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Explore visasI-129 / DS-160Full guide

E-3Australian specialty occupation worker

For Australian nationals with a U.S. job offer in a specialty occupation, meaning a job that requires at least a bachelor's degree in a specific field or its equivalent.

At a glance

How you apply
Outside the U.S.: your employer gets a Labor Condition Application (LCA) certified by the Department of Labor (DOL), and you apply for the E-3 visa with a consular officer; no petition with the Department of Homeland Security (DHS) is required. Inside the U.S.: your employer files Form I-129 to change your status to E-3 or extend your stay
Checked Oct 18, 2026[1,2,3]
How long you can stay
An initial stay of 2 years; extensions of up to 2 years each, with no maximum number of extensions (with some exceptions), as long as you can show you do not intend to remain or work permanently in the U.S.
Checked Oct 18, 2026[1,3]
Annual limit
10,500 per fiscal year, counting only principals who get an E-3 visa or E-3 status for the first time. Spouses, children and returning E-3 workers who continue with the original employer are not counted
Checked Oct 18, 2026[1,4]
Can family come
Yes. Your spouse and unmarried children under 21 may get dependent E-3 classification (visa code E-3D). Your spouse, while in valid status, may work; your children may not
Checked Oct 18, 2026[1,3]
Can you work
Yes, for the specific employer your E-3 is based on (if you have more than one employer, each needs its own LCA), full-time or part-time as stated on the LCA. Inside the U.S., a new employer's Form I-129 must be approved before you start working there
Checked Oct 18, 2026[1,3,5]
Main fees
Visa application fee $315 per person (E category). If your employer files Form I-129 inside the U.S.: $1,015 paper / $965 online ($510 for small employers and nonprofits), plus the Asylum Program Fee; optional premium processing $2,965
Checked Oct 18, 2026[6,7,8]

What E-3 is

E-3 lets nationals of Australia come to the United States temporarily, solely to perform services in a specialty occupation for a U.S. employer. It was created by Public Law 109-13 of May 11, 2005. Unlike the treaty trader (E-1) and treaty investor (E-2) visas, E-3 is not limited to work tied to international trade or investment.[1,3]

The official classification symbols are E3 for the Australian worker, E3D for the worker's spouse or child, and E3R for a returning E-3 worker.[1,11]

Who qualifies

To qualify for an E-3 visa, you must show, among other things, that you:

  • Are a national of Australia.[2,3]
  • Have a legitimate offer of employment in the U.S. in a position that qualifies as a specialty occupation: one that requires theoretical and practical application of a body of highly specialized knowledge, and at least a bachelor's degree in the specific specialty (or its equivalent) as the minimum for entry into the occupation in the U.S.[3,4]
  • Have the academic or other qualifying credentials the job requires. Without such a credential, evidence of education and experience equivalent to the required U.S. degree may be used.[1,3]
  • Hold any license or other official permission the job requires before the visa is issued. In certain cases, when the license is not immediately required for the duties described in the application, you must instead show that you will obtain it within a reasonable period after admission. Either way, you must meet the minimum requirements to obtain the license or sit for the licensing exam.[1]

What you bring to the visa interview

Besides the visa application, the State Department's Foreign Affairs Manual (FAM) lists:

  • Form ETA-9035E, the Labor Condition Application (LCA), certified by the Department of Labor (DOL), filed for an E-3 position and signed by the employer.[1,2,3]
  • Proof of your degree or its equivalent, and a job offer letter or other documentation from the employer showing that you will do qualifying work in a specialty occupation and be paid the actual wage or the prevailing wage, whichever is higher. A certified copy of a foreign degree, with evidence that it is equivalent to the required U.S. degree, is one way to show your credentials.[1,3]
  • Evidence that your stay in the U.S. will be temporary; a certified copy of any license the job requires in the state of employment (or, if the license is not needed to start the job right away, evidence that you will obtain it within a reasonable time after admission); and evidence that you paid the Machine Readable Visa (MRV) fee.[1]

Two ways to get E-3 status

Outside the U.S.: visa from a consulate

  • Your employer files an LCA with DOL for the E-3 job. No petition with the Department of Homeland Security (DHS) is required: you present the certified LCA and your other evidence to the consular officer when you apply for the visa.[1,10]
  • The visa may be valid for up to 24 months, but not longer than the LCA. It is annotated with your employer's name, the LCA case number and the LCA's expiration date.[1]

Inside the U.S.: Form I-129

  • To change to E-3 from another status, or to extend E-3, your employer files Form I-129 with U.S. Citizenship and Immigration Services (USCIS), with an LCA filed for E-3, your credentials and the job offer documentation. You must be maintaining lawful status in the U.S. to remain eligible. Premium processing is available for this filing.[3,9,10]

The 10,500 annual limit

The law caps initial E-3 approvals at 10,500 per fiscal year. Only principals receiving an E-3 visa, or E-3 status inside the U.S., for the first time are counted. Spouses and children (E-3D) are not counted, and neither are returning E-3 workers who get a new visa to keep working for the original employer (E-3R).[1,4]

