E-3 Visa for Australians: Specialty Occupation Work Visa

The E-3 is only for citizens of Australia. It comes from a free trade agreement between the US and Australia. It works much like the H-1B, but without the lottery and with easier rules for spouses.

You need:

• Australian citizenship (permanent residents of Australia who are not citizens don't qualify).
• A real job offer from a US employer.
• A job that is a specialty occupation, meaning it normally requires at least a bachelor's degree in a specific field.
• The degree, or equivalent education and experience, for that job.
• Any US license the job requires, such as for nursing, law, or engineering, before you start work.

Common E-3 jobs include software engineers, accountants, analysts, architects, marketing managers with specialized degrees, and scientists.

Before you apply, the employer files a Labor Condition Application (LCA) with the US Department of Labor through its FLAG system. In the LCA, the employer promises to pay at least the higher of the actual wage or the prevailing wage for the job and location, and to follow other worker protections. The LCA must say it is for E-3 classification.

The E-3 has an annual limit of 10,500 visas for principal applicants. Spouses and children don't count against it. The cap has not been a practical barrier in most years, and there is no lottery. Check the State Department if you apply near the end of a fiscal year (September 30).

• Work for the employer named in the LCA, in the job described.
• Change employers, but only after the new employer gets a new LCA and either files Form I-129 with USCIS or you get a new E-3 visa abroad. Don't start the new job until approval.
• Work part-time, if the LCA and job allow it.
• If your job ends, USCIS may treat you as maintaining status for up to 60 days (or until your authorized stay ends, if sooner) while you look for a new employer or leave.

• The initial stay is 2 years.
• Extensions are up to 2 years each, with no maximum number of extensions.
• You must intend to leave the US when your status ends. The E-3 is not a "dual intent" visa, which matters if you later apply for a green card.

Your spouse and unmarried children under 21 can come as E-3 dependents. They don't need to be Australian.

• Spouses are allowed to work because of their status. Since January 30, 2022, their I-94 shows "E-3S", which employers accept as proof of work authorization. They may still apply for an Employment Authorization Document if they want one.
• Children can study but cannot work.

For most Australians, the E-3 is faster and cheaper to start. It also avoids the H-1B lottery and the $100,000 H-1B fee that applies to some new petitions and is being fought in court. The H-1B can make sense later if you plan a green card and need to travel while the case is pending.

• LCA: there is no government filing fee for the LCA.
• Visa application fee: $315 for E visas as of September 2026.
• Visa integrity fee: A $250 visa integrity fee, created by a 2025 law, is charged when a visa is issued. As of September 2026, consulates have rolled it out unevenly, so check your embassy's fee page.
• Change of status or extension inside the US: Form I-129 with USCIS. As of September 2026, the fee for E and TN petitions is $1,015 on paper or $965 online ($510 for small employers and nonprofits), plus the Asylum Program Fee of $600 ($300 for small employers, $0 for nonprofits). Premium processing is $2,965. See the fee schedule.
• Other: degree evaluations, license fees, and legal help.

See the State Department fee page for current amounts.

There is no direct path. Many E-3 workers later get a green card through employer sponsorship: PERM labor certification followed by EB-2 or EB-3. Others qualify for EB-1A or the EB-2 National Interest Waiver, or through marriage to a US citizen.

Because the E-3 requires intent to leave, a pending green card case can make renewing an E-3 visa abroad risky. Many people switch to H-1B (which allows dual intent) or plan to use adjustment of status without traveling. Talk to a licensed immigration lawyer before you file.

2026 policy change. A USCIS policy memo dated May 21, 2026 (PM-602-0199) says people in the US in temporary (nonimmigrant) status should get green cards through adjustment of status only in "extraordinary circumstances," and it applies to pending cases. Talk to a licensed immigration lawyer about how it affects you before you file.

• The job doesn't require a degree in a specific field.
• Your degree field doesn't match the job, and experience equivalency is not documented.
• The LCA is missing, lists the wrong classification, or doesn't match the job.
• The officer doubts you intend to leave, for example because of a pending green card case.
• Past immigration violations.

If you are refused or put in administrative processing, see visa denials and waivers and 221(g) processing.