E3 Visa: Requirements, Application & Green Card Path

The E-3 visa is a unique U.S. work visa exclusively for Australian citizens coming to work in a specialty occupation. It requires at least a bachelor’s degree (or equivalent) in a highly specialized field. An employer in the U.S. must offer you a qualifying job and obtain a certified Labor Condition Application (LCA) for your position. E-3 status is initially granted for up to two years (with extensions every two years)​. This guide explains what an E-3 visa is, who qualifies, key visa requirements, and how (and whether) an E-3 holder can pursue a U.S. green card.

What is an E-3 Visa?

The E-3 is a temporary nonimmigrant visa for Australian professionals to work in the U.S. in specialty occupations (jobs that require specialized knowledge and at least a bachelor’s degree​). It is similar to the H-1B visa but only for Australians. For example, an Australian IT engineer, doctor, or university lecturer may qualify if their job normally needs a U.S. bachelor’s degree. Unlike student or tourist visas, the E-3 allows legal work in the U.S. under a sponsoring employer.

Key eligibility requirements for an E-3 visa include:

• Australian citizenship: You must be a national of Australia​.
• Specialty Occupation: The U.S. job must require at least a U.S. bachelor’s degree (or foreign equivalent) in a specific specialty​. Common fields include tech, finance, engineering, and education.
• Job Offer & LCA: You need a legitimate job offer from a U.S. employer. The employer must file and receive approval of a Labor Condition Application (LCA) for the position​. The LCA ensures you will be paid the prevailing wage.
• Qualifications: You must possess the required degree or credentials for the job. (If you don’t have a degree, you may use a credential evaluation to show equivalency.)
• Any Required License: If the job requires a license (e.g. medical or legal license), you must obtain it prior to starting work​.
• Intent to Return: As a nonimmigrant visa, you must generally intend to stay temporarily (no immediate immigrant intent).

These rules mean not just any Australian can get an E-3; the job and your credentials must match US requirements for a specialty occupation. For instance, an Australian accountant offered an accounting job in the U.S. (which normally requires a bachelor’s in accounting) could apply for E-3 status, provided the employer’s LCA is certified.

Applying for an E-3 Visa in the USA (E-3 Visa USA process)

The application process depends on where you are when applying:

• If applying from outside the U.S.: The Australian worker attends a U.S. consular interview (typically in Australia) with an approved LCA and supporting documents (degree, job offer, etc.). The consulate issues the E-3 visa stamp in the passport if approved.
• If applying from within the U.S.: The employer files USCIS Form I-129 (Petition for Nonimmigrant Worker) to change status or extend E-3 status​. Once USCIS approves, the worker’s status is E-3 without leaving the U.S.

The initial E-3 visa (and status) is valid for two years. You can then apply for extensions of two years each, indefinitely. In practice, many Australians renew their E-3 every two years for as long as needed. For example, Gale has assisted Australians who have held back-to-back E-3 status for many years. Maintaining status requires the employer to file a new LCA and I-129 for each extension (or renewal at a consulate).

Unlike some visas, the E-3 does not have an annual cap or lottery - if you meet the requirements and have an approved LCA, you can obtain or renew the visa anytime. This makes the E-3 popular for Australians, as it avoids the H-1B lottery. It also means quick visa stamping - often just days or weeks.

Can an E-3 Visa Lead to a Green Card? (E3 visa to green card)

A common question is whether E-3 holders can become permanent residents. E-3 visas are generally not dual intent visas. This means USCIS expects E-3 applicants to intend to return to Australia after their temporary stay​. In fact, an E-3 holder who files for a green card without changing to a dual-intent status (like H-1B or L-1) can risk visa denial. However, it is possible to get a green card after being on an E-3 - but only by following the standard employment-based (EB) process:

• Employer Sponsorship: The most common path is through EB-2 or EB-3. The U.S. employer must sponsor the worker by filing a PERM labor certification and I-140 immigrant petition (just as for any H-1B or L-1 holder). For example, an E-3 software engineer with a U.S. master’s might have her employer file an EB-2 petition. A hospitality worker with only a bachelor’s might pursue EB-3.
• Switching Visas: Since H-1B and L-1 visas allow dual intent​, some Australians on E-3 first switch to H-1B or L-1 status before pursuing EB-2/EB-3 green card sponsorship. This lets them legally begin the green card process (I-140, I-485) while maintaining valid status.
• Priority Dates: After the I-140 is approved, E-3 applicants must wait for their “priority date” to become current on the Visa Bulletin (as with all EB categories). Indians and Chinese often face long waits.
• Adjustment or Consular Processing: Once current, the worker applies for a green card through adjustment of status or consulate.

In short, there is no special green card category for E-3 - you must use the normal EB-2 or EB-3 route. E-3 status itself does not magically convert to permanent residence. For example, we’ve seen cases where E-3 holders later applied for an H-1B visa (dual intent) and had their employer file an I-140 in EB-2. Gale’s EB-2 and EB-3 guides (coming soon) provide more detail. For now, if you hold an E-3 and aim for a green card, plan to work with your employer to initiate PERM/I-140 or to change to H-1B/L-1 for dual-intent purposes​.

For official guidance on E-3 visas, see the U.S. Citizenship and Immigration Services site. Note also that E-3 dependents (E-3D) - spouses and children under 21 - may accompany you, and spouses can apply for work authorization.

Ready for expert help with your E-3 visa or green card strategy? Book a consultation with Gale to get personalized guidance from experienced immigration attorneys in our network.

FAQs

Q: What is an E-3 visa? A: The E-3 visa is a U.S. nonimmigrant work visa exclusively for Australian citizens. It allows qualified Australians to work in the U.S. in specialty occupations that require a bachelor’s degree or higher​. Only Australian nationals are eligible.

Q: What are the E-3 visa requirements? A: Key requirements include: (1) Australian citizenship; (2) a full-time job offer in the U.S. in a specialty occupation (typically needing a U.S. bachelor’s degree)​; (3) an approved Labor Condition Application (LCA) filed by the U.S. employer​; (4) evidence that you have the degree or qualifications for the job​; and (5) any professional license required by the occupation​. The employer must pay the prevailing wage.

Q: Can I work part-time on an E-3 visa? A: Yes. An E-3 can be obtained for part-time roles as well as full-time​. The LCA and petition should reflect the part-time nature of the job (e.g. stating hours and wage). There is no strict hourly minimum. (The Department of Labor allows an hourly wage rate on the LCA for part-time work​.)

Q: How long does the E-3 visa last and can it be renewed? A: The initial E-3 visa is valid for 2 years​. It can be extended indefinitely in 2-year increments as long as you maintain visa requirements (including nonimmigrant intent). Many Australians renew their E-3 status every two years without limit.

Q: Can an E-3 visa holder get a green card? A: The E-3 itself is not a direct path to a green card (it’s not dual-intent). To get a green card, an E-3 holder typically must have a U.S. employer sponsor them through an EB-2 or EB-3 process (PERM + I-140). Often, applicants switch to an H-1B or L-1 visa (which allows immigrant intent) before or during the green card process​. In summary, you can get a green card, but only by going through the standard employment-based procedures.