E3 Visa , USA Work Permit

The regulations implementing the new E-3 visa were published in the US Federal Register on 2 September 2005. With the publication of the regulations, Australians are now able to apply for E-3 visas in order to live and work in the USA. The E3 visa will help Australian business people and professionals capitalise on the opportunities offered under the Australia-United States Free Trade Agreement (AUSFTA).

Qualified Australians wishing to live and work in the USA now find themselves in a privileged position. They have access to a dedicated visa that is easier and less costly to obtain than the traditional H1B work visa. 10,500 E-3 visas per annum have been reserved exclusively for Australian nationals. Unlike the H1B visa, spouses of E3 visa holders are now able to work in the United States - eliminating a barrier that in practice has stopped many Australians from applying for temporary residence in the US. E-3 visa holders will be able to apply for extensions. The application fee for an E3 visa is significantly lower than for the H1B visa.

To qualify for an E3 visa, an applicant must demonstrate:

* that he or she must have a legitimate offer of employment in the US
* that the position he or she is coming to fill qualifies as specialty occupation employment
* that he or she is an Australian citizen
* that he or she has the necessary academic or other qualifying credentials
* that his or her stay will be temporary, and
* if required before the alien may commence employment in the specialty occupation, that he or she has the necessary license or other official permission to practice in the specialty occupation.

An approved Labor Condition Application is required and no more than 10,500 E3 visas can be issued per year.

The United States-based employer of an E-3 principal is not required to submit a petition to the Department of Homeland Security as a prerequisite for visa issuance. However, the employer must obtain a Labor Condition Application (LCA), ETA Form 9035, from the Department of Labor.