The E-3 visa classification applies only for Australia citizens including their spouses and children. Spouses of E-3 applicants may work as well. You must come to the United States to perform services in a specialty occupation if you are applying for this type of visa. Petition for Non immigrant Worker Form, which is also known as the Form I-129, is used to apply for an adjustment of status to obtain E-3 non immigrant temporary worker classification. The visa is also renewable every two years for an indefinite period of time. Similar to an H-1B visa, the prospective employer will first apply for a “Labor Condition Application” (LCA) with the U.S. Department of Labor, with a note at the top of the form indicating it is for an E-3 visa for an Australian citizen. After the LCA is approved, the Australian citizen will then apply for the actual visa at a U.S. consulate and therefore will be able to enter the U.S.

For Australians who are already in the U.S. may also apply to change their status to an E-3 visa. Adjustment of status is not possible if the applicant has entered the country under the visa waiver program. However, if the applicant has entered on a different visa such as F-1, then a change of status is allowed.

For more information about E-3 visas, please feel free to contact us at +1 (212) 245-7070 or e-mail us at info@ogmenlaw.com. We will be happy to inform you, help you with your questions and take your first step together through this process.

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