In order to get a job here, you should be physically present here. I came here in April earlier this year for 3 weeks and started applying for jobs through monster.com. If you apply from Australia more than likely no one will contact you. When they see a local number and an address on your CV, they will contact you. Also in all my cover letters, I used to mention that I do not require H1-B sponsorship, which is actually true. Because for E-3, companies do not have to file a petition (which is what makes H1-B so hard to get and companies are usually unwilling to do it). When you talk to the company tell them that E-3 is like the Canadian TN visa. Most companies understand that. Tell them, the only thing you need from them is a job offer and a document called LCA. LCA stands for Labor Condition Application. LCA is just like a notification to the Department of Labor that the company is not getting cheap labor from outside and that they are paying you the same wages that an American citizen will get. Here's an excerpt of the email that I used to send to the companies to educate them about LCA.

LCA can be applied for online at http://www.lca.doleta.gov/

So that you know what questions will be asked, you can see a PDF format of the form here : http://workforcesecurity.doleta.gov/foreign/pdf/eta9035v50.pdf

However, the form must still be lodged online using the link I provided earlier.

There is a guide available at http://workforcesecurity.doleta.gov/foreign/pdf/h1bcl.pdf to help you answer the questions.

Now as for the duration of the visa, E3 is granted for 2 years, so that's what you can write for the period of employment.

For all questions, when filling online, there is a question mark (?) symbol next to each question. If you click on that, it will provide you with Help on that question.

Section E in the form asks you about the prevailing wage, when you are filling in the form online, there is a search wizard which takes in the zip code where the position is being offered and the position name (eg. Computer Programmer) and it gives you the prevailing wage for that position. The salary being offered must be higher than this to satisfy the labor department. Its not very hard to do as it gives you various levels of salaries.

Most of it is self explanatory, but if you have any problems with any question, please let me know. I'll try to help you out as I have done enough research on it :)

The biggest difference between H1-B and E3 is that for E3, you just have to lodge this form with the labor department and send the LCA certificate, (which is given straight after the form is submitted) to the candidate. You do not have to file a petition with the US immigration like you do for H1-B, which is a headache for most of the employers. Then I can take the offer letter and the LCA to the US immigration outside of the US and get a visa.

After that I went back to Sydney. Went for my interview with US consulate and got my visa. Flew back here in 3 weeks to start work. Pretty straightforward.

Let me know if you have any questions.

Anku


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So I go there and look for work...

Get an offer, lodge a form, come back here, have an interview, and then go over to work...

Not that straight forward really. Good to know though.

You can do the visa processing in Canada. If you are in New York, you can hop accross the border to Toronto.

Some people start work "unoffically", whilst waiting for the visa appointment in Toronto.

Ok so I simply have to 'apply' from outside the US, but it does not have to be my 'Home' country?

As for working unofficially..well sure it happens, but would not be legal. Need to be very careful. If caught working 'unofficially' I do not imagine it would be good for the visa application.

thanks for the info.

Hi Anku, thanks for the info. Is there a requirement for the E3 visa that the candidate should have a 4 year bachelors degree, I have seen some job ads mentioning it.

What about contracting, is it possible for someone on E3 to do it? Are the rates pretty good there, worth migrating for.

USA land of the free.

There is more opportunities for IT work in the USA, despite outsourcing/offshoring Americans are still parochial. Expect to be flogged! No holidays in your first year, one week in your second year. The pay will be good but you will be expected to earn it plus more. It's the rat race that John Howard wants for Australians. I know of one person who obtained one - lucky for him, it saved his bacon after 12 months+ unemployed here in Aus. It's good advice - get out of Australia, while you can. I'd be outta here too if not for other commitments.

The never ending layoff roll call just rolls on :-0

http://australianit.news.com.au/articles/0,7204,19785111%5E15306%5E%5Enbv%5E,00.html

Why I am not surprised that some things don't change here..

I still don't see any positive feedback or comments from the same people.

Once you have the 2 year E3 visa, can you switch to another company and do another contract before the 2 years expires?

Thats right, for an E3 you must have a university degree or equivilant. I know this as i applied for an E3 visa, and the headaches it caused, you must get it in your home country, have the degree and your job must be seen as a profesional position, i had problems with that because i was offered a mangement role for a supermarket/liquor stores. Problem was that my experience was not in this field, it was management in a service industry and tourism, it took 3 interviews for them to approve me despite having experience of 9 years in upper management and a degree. I think unofficially they have been told not to accept all applications that way they can stop the hemmorage of talent leaving Australia.

Hi Anku,

I just wanted to ask that when you started to work for the US company, did you just begin work immediately or did you wait until October 1st like all H1-B visaholders do? Thanks and I ll be waiting for anyone's reply.

William

Hi There,

I noticed you (the person who wrote the original artical) works for a grocery/liqor store chain....

