The E-3 visa: how Australians get to work in the US

The E-3 is a US work visa that only Australians can get. It's quicker and simpler than the famous H-1B, but it has rules that catch people out.

The short version

• The E-3 is for Australian nationals with a US job offer in a specialty occupation, usually one that needs a bachelor's degree or equivalent [1][2].
• Your employer files a Labor Condition Application (LCA) with the US Department of Labor, which must make a decision within 7 working days [4].
• Up to 10,500 new E-3 visas can be issued each fiscal year; spouses and children don't count towards that limit [5].
• You're admitted for two years at a time, and extensions of up to two years each have no set maximum [2].
• The visa application fee is US$315 [1]. Since September 2025, interviews must generally be in your country of nationality or residence [6].

Who qualifies

The E-3 was created specifically for Australia, and the Department of Labor dates the program to 11 May 2005 [3]. To qualify, you need all of the following [1][2]:

• Australian nationality. Your spouse and children don't need to be Australian [1].
• A real US job offer. No offer, no E-3. You can't apply speculatively.
• A specialty occupation. The role must genuinely require a degree in a specific field. Think engineer, accountant, software developer, architect, designer, scientist or teacher.
• The right qualifications. A degree, or education plus work experience assessed as equal to the required US degree [1][5].
• A licence if the job needs one. If the state requires a licence to practise, you need it, or proof you'll get it within a reasonable time after you arrive [1].
• Intent to leave when your status ends. You don't have to keep a home in Australia; selling your house and shipping your furniture is fine. What matters is a clear intent to depart at the end of your E-3 status [5].

Part-time roles can qualify too, as long as the LCA covers part-time work [5].

E-3 vs the alternatives

How the process works

Here's the usual order of play when you're applying from Australia.

1. Get the offer in writing. Your US employer issues an offer letter covering the job title, duties, salary and start date [1].
2. Your employer files the LCA. The Labor Condition Application (Form ETA-9035E) is filed with the Department of Labor, and the E-3 program follows the same labour standards as the H-1B [3][5]. DOL must decide within 7 working days of receiving it [4].
3. Fill in the online visa form and pay the fee. The non-refundable application fee is US$315 [1]. An extra issuance fee may apply depending on nationality [1].
4. Book your interview. In Australia, non-immigrant visa applications are handled by the US Consulate General in Sydney, with Melbourne and Perth also part of the network [7]. The embassy says interview waivers are rare [7].
5. Bring your documents. The certified LCA, your offer letter, degree certificates and transcripts, any required licence, and your marriage certificate if your spouse is coming [1].
6. Fly in and get admitted. At the border you're admitted for up to two years [2].
7. Sort your Social Security number. Apply online, then attend a Social Security office with your passport and I-94. You can start work before the number arrives [8].

Note that there's no USCIS petition step for a first E-3 applied for at a consulate [5]. That's a big reason it moves faster than many other US work visas.

The visa integrity fee

US legislation passed in 2025 created a new "visa integrity fee" of at least US$250 for many non-immigrant visas, on top of existing fees [10]. At the time of reporting, implementation details and timing were unclear [10]. Check the US Embassy's current fee list before you budget.

Spouses and children

Your married spouse and unmarried children under 21 can come with you on E-3 dependant visas, and they don't need to be Australian [1]. Two catches:

• De facto doesn't count. The US doesn't recognise de facto relationships for immigration, so you'll need a marriage certificate [1].
• Work rights. Your spouse is entitled to work in the US, but your children aren't [2]. USCIS guidance on how a spouse proves work rights has changed over the years, so check the current USCIS page before your spouse starts a job [2].

Renewals, job changes and the 60-day buffer

Renewing

E-3 status comes in blocks of up to two years, and USCIS sets no maximum number of extensions [2]. A renewal needs a new LCA [3]. You can extend inside the US through USCIS with Form I-129, or get a new visa stamp abroad, which follows the same process as a first application [1][2].

Changing employers

The E-3 is tied to your employer. To switch jobs, the new employer needs its own certified LCA and must file Form I-129, and you can't start the new job until that petition is approved [2]. Don't resign until the paperwork is in place.

If you lose your job

USCIS may treat you as maintaining E-3 status for up to 60 days after your employment ends, within your authorised stay [2]. That gives you a window to find a new sponsor, change status or leave. Use it wisely and get advice early.

Common traps

• Working on an ESTA. Even unpaid work or volunteering on an ESTA is off limits [6]. Don't start "onboarding" before your E-3 is in place.
• Planning a quick interview in Canada or Mexico. Smartraveller notes that since September 2025, non-immigrant visa interviews must be scheduled in your country of nationality or residence [6]. Australians in the US should plan renewal trips home, or extend through USCIS instead.
• Saying you want a green card. The E-3 is temporary. You need to show an intent to leave when your status ends [1][5]. If permanent residence is your goal, talk to an immigration lawyer about the timing.
• Assuming the job title is enough. It's the duties and the degree link that matter. A "manager" title without a specialist degree requirement can fail.
• Forgetting tax. Once you pass the IRS substantial presence test, broadly 183 weighted days over three years with at least 31 in the current year, you're taxed as a US resident [9]. Your Australian tax residency may change too. Our guide to Australian tax residency after you move covers the home side.

Where to get help

Your employer usually pays for the LCA and often an immigration lawyer. If you're paying yourself, use a qualified US immigration attorney rather than a visa agent. Then come and swap stories in Cooee USA, our Facebook group for Australians in the USA, where plenty of members have done their E-3 interviews in Sydney.

Sources

1. Treaty Trader & Treaty Investor and Australians in Specialty Occupations – US Department of State
2. E-3 Specialty Occupation Workers from Australia – US Citizenship and Immigration Services
3. E-3 Program – US Department of Labor, Wage and Hour Division
4. 20 CFR 655.740: What actions are taken on labor condition applications? – eCFR
5. 9 FAM 402.9: Treaty traders, investors and specialty occupations – US Department of State Foreign Affairs Manual
6. USA travel advice and safety – Smartraveller (DFAT)
7. Important visa information – US Embassy and Consulates in Australia
8. Foreign workers and Social Security numbers – Social Security Administration
9. Substantial presence test – Internal Revenue Service
10. Travelers to the US must pay a new $250 visa integrity fee – NBC San Diego / CNBC

Keep reading

• Moving to Los Angeles from Australia: the complete guide
• Renting in Los Angeles as an Australian
• Building a US credit history from scratch
• Are you still an Australian tax resident once you move?