An Australia Special Occupation allows a foreign national from Australia to enter the US to perform services in a specialty occupation, and if the employer files a labor attestation.

Details:

The E-3 visa is a non-immigrant visa category specifically designed for Australian nationals who are seeking to work in the United States in a professional capacity. It was created as part of the United States-Australia Free Trade Agreement and is similar in many respects to the H-1B visa for specialty occupation workers. Here are some key details about the E-3 visa:

1. Eligibility:
   • To be eligible for an E-3 visa, you must be an Australian citizen.
   • You must have a legitimate offer of employment in the United States in a specialty occupation. A specialty occupation typically requires a bachelor’s degree or higher in a specific field.
2. Specialty Occupation:
   • A specialty occupation is one that requires specialized knowledge, and the applicant must possess the necessary qualifications, including at least a bachelor’s degree or its equivalent.
   • The job position must be in a field that requires such specialized knowledge.
3. Labor Condition Application (LCA):
   • Before applying for an E-3 visa, your prospective U.S. employer must obtain a certified Labor Condition Application (LCA) from the U.S. Department of Labor.
   • The LCA attests to the fact that the employer will provide you with a wage that is equal to or higher than the prevailing wage for the occupation in the geographic area where you will be working.
4. Application Process:
   • The application process for the E-3 visa involves several steps. You will need to gather the necessary documentation, including a job offer letter and evidence of your qualifications.
   • Once you have the required documents, you can apply for the E-3 visa at the U.S. Embassy or Consulate in Australia.
5. Duration:
   • E-3 visas are typically granted for a period of up to two years initially and can be renewed indefinitely in two-year increments.
   • E-3 visa holders can also apply for extensions of stay while in the United States.
6. Family Members:
   • Spouses and dependent children of E-3 visa holders are eligible to accompany the primary visa holder on E-3D dependent visas.
   • E-3D dependent visa holders can also obtain employment authorization to work in the United States.

The E-3 visa is a great option for Australian professionals who wish to work in the United States, especially in fields that require specialized knowledge. The annual cap for E-3 visas is much higher than the H-1B visa, and this means that Australian citizens have a relatively easier path to obtaining work visas for the U.S.