I am up here actually representing Aussie Wineries trying to get into the US fighting the tide of YellowTail and Fosters products.

Not sure if you are in a position to look at new things but it would be great to network on some level.

My email is paul_underwood@bigpond.com .

Paul.

So in order to get this visa, do you have to get a degree from a Uni in Aus? What if I got a degree from a Uni over here? And does the job have to be related to the degree you got?

Be careful following this advice though. If you enter the USA on a visitor visa or visa waiver, I'm pretty sure you're not allowed to look for work. If you get caught by the INS, it would probably greatly jeaopardise your chances of getting a E-3 visa later on.

The question I have though, is it possible to apply for a green card while working on an E-3 visa like you can with a H-1B visa?

This is what I have copied and pasted from the web site of the US Embassy in Canberra (http://canberra.usembassy.gov/consular/visa-e3.html):

Q: Can I travel to the U.S. on the Visa Waiver Program to find a job or attend interviews and then apply for the E-3 visa once I return to Australia?

A: Yes, you can travel on the Visa Waiver Program (VWP) if you meet the requirements. If you do not meet the VWP requirements, you may be eligible to travel on the B-1/B-2 Combined Visa for Business or Pleasure.

You must leave the U.S. before applying for your E-3 visa.

This means they should recognize Australian traveling to the US on VWP program or even a traveller visa B2 or something, to find a job over there, as long as you do not work and will apply for the E-3 visa offshore.

But I have also noticed of this from the DFAT web site (http://www.dfat.gov.au/geo/us/e3_visa.html):

If I am already in the United States, can I transfer from another class of visa to an E-3 visa?

Australians who are already in the United States on another type of temporary/non-immigrant visa may apply to change their status to an E-3 visa. The cost of applying to change status to an E-3 visa will be $190.

So, I am confused here since on the web site of the US Embassy in Canberra, it says:

Q: Can I go to the U.S. to find a job and then apply for the E-3 visa from there?

A: No. You cannot apply for an E-3 visa from within the U.S.

Can any one please help clarify this please?

Also, I would greatly appreciate it if someone could give me some comments on my situations as follows:

My partner and I come from Thailand. I came here ot do my PhD and during the time I got Australian citizenship. I sponsored my partner for her spouse visa (temporary resident visa, in another words) mid this year. We are not yet married. Since I cannot find a job here, we probably will have to go back to Thailand. If I want to go find a job in the US, I think I may beable to go there on either using the VWP program or a B2

on a B2 visa. I now am not sure that I can apply for the E-3 visa in Thailand. Also, if I have to apply to the E-3 visa in Austrlia, I may not be able to show them any "residence aboard" since I do not own a house in Aus but a couple in Thailand.

On the other hand, if I apply for the E-3 visa in Bangkok, Thailand, the consular officers there are known to be very tough and at times funny. I have seen before my eyes at the US Embassy in Bangkok that one US citizen, who just got married with a Thai lady, got his visa application for his newly wedded wife rejected.

In this regard, I am not sure how they will look at my partner and my application for the E-3 visas because I am an Australian citizen but applying in Bagkok as well as showing them that I own 2 houses in Thailand.

Can any one please give me your opinion?

Thank you very much in advance.

Can you apply for any type of job on this visa??

This is General Advice and not to be construed as legal advice specific to a certain question or particular circumstance. Generally speaking the requirements of an E-3 visa are as follows: You must be an Australian citizen who has a "legitimate job offer" from a U.S. employer for a "specialty occupation" for which you are "qualified." Legitimate job offer simply means your employer will provide a job offer letter delineating that they are a U.S. Company with certain assets that wants to hire you for a temporary job that is a Specialty Occupation for which you are Qualified. They must also pay you the "prevailing wage" for that job meaning at least what the average U.S. worker gets for the same job. They can not pay you less. A Specialty Occupation is generally one in which a U.S. Bachelor's Degree or equivalent is required. If your degree is unrelated to the Specialty Occupation offered, then you must show supplemental evidence of having attained the equivalent of a related U.S. Bachelor's Degree in another way - e.g., through 5 years of directly related practical/work experience. Qualified, of course, means you hold that U.S. Bachelor's Degree or equivalent. From an employer's standpoint, it is highly advantageous to hire Australians who qualify for an E-3 over H-1B qualified workers for three reasons: (1) there are far more E-3 visas available per qualified worker than H-1Bs. This year, the fiscal year began October 1, 2006. However, H-1B visa numbers ran out in July, 2006, less than three months after the first date you could begin applying for H-1Bs. On the other hand, E-3 visas are STILL available for the current fiscal year (4 months AFTER H-1B numbers ran out for the current year). (2) E-3 visas are much cheaper for employers because they don't have to pay the substantial mandatory fees associated with H-1B visas ($750/$1500 Scholarship and Training Fee & $500 Fraud Detection Fee). And (3) E-3 visas can be renewed indefinitely unlike the 6 year cap with H-1B visas. From the employee's perspective, the E-3 is significantly different from the H-1B in two ways as well. First, spouses of E-3 visa holders can obtain work authorization whereas H-1B spouses generally can not. Secondly, there is no "dual intent" allowed for E-3 visa holders. This means an E-3 visa holder is a strictly "temporary" worker and can not simultaneously pursue permanent residency (green card) in the U.S. while on an E-3 visa. H-1B workers, although also considered "temporary" can pursue an immigrant visa (permanent residency) while they are on an H-1B. That being said, however, it should be relatively easy to transfer from E-3 to H-1B if the E-3 visa holder decides to pursue a green card. The E-3 visa is a relatively new matter and not too many of these visas have been processed. I have had a lot of luck with them and I think they are good for both employee and employer. One other note, there is no "expedited processing" available for E-3s. So, if you're in a rush, it's better to obtain this visa via consular processing in Australia vs. filing from the U.S. One final note, H-1B portability provisions do not apply to E-3 visas. This means that you can not change employers unless you obtain an actual approval to do so (which could take several months unless you obtain the approval directly from the U.S. Consulate in Australia).