To count as a returning E-3 worker, you must show uninterrupted continuity of employment: you have worked, and still work, for the U.S. employer that submitted the original LCA and job offer. Unused numbers are lost at the end of each fiscal year, and if the limit looks likely to be reached, the State Department tells consulates to stop issuing E-3 visas for that year.[1]

How long you can stay

Your initial period of stay is 2 years. Extensions can be granted for up to 2 years each, with no maximum number of extensions (with some exceptions), as long as you can show you do not intend to remain or work permanently in the U.S. You may also be admitted up to 10 days before your validity period begins and stay up to 10 days after it ends, but you may not work during those extra days unless otherwise authorized.[1,3,12]

If your job ends, you are not considered out of status solely for that reason for up to 60 consecutive days, or until the end of your authorized validity period if that comes sooner. This applies once per authorized validity period, DHS may shorten or eliminate it at its discretion, and you may not work during it unless otherwise authorized.[3,12]

If your employer files an extension on time and your authorized stay expires while it is pending, you may keep working for the same employer for up to 240 days from the expiration date, under the same conditions as before. If USCIS denies the extension before then, this permission ends when you are notified of the denial.[5]

Changing employers

To change employers while you stay in the U.S., the new employer must get a certified LCA for your new position and file Form I-129, and the petition must be approved before you may work for the new employer. Form I-129 is also used for an extension of stay or a change of employment with the same employer.[3]

Spouse and children

Your spouse and unmarried children under 21 may receive dependent E-3 classification (visa code E-3D). They do not need to share your Australian nationality, and they are not counted toward the 10,500 annual limit.[1,2,3]

A spouse in valid E-3 or E-3S status is authorized to work incident to status, and the job does not have to be a specialty occupation. Since Jan. 30, 2022, USCIS and U.S. Customs and Border Protection (CBP) have issued spouses a Form I-94 (arrival-departure record) with the admission code E-3S; an unexpired I-94 with that code is acceptable proof of work authorization under List C of Form I-9. The spouse may also file Form I-765, with fee, for an Employment Authorization Document (EAD), but does not have to.[1,3]

Children may not work in the U.S.; the State Department's manual lists E-3Y as the Form I-94 admission code for children of E-3 workers. Inside the U.S., your spouse and children extend or change status on Form I-539, which the E-3 worker cannot use. The exception: a family member changing to a classification that must be filed on Form I-129 (such as E-3 or H-1B in their own right) may not use Form I-539.[1,3,10,13]

Fees

State Department fee from 22 CFR 22.1; USCIS fees from Form G-1055, edition 10/07/26, and 8 CFR 106.1 and 106.4. Check the current schedules before paying.
ItemAmountWhen it applies
Visa application fee (E category)$315 per personPaid by each person applying for an E-3 or E-3D visa at a consulate
Form I-129 (E-3)$1,015 paper / $965 onlineOnly when filed with USCIS inside the U.S.; regular petitioner; additional fees apply
Same, small employer or nonprofit$510 paper or onlineSmall employer: 25 or fewer full-time-equivalent employees in the U.S., counting affiliates and subsidiaries
Asylum Program Fee$600 / $300 / $0Added to the Form I-129: regular petitioner / small employer / nonprofit
Premium processing (Form I-907)$2,965Optional, for the Form I-129 only; paid in addition to the other fees
Form I-539 (family members' extension or change of status)$470 paper / $420 onlineGeneral filing fee
Form I-765 (spouse's optional EAD)$520 paper / $470 onlineGeneral filing fee for an initial, replacement or renewal EAD
Checked Oct 18, 2026[6,7,8,10,14]

According to the State Department's Foreign Affairs Manual, there is no fee for issuing an E-3 visa other than the normal visa-related Machine Readable Visa (MRV) fees. For a spouse or child, the manual ties fees to a reciprocity schedule, which can depend on the family member's nationality. Confirm the amounts with the consulate before paying.[1]

Temporary stay and green card plans

E-3 requires that you intend to depart when your E-3 status ends; the State Department applies the same temporary-entry standard as for E-1 and E-2. As with other E visas, you are presumed to be an immigrant until you show the consular officer that you qualify for E status. You do not need to keep a home abroad, and a clear intent to leave when your status ends is normally enough. If you are the beneficiary of an immigrant visa petition, you must satisfy the consular officer that you intend to leave at the end of your authorized stay and not stay to adjust status. How this applies to your plans depends on the facts; an immigration attorney can apply it to your case.[1,2]

Mistakes to avoid

  • Reusing an H-1B LCA. Under current State Department guidance, a consulate may not accept an LCA approved for an H-1B job offer in an E-3 application; the employer must get a separate E-3 LCA from DOL, even if you already have an approved H-1B LCA.[1]
  • Bringing an LCA the employer did not sign. Without the employer's signature, the LCA is not valid for processing, and the consular officer refuses the case under section 221(g) of the Immigration and Nationality Act (INA) until a signed copy is submitted.[1]
  • Filing Form I-539 for the E-3 worker. Extensions and changes of status for the E-3 worker go on Form I-129. USCIS says filing on the wrong form may result in rejection or denial, and filing fees are not refunded if the case is denied.[13]

Processing time (Form I-129)

This covers USCIS processing of Form I-129 filed inside the U.S. only. Consular appointment waits are not included.

