E-3 Visa: High-Availability US Work Visa for Australians

The E-3 visa offers a valuable opportunity to bring in top talent from Australia for specialty roles. It offers key advantages over other work visas, such as high availability, lower fees, unlimited renewals, and work rights for spouses without extra paperwork or delays.

But even a straightforward E-3 case can pull your team away from high-impact work. It involves steps like filing a Labor Condition Application and confirming that the role qualifies as a specialty occupation.

Without the guidance of immigration experts like Deel, it’s easy to lose time or make errors that stall critical hires.

Deel Immigration has a 98%+ approval rate. Our in-house immigration attorneys manage the full process and keep you updated in real time. We go beyond the basics with relocation support, proactive renewal alerts, and a centralized dashboard to keep every detail organized.

This guide will walk you through the E-3 process, including eligibility criteria, application process, and other essential details.

See also: Best Work Visa Services for Global Teams: What To Look For

What is an E-3 visa?

The E-3 visa is a non-immigrant work visa designated for Australian nationals who want to enter the United States to take up a role in a specific specialty occupation.

This is defined as a role that typically requires a bachelor’s degree or higher as a minimum for entry into the occupation. It must also involve the theoretical and practical application of highly specialized knowledge in fields such as science, engineering, or information technology.

Examples of specialty roles might include cybersecurity professionals, architects, or accountants. However, there is no official, definitive list of such professions. You can make a strong case for any complex role, provided the other criteria are met.

See also: 8 Ways HR Technology Helps To Unlock Global Mobility Success

Who is eligible for the E-3 visa?

The E-3 visa allows Australian nationals to work in specialty occupations in the United States. To be eligible for an E-3 visa, applicants must meet these three criteria:

• Australian citizenship: Be a national of Australia
• Job offer: Have a legitimate offer of employment in the United States in a specialty occupation. They should back this up with evidence in writing
• Educational qualifications: Possess a bachelor’s degree in the field of specialty or its equivalent. One of the benefits of the E-3 visa is that immigration officers understand how Australian qualifications compare to US standards, so extensive credential evaluation is often unnecessary

E-3 applicants can apply externally or from within the US. If in the US, applicants must complete a form I-129 (Petition for Nonimmigrant Worker), which allows them to apply for a change of status from a temporary visa, or to extend an existing E-3 visa.

If you are using Deel Immigration, a free built-in Visa Eligibility Checker is accessible from the dashboard. It allows you to verify that an employee or potential new hire meets visa requirements before creating or updating their contract.

Deel’s Visa Eligibility Checker provides results in 48 hours and projects expected costs and timelines.

See also: Global Mobility for Organizations: Benefits, Challenges, and Solutions

How does the E-3 visa differ from the H-1B visa?

While the E-3 visa is similar to the H-1B visa, it is exclusively for Australian nationals and has several distinct elements and advantages:

• Lower application fee: The E-3 visa has a lower application fee compared to the H-1B visa. At the time of writing, the first-time application fee for an E-3 visa is $315, compared to the H-1B petition filing fee of $730 for online filing, $600 Asylum Program Fee, $500 Fraud Prevention and Detection Fee, and a $1,500 ACWIA fee
• Spousal work authorization: Spouses of E-3 visa holders automatically receive employment authorization through incident of status. H-1B spouses must file Form I-765 to request work authorization
• Indefinite renewability: The E-3 visa is initially issued for two years and can be renewed indefinitely in two-year increments. The H-1B visa has a maximum duration of six years

One thing to note is that the E-3 visa is not a shortcut to obtaining a green card. However, E-visa holders can apply for green card status after living in the US for several months.

See also: H-1B Visa: Complete Guide from Immigration Experts

How would a job qualify as a specialty occupation?

For a job to qualify as a specialty occupation under the E-3 visa, it must meet three key criteria:

• Educational requirement: The position should require the attainment of a bachelor’s or higher (or its equivalent) in a specific field of study
• Specialized knowledge: The role should necessitate highly specialized knowledge and typically falls within professions such as accounting, engineering, sciences, or information technology
• Theoretical and practical application: The job must involve the theoretical and practical application of a body of highly specialized knowledge

It’s best to consult with a specialist immigration service if you are uncertain whether the role will be eligible for this visa application route.

Attorney fees can be expensive when taken as a separate service. But with Deel Immigration, you can connect with our in-house immigration lawyers directly from the dashboard with just a click and at no extra cost. You’ll receive expert guidance on job eligibility, along with personalized recommendations.

Discover how TalentQL simplifies immigration with Deel. Leaving visa applications in Deel’s hands enables the team to stay focused on high-impact activities.

What is the process of applying for the E-3 visa and the required documents?

The E-3 visa requires sponsorship from a US employer (or “petitioner”). If you don’t yet have a sponsor license, Deel can help you obtain one.

We’ll assess your eligibility, handle the application process, and submit all required documents to ensure you’re fully licensed and ready to sponsor global talent.

