E-3 visa
E-3 visa: work in the US as an Australian professional
E-3 is a work visa only for Australian nationals in a job that needs a related bachelor’s degree. It does not go through the H-1B registration, and your spouse can work.
Last checked October 2026 · Sources
- Who
- Australian nationals
- Each period
- Up to 2 years
- Yearly limit
- 10,500 new principals
- Legal fee
- Quoted on request
Quick answer
What is the E-3 visa?
E-3 is a work visa for Australian nationals with a US job offer in a specialty occupation. Your employer needs a certified Labor Condition Application (LCA). You get up to 2 years at a time and can extend in 2-year steps. The law allows 10,500 new E-3 principals each fiscal year, and spouses can work.
- Specialty occupation: the job needs at least a bachelor’s degree in a specific field, or its equivalent.
- No H-1B registration. You can apply for the visa at a US consulate.
- Spouses in E-3 dependent status can work. Children cannot.
- E-3 is not dual intent: you must plan to leave when your status ends.
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You are an Australian national
The principal worker must hold Australian nationality. A spouse or child does not need to be Australian to get dependent status.
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A real US job offer
You have a legitimate offer of employment in the US.
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A specialty occupation
The job needs theoretical and practical use of highly specialized knowledge and at least a bachelor’s degree in the specific specialty, or its equivalent (8 U.S.C. 1184(i)(1)).
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You hold the right credentials
You have the degree, or equivalent, and any license the job requires.
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A certified LCA
The employer files a Labor Condition Application with the Department of Labor for E-3. It promises to pay the higher of the actual wage or the prevailing wage (8 U.S.C. 1182(t)(1)).
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You plan to leave at the end
The consular officer must be satisfied you intend to depart when your E-3 status ends.
The process
How to get an E-3
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Attorney review
A partner-firm attorney checks that the job is a specialty occupation and that your degree matches it.
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Employer gets the LCA certified
The employer files the LCA with the Department of Labor and receives the certified copy.
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Outside the US: consular visa
You apply at a US consulate with the signed, certified LCA, your degree and an offer letter. The State Department rule does not list a USCIS petition for this route (22 CFR 41.51(c)).
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Inside the US: Form I-129
15 business days with premiumTo change to E-3 or extend, the employer files Form I-129 with USCIS and the LCA. Premium processing is available.
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Extend every 2 years
Extensions are up to 2 years each. USCIS says there is no maximum number of extensions, with some exceptions.
At a glance
E-3 vs H-1B
| E-3 | H-1B | |
|---|---|---|
| Who | Australian nationals only | Any nationality |
| Cap selection | No H-1B registration. Limit of 10,500 new principals per fiscal year | Most employers register; selection is weighted by wage level from FY 2027 |
| Each period | Up to 2 years, extendable | Up to 3 years, usually 6 in total |
| Spouse can work | Yes, incident to status | Only in limited cases |
| Dual intent | No | Yes |
E-3 limit: 8 U.S.C. 1184(g)(11), principals only. H-1B dual intent: 8 U.S.C. 1184(b) and (h). H-1B periods and spouse work: 8 CFR 214.2(h)(9) and (h)(13). See our H-1B page.
What it costs
E-3 fees as of October 2026
USCIS fees apply only when the employer files Form I-129 in the US. From Form G-1055, edition 10/01/26.
| Fee | Amount | Notes |
|---|---|---|
| Form I-129 (E-3) | $1,015 | $510 for small employers and nonprofits. |
| Asylum Program Fee | $600 | $300 for small employers. $0 for nonprofits. |
| Premium processing (optional) | $2,965 | USCIS acts within 15 business days. |
| Our legal fee | Quoted on request | Flat fee, set before you sign. Handled by partner-firm attorneys. |
Source: USCIS Form G-1055. State Department visa fees for the consular route are separate.
FAQ
Questions people ask
Yes. USCIS treats spouses in valid E-3 or E-3S status as allowed to work because of that status. Your spouse can show an unexpired I-94 or a work permit for Form I-9. Children cannot work.
E-3 status is granted for up to 2 years at a time. You can extend in steps of up to 2 years.
Yes. The law allows 10,500 new E-3 principals each fiscal year. Spouses and children do not count toward it.
E-3 is not a dual intent visa, so a green card filing needs careful timing. A partner-firm attorney can plan it, or a switch to H-1B or O-1 first.
Yes. Inside the US, the new employer needs a certified LCA and an approved Form I-129 before you start work for it. Talk to an attorney before you resign.
You may have up to 60 days in a row, or until your stay ends if sooner (8 CFR 214.1(l)(2)). You cannot work during that time unless something else allows it.
Want a green card later?
E-3 does not allow dual intent, so the order of steps matters. Check your O-1A, EB-1A or NIW fit for free, then plan with a partner-firm attorney.
Sources · checked October 2026
- USCIS: E-3 Specialty Occupation Workers from Australia (updated 07/29/2024)
- eCFR: 22 CFR 41.51(c) E-3 treaty aliens in specialty occupations
- eCFR: 8 CFR 214.2(h) Temporary employees
- 8 U.S.C. 1184(b), (g)(11), (h) and (i)(1) (Cornell LII)
- eCFR: 8 CFR 214.1(l) Period of stay and 60-day grace period
- USCIS Form G-1055 Fee Schedule, edition 10/01/26 (PDF)
- USCIS: How Do I Request Premium Processing? (updated 03/23/2026)
This page is general information, not legal advice. Rules and fees change; a partner-firm attorney confirms what applies to you before anything is filed.
