage for your profession, rather than an annual salary.

No. The E-3 ties you to the specific employer named on your visa. You can only work for that company in that role. If you want to work for additional employers, each one needs its own concurrent E-3.

The E-3 application fee is $315 USD (around $481 AUD at current rates). Unlike many other US visa categories, there's no separate issuance fee, no I-129 petition fee for consular processing, and no cost to your employer for the LCA.

One change to be aware of: the $250 Visa Integrity Fee, signed into law in July 2025 under the One Big Beautiful Bill Act, will eventually apply to most nonimmigrant visa issuances — including the E-3. As of April 2026, it isn't being collected yet (implementation requires cross-agency coordination per the Federal Register), but it's expected to come into effect within fiscal year 2026. Budget for it.

No — that's one of the biggest advantages of the E-3 over the H-1B. There's no USCIS petition required for consular processing. Your employer does need to obtain a certified Labor Condition Application (LCA) from the Department of Labor by filing ETA Form 9035, but there's no fee for that.

Use the Department of Labor's FLAG system at https://flag.dol.gov/case-status-search.

Yes. Print your certified LCA (it will say “Certified” in the bottom-left corner), have it signed by the person named in the document, and bring it to your interview. The consulate will keep it.

They can be the same person but don't have to be. The person signing the employer declaration must have the authority to enter into binding contracts on behalf of the company (an officer of the business). The point of contact is just the person the agency can communicate with about the application.

Yes — and many people do, because LCA processing can take a couple of weeks. You can file a DS-160 with the LCA field left blank, use that DS-160 confirmation to book your appointment. Listen to your lawyer about what to do next, whether you need to file a new DS-160 or simply go in with your certified and signed LCA and the original DS-160.

Yes. Use the CBP I-94 lookup at https://i94.cbp.dhs.gov/I94/ to retrieve your travel history accurately. Always be honest — discrepancies are far worse than the inconvenience of listing them.

Up to 10 days before your start date.

No. The E-3 is a multiple-entry visa. You can travel internationally and re-enter the US for the duration of the visa, provided you haven't changed employers or had a status change in the meantime.

There's no upper limit, but a condition of your visa is that you remain employed by your sponsoring employer. If you stop working, your visa status is no longer valid regardless of where you are.

Yes. As long as the visa itself is valid and undamaged, you can travel with both passports. Both passports must be from the same country and the same type. At the port of entry, the CBP officer will check the visa in your old passport and stamp the new one with an annotation reading “VIOPP” (visa in other passport).

Never try to remove the visa from the old passport — doing so invalidates it.

Yes. E-3 holders can attend school part-time or full-time, provided study is incidental to your primary purpose of being in the US (which is your job). You must continue meeting all your E-3 requirements. The full guidance on what nonimmigrants can study is on the ICE website here.

Generally no. Maintaining your E-3 status requires that you continue to be paid the wage stated on your LCA. Limited exceptions exist for circumstances like parental leave, but extended unpaid leave puts your status at risk. Talk to an attorney before doing this.

This is one of the most common questions I get, and the answer is genuinely complicated. There are scenarios where it's possible — typically involving a separate US entity that meets specific control and bona fide employment requirements — but it's a question you must put to an immigration attorney before going down that path. Don't take a forum answer (including this one) as gospel.

File Form AR-11 — it's free and you can do it online at https://www.uscis.gov/ar-11. You're required to do this within 10 days of moving.

Yes — and this changed materially in 2022. Since 31 January 2022, E-3 spouses are automatically work-authorized incident to their status. If your spouse's I-94 shows the admission code “E-3S”, that I-94 is itself acceptable proof of work authorization under List C of Form I-9 — no separate EAD is required.

The catch: this only works if the I-94 actually has the “E-3S” annotation. Always check the I-94 online at https://i94.cbp.dhs.gov/I94/ after every entry. If your spouse was admitted as just “E-3” without the “S”, they will need to either re-enter (to get a corrected I-94), contact a CBP Deferred Inspection site for a correction, or file Form I-765 for an EAD the old-fashioned way. Children on E-3D status are not work-authorized.

In theory, yes. E-3s are issued in increments of up to two years, and there's no statutory limit on the number of renewals. That said, each renewal is at the discretion of the consular officer, and you must continue to demonstrate non-immigrant intent (that you don't intend to remain in the US permanently).

Yes, but the visa will only be valid for the duration of the contract.

Not necessarily. You have two options: file a change of employer petition with USCIS via Form I-129 (which lets you stay in the US during processing), or leave the country and apply for a new E-3 at a consulate. Each option has trade-offs around timing, premium processing availability, and travel flexibility. An attorney can help you decide which fits your situation.

If your employment ends before your I-94 expires, you have a 60-day grace period (or until your I-94 expires, whichever comes first) to either find a new E-3 employer, change to another status, or depart the US. Separately, at the natural end of your visa period, E-3 holders get a 10-day window to wind up their affairs and depart. The two are different — the 60 days applies mid-visa; the 10 days applies at the end.

Yes, but carefully. The E-3 is a non-dual-intent visa, which means you can't enter the US with the intention of staying permanently. There are pathways from E-3 to permanent residency, typically through employment-based Green Card categories or family sponsorship, but the timing and approach matter — pursuing a Green Card can put your E-3 renewals at risk if not handled correctly. This is a conversation to have with an immigration attorney early.