E-3 Visa — Approved for Australian Professionals
A dedicated work visa exclusively for Australian citizens in specialty occupations.
About This Visa
The E-3 is a nonimmigrant work visa created by the U.S.–Australia Free Trade Agreement, available exclusively to citizens of Australia for specialty-occupation employment in the United States. It uses the same specialty-occupation framework as H-1B but with separate visa numbers, no lottery, and a typically faster path to issuance.
The annual cap is 10,500 visas for principal applicants (dependents do not count against the cap). The cap has historically gone unfilled, meaning E-3 visas are available year-round without a registration window. E-3 status is granted for up to 2 years and is renewable indefinitely in 2-year increments. The E-3D dependent visa carries automatic work authorization for spouses—no separate EAD application is required, which is among the strongest spouse-work-authorization rules in U.S. nonimmigrant law.
The E-3 is most commonly issued at a U.S. consulate or embassy abroad—not through a USCIS petition—which makes the consular interview the case rather than a side step. Managing Attorney Loren Locke, a former U.S. Foreign Service Officer who adjudicated thousands of visa applications, prepares E-3 applicants for the interview with an adjudicator's view of what reads as credible, what triggers further review under § 214(b), and what specific documentation to have ready beyond the standard packet. We do not file template petitions and we treat the consular interview as the primary case event, not paperwork.
Dedicated E-3 cap, which has historically gone unfilled. Combined with spouse work authorization incident to status, the E-3 is one of the strongest specialty-occupation pathways in U.S. immigration law for those who qualify.
Who Qualifies for an E-3?
Australian citizenship (dual citizens qualify; place of birth is not relevant)
Job offer from a U.S. employer in a specialty occupation requiring a U.S. bachelor's degree or equivalent in a directly related specific specialty
Beneficiary holds the qualifying degree, an evaluated foreign equivalent, or a qualifying experience-equivalency combination
Certified Labor Condition Application (LCA) at the correct prevailing-wage tier for the role and worksite
Professional license, where required for the specific occupation in the worksite state
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Schedule a ConsultationThe E-3 Process
Secure the Job Offer and Confirm Specialty Occupation
We confirm the offered position qualifies as a specialty occupation under the same framework H-1B uses (directly related degree, specific specialty). Borderline specialty-occupation determinations affect E-3 as much as H-1B; we evaluate fit before LCA filing.
Labor Condition Application (LCA)
The employer files Form 9035E via the DOL FLAG system and prepares the public-access file. The LCA must be certified before the consular application proceeds. Wage tier and worksite documentation matter as much for E-3 as for H-1B.
DS-160 and Consular Application
The applicant completes Form DS-160 and pays the $315 application fee. We assemble the consular packet—certified LCA, offer letter, degree credentials, evidence of nonimmigrant intent (E-3 is non-dual-intent), and any licensure documentation—and prepare the applicant for the interview using an adjudicator's perspective on what the post will look for.
Visa Interview and Entry
The applicant attends the interview at a U.S. embassy or consulate—most commonly Sydney, Melbourne, Perth, or another post depending on jurisdiction. After issuance, the applicant enters the U.S. and begins work for the sponsoring employer. Renewal interviews follow the same framework every two years.
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“By far the best immigration lawyer I have ever worked with. Loren was honest and realistic, went above and beyond what I would expect a lawyer's role to be, and has a willingness to do what it takes to help her clients.”
Sudarshan S. — Google Review ★★★★★
Loren Locke
Managing Attorney
Former U.S. consular officer in Matamoros, Mexico — adjudicated some 12,000 visa applications before founding Locke Immigration Law.
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Adjudicated 12,000+ visas at the U.S. Consulate, Mexico · Former U.S. Foreign Service Officer · J.D. William & Mary Law School
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