USCIS published processing time

Official

Median from USCIS's quarterly report

  • I-129 · FY2026 Q3 · all offices9.5 months

    All I-129 categories combined; the report does not split I-129 by category.

Half of the cases USCIS completed in that quarter took this long or less, from receipt to decision. Half took longer. The report does not say whether premium-processing cases are included. It is a different measure from the processing-times tool, so the two are not compared.

For the current figure for your form and office, check USCIS directly: USCIS processing times

Official

Source: All USCIS Application and Petition Form Types (Fiscal Year 2026, Quarter 3) · Retrieved Sep 27, 2026

Recent policy changes

Recent policy changes

Official

Updates

Ask WELIVEINUSA Visa

Ask WELIVEINUSA Visa

Answers come from our sourced database and your own timeline, sorted into fact, public data, inference and unknown. No AI model is used in this version, so questions outside what we cover get an honest "not covered".

Questions people ask

Does my employer have to file a petition with USCIS?

Not if you apply from outside the U.S. Your employer gets a certified E-3 LCA from DOL, and you present it with your other evidence when you apply for the visa. Form I-129 is needed when you are in the U.S. and need a change of status, an extension of stay, concurrent employment or a new employer.[1,3,10]

Can my spouse work, and does the job have to be a specialty occupation?

Your spouse in valid E-3 or E-3S status is authorized to work incident to status, and the job may be one that is not a specialty occupation. An EAD is optional. Your children in E-3 status may not work.[1,3]

Can I work part-time on E-3?

Yes. An E-3 worker may work full-time or part-time and stay in status based on what the employer attested on the LCA, and DOL approves LCAs for part-time employment. When you apply for the visa, the consular officer evaluates possible public charge concerns for an applicant coming to work part-time.[1]

Can I come on E-3 while I study for a U.S. license exam, such as the bar?

Only with a job offer. In the State Department's example, a law firm offers an applicant an associate position if the applicant passes the bar, and the position meets the definition of a specialty occupation. That applicant may get an E-3 while studying for the bar after arriving, if the consular officer is satisfied the applicant will take steps to be admitted to the bar within a reasonable period after admission. Without a job offer, you are not eligible for E-3 and would need another visa, such as B-1, to study for the bar in the U.S.[1]

Can I pursue a green card while on E-3?

E-3 requires an intent to depart when your E-3 status ends. If you are the beneficiary of an immigrant visa petition and apply for an E-3 visa, you must satisfy the consular officer that you intend to leave at the end of your authorized stay rather than stay to adjust status. Because this depends on your facts and timing, an immigration attorney can apply the rule to your case.[1,2]

Related categories

Content last reviewed: Oct 18, 2026 · General information, not legal advice.

Sources

  1. 1.9 FAM 402.9 - Treaty Traders, Investors, and Specialty Occupations (E visas)U.S. Department of State (Foreign Affairs Manual) · USCIS Policy Manual · Checked Sep 27, 2026
  2. 2.22 CFR 41.51eCFR (Office of the Federal Register) · Regulation · Checked Oct 18, 2026
  3. 3.E-3 Specialty Occupation Workers from Australia - USCISUSCIS · Agency page · Checked Oct 18, 2026
  4. 4.8 U.S.C. 1184 (INA 214) - Admission of nonimmigrantsU.S. House of Representatives, Office of the Law Revision Counsel · Statute · Checked Sep 27, 2026
  5. 5.8 CFR 274a.12 - Classes of aliens authorized to accept employmenteCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
  6. 6.22 CFR 22.1 - Schedule of fees for consular services (Department of State)eCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
  7. 7.Fee Schedule (Form G-1055) - USCISUSCIS · Form / instructions · Checked Oct 12, 2026
  8. 8.8 CFR 106.4 - Premium processing serviceeCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
  9. 9.How Do I Request Premium Processing? - USCISUSCIS · Agency page · Checked Sep 27, 2026
  10. 10.Instructions for Form I-129 (edition 09/09/26)USCIS · Form / instructions · Checked Sep 27, 2026
  11. 11.22 CFR 41.12eCFR (Office of the Federal Register) · Regulation · Checked Oct 18, 2026
  12. 12.8 CFR 214.1 - Requirements for admission, extension, and maintenance of statuseCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
  13. 13.I-539, Application to Extend/Change Nonimmigrant Status - USCISUSCIS · Form / instructions · Checked Oct 18, 2026
  14. 14.8 CFR 106.1 - Fee requirements (definitions)eCFR (Office of the Federal Register) · Regulation · Checked Oct 12, 2026
  15. 15.20 CFR 655.731 - LCA wage requirementeCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026