For more info...

The information provided here is of a general nature and may not apply to any particular set of facts or under all circumstances. It should not be construed as legal advice. Laws are constantly changing.

--------------------------

Changing employers as an H-1B visa holder is provided for under AC21 portability provisions. Although these provisions make it possible to change employers, the new employer must still submit basically an entire H-1B packet to the government (i.e., not just a "transfer"). Portability provisions do not apply to E-3 visa holders. However, it is still possible to "change" employers as an E-3 visa holder. You must simply apply for a new E-3 visa with the new employer as petitioner. Because no premium processing is available for a change of status in the U.S., at this time, it would be preferable to proceed to a U.S. Consulate in Australia or to a country accepting third country visa applications (e.g., Canada). Once you have the approval for the new employer in hand, you may re-enter up to 10 days prior to the new employment start date.

On another related note - for those of you holding E-3 visas currently - remember to file for an extension of your E-3 WELL BEFORE the expiration (like 6 months before) because, at present and without specific guidance from CIS, the 240 day rule does not apply to E-3 visa extensions as they do for H-1B extensions (i.e., you must have your E-3 extension approved prior to expiration whereas you have up to 240 days after H-1B expiration to remain in good H-1B status while your H-1B extension request is pending). I expect the CIS will come out with some kind of guidance on this point but until then, make sure you file those E-3 extensions early.

for more info

Anyone knows which one better TN or E-3 visa from employee point of view. In terms of visa period, spouse sponsor etc, cost, or likely to get green card. Thanks a lot.

AT

Does anybody have any idea as to how long the US consulate in Australia takes to approve/deny E3 visa applications?

My understanding is that it current takes two weeks to process the E-3.

What I don't like is that you have to leave the country within 10 days of termination of employment. This is pretty rough if you have to get rid of an apartment etc.

Also it is unclear to me how you apply for a Green Card. My company won't do it until I have been with the company for some years, and then I have to agree to be tied to the company for some years after that. It would be nice to apply independent of the company while on at E-3, but I don't think that would be possible.

Hiya

I have successfully gained an E3 visa by going through Canada. I have a problem, I am back in the states, 10 days is nearly up and my company HR paper work has not been signed off so technically I cannot start work... Could someone tell me what the implications of not starting work with in the 10 days of entering the states on an E3 are?

I cannot find this information any where

First of all this forum has been as awesome find! I am currently in Michigan Detroit looking for work and as a Mechanical Engineer/Technician.

All though I have completed an Apprenticeship in Fitting and Turning I have been told that people with similar qualifications can be approved for a H1-B visa. I was wondering if anyone has had any luck or know of anyone that has had success with applying for an E3 visa as a tradesman by qualifications or is it just out of the question.

I understand and have read most that has to be written on the topic of a specialty occupation and knowing that it sounds like I have no chance. I have contacted a Lawyer in Michigan and he has told me it is possible to match the experience needed to qualify. I continued to go to college for another 3 years after my apprenticeship to further better my qualifications and have 10 years experience on the job. Any comments or help on this matter would be great!

I am currently on a J1 working visa on my New Zealand passport and living in

the USA. I would like to obtain an E3 working visa using my Australian

passport.

I have an offer for a position that is valid for the E3 visa. Do I need to

leave the US to obtain the E3 visa, or do I need to go back to Australia or

another country to get this? And where do i find the application form online?

Hi,

I have a question regarding E3 Visa. I am an Australian citizen currently visiting India for 2 weeks now. I am planning on visiting my brother in the US from here. During my stay in the US, I want to face interviews and get the LCA from any company. If that happens, do you think I can go back to India and apply for my E3 VISA there or should I go to Australia to get the VISA? My initial plan was to stay in India for the next few months.