Once you are qualified as a petitioner, the E-3 visa application process involves several steps:

• Labor condition application (LCA): Submit an LCA through the US Department of Labor’s Foreign Labor Application Gateway (FLAG). The LCA confirms that hiring the foreign national will not negatively impact the wages or working conditions of US workers in similar roles
• Online nonimmigrant visa application (Form DS-160): The employee must complete Form DS-160 online through the Consular Electronic Application Center website
• Visa interview: The applicant must schedule and attend a visa interview at a US Embassy or Consulate. They should bring all required documents, as outlined below:
  • Proof of Australian citizenship
  • The job offer letter
  • Proof of academic or trade qualifications
  • Approved LCA documentation

There are US consular visa units in the following Australian cities:

• Sydney: Suite 2/50 Miller Street, North Sydney, NSW 2060. Tel: +61 2 8219 2100
• Melbourne: 553 St Kilda Road, Melbourne, Victoria, 3004. Tel: +61 3 9526 5900
• Perth: 4th Floor, 16 St George’s Terrace, Perth, WA 6000. Tel: +61 8 6144 5100

With Deel Immigration, we provide end-to-end support in the application process. This includes preparing and organizing your evidence to build a strong case, coordinating visa interview scheduling, and facilitating fast consular visa stamping.

From your dashboard, you and your employee get live updates on application progress. You can also view upcoming steps and their expected timelines for better planning. If you need help, you can schedule a one-on-one meeting with your case manager directly from the dashboard.

Discover how Nomic secured an important international hire by processing their visa quickly and compliantly through Deel Immigration.

See also: A Guide for Enterprise Businesses: EOR Sponsored Visas

Is the E-3 visa the best option for hiring a foreign worker?

The E-3 visa could be the best fit for hiring a foreign worker if:

• The candidate is an Australian citizen
• The job qualifies as a specialty occupation, requiring a degree or higher in a directly related field
• The job is expected to be long-term—the E-3 visa’s indefinite renewability will be advantageous
• You want to reduce processing costs

See also: How to Get a US Work Visa for a Foreign Worker

How many E-3 visas are available annually?

Each year, the US government sets a cap of 10,500 E‑3 visas for Australian nationals in specialty occupations. This cap does not include spouses and eligible children of E-3 visa holders. If the cap is reached, applicants must wait until the next fiscal year to apply.

However, the cap has never been reached since the program began. It’s unlikely to affect your ability to hire.

How long does an E-3 visa last, and can it be renewed?

The E‑3 visa is initially granted for up to two years. It can be extended indefinitely in two-year increments, provided the employee continues to meet eligibility and the terms of employment remain the same.

To extend your employee’s E‑3 status, you’ll need to file Form I‑129 with USCIS. You can submit this form up to 180 days before their current status expires. If approved, the extension will begin immediately after the current E‑3 status ends, allowing for uninterrupted employment.

See also: Easy Visa Renewal: 4 Steps for Enterprise Workforce

Can spouses and children work and study on an E-3 visa?

The spouse and children (under 21 and unmarried) of the principal applicant can accompany them to the US. The spouse is eligible to apply for work authorization and can work in any field.

E-3 visa holders’ children are not eligible to work while in the US. Plus, once they turn 21, they are no longer considered dependents and must apply for their own visa to remain in the country.

Deel helps you support your employees’ family relocation. We handle the visa process for dependents, from gathering and submitting their documents to working with government officials and agencies.

Beyond the visas, employees can access discounted relocation services. This includes housing, transportation, connectivity, finance, and even pet relocation (woof!). A smooth transition for their family means they can get to work sooner.

See also: How to Build a Relocation Package for Equal Opportunities

What are the potential legal or compliance issues of the E-3 visa?

As an employer, you must stay compliant with US immigration and labor regulations when hiring E‑3 workers. Key areas to watch include:

• Prevailing wage: Offer a salary that meets or exceeds the prevailing wage for the occupation in the relevant sector, as determined by the Department of Labor
• Employment laws: Follow all US employment laws and avoid discriminatory hiring practices. Ensure the E‑3 position doesn’t displace qualified US workers
• Documentation: Maintain clear records that support the employee’s job offer, qualifications, and visa status
• Filing timelines: Plan ahead to avoid missing filing deadlines. Keep in mind that processing delays can occur due to seasonal demand or changes in the political or economic climate

Failure to comply with these regulations can lead to legal penalties and visa revocation.

See more: How Large Organizations Scale Global Talent Deployment

Fast-track the E-3 visa process with Deel Immigration

You don’t have to pause critical work to manage visa paperwork. Deel handles the entire E-3 process for you.

We combine in-house team immigration specialists, real-time tracking, and a centralized dashboard for fast, compliant, and transparent applications.

In a nutshell, Deel supports you in:

• Eligibility checks so you know upfront if the E-3 is the right fit
• Preparation and submission of required documentation
• Managing the full visa process led by a dedicated case manager
• Real-time progress tracking with clear timelines and next steps
• Compliance-first processing backed by in-house immigration attorneys
• Ongoing support for visa renewals, including expiry alerts
• Centralized document storage

Schedule a free consultation to see how Deel can help you achieve your hiring and immigration goals.