Also, regarding IT experience, I understand that I should have at least 2 years of IT experience. Does it matter, where I gained this experience, saying, does it matter if I got this experience in India or Australia? The reason I ask is before I moved to Australia, I had around 5 yrs of IT experience. I didn’t get to work much in Australia as I was pregnant and stuff. Can you please advice me. Thanks a bunch.

Thanks for the info and discussion. I am in USA on a multiple entry visa and have been offered a job. I planned to go to a consulate or embassy in Canada but read that it can take up to 4-5 months to approve, in which case it sounds faster (albeit way more expensive) to return to Australia and apply through there. What are people's experiences with lengths of time through Canada and is there a city recommended there?

I forgot to add that I planned to apply for the E3 visa in Canada.

Just a quick message to offer advice or at least my experience in obtaining and working on an E3 visa. I just got mine in June 2007. Feel free to email me.

The best help I found was the FAQ on the canberra embassy site - but of course there are things that it cannot tell you.

All the best.

Luke.

The E3 visa requires a commitment to leave at the end of the visa, an application for a Green Card is considered to be contrary to this claim. Put even more simply, you can not apply for the Green Card while on the E-3, this is not the case for the H-1B.

While it is true that you are not supposed to look for work while on a tourist/visiting visa, [in my opinion] this is a soft rule which is not intended to frustrate legitimate (above board) efforts of Australians to find suitable career opportunities in the US.

It is worth taking the "demonstration of intent to leave" seriously. Taking out private health insurance, would be sufficient. I had Mum and Dad write a letter, that sort of stuff is worth throwing in if you can.

Does anyone know about getting a J1 visa compared to an E3? I have been offered a postdoc in the US and thought I would go for an E3 but the university thinks I need a J1.

Thanks for all the good advice.

J's are student based (or newly grad)+ exchange visas, the E3 is a professional speciality visa. The new work & holiday visa is off the back of the J program.

Does anyone have info or links on any Australian/US companies offer E-3 sponsorship? or job assistance...

Hi Stace

I think this was mentioned earlier in the forum feed but have a look at www.cxcusa.com they offer E3 sponsorship for Aussies and work with all industries types and disciplines, my friend got sponsorship via CXC and he is an building Architect. I am looking to use them for my planned trip in April + they allow you to use your own job network (or you can use one of their US partners). They also reduce your US tax, similar to ‘living away from home allowance’ and provide the necessary insurances etc. They have a contact on the ground in Sydney, feel free to contact me if you want his details.

Thanks

hi, when you file for the LCA online how long does it take to be approved and sent back to your employer, would it be sent back as a pdf or an actual paper?

The LCA is filed electronically and is normally approved within a day or two.

Hi Guys,

Wants your input with suggestion on what to do or any good ideas?

My Story and Queries:

1. Indian National acquired Aus citizenship in Dec'07.

2. Applied for H1b in Jan'08 and got query under 221(g)

3. Now looking for new employer for E3 but was scared of again 221(g) query for even E3.

4. Any suggestions for similar case?

cheers,

Homer

Still my H1 is not denied but no clue of when it get approved or denied. :(

Hi Guys,

I am an Australian currently living and working in New York on an E3 Visa. My boyfriend is French and does not have a visa at the moment (but is coming in and out of the US frequently). We are discussing marriage and hoping that he will be able to obtain/apply for an E3D.

The only information I can find online describes already married couples applying for the E3 and E3D at the same time.

Does anyone have any further knowledge or advise about whether us suddenly becoming married would make things easier? Would it be better to get married in the US, France or Australia? Do we have to prove that we have lived together for a certain period etc?

Any advise would be much appreciated.

Desperately trying to live in the same country for a few years!

Thanks in advance!

I would need to know if is possible to go from E3D to E3.

We are both Australians working in the USA. My husband has a E3 visa, but he is not happy with his job. Im currently working I hold a master degree and I could get sponsor for my E3 in my job. I wonder if is possible to change status and apply to E3 without leaving USA.

Regards

Laura

Can someone, already in the US go for the Change of Status to E-3 or does he need to go back to Australia and then apply for the E-3 Visa?

I called the USA consulate in Australia and was told you can not apply for the e3 in Canada or Mexico any country connected to the USA.

Does anyone know if a New Zealand permanent resident (not citizen) can apply for an E3 Visa to the States?

John

Hi

I hold a Bachelor of Arts and a Bachelor of Laws and am a qualified Australian solicitor.

As I am not qualified in the US, I think it will be a lot easier for me to obtain employment in a Paralegal role (as opposed to a lawyer). Most paralegal positions state that a Bachelors degree is at least preferred.

Does anyone know if a Paralegal will qualify under the E3 as a "specialty occupation"?

Thanks