E-3 is a visa category reserved for Australian nationals seeking to enter the US to preform services for an employer in a specialty occupation (similar to the H-1B visa category). The petitioning U.S. employer is required to file a Labor Condition Application with the U.S. Department of Labor and, upon certification, the applicant may apply for his or her E-3 visa at a US Consulate in Australia along with a support letter from the employer.
The advantage of this visa category is that employer does not need to file a petition with the USCIS as the foreign national can simply apply for the E-3 visa at a Consulate abroad. Another benefit is that E-3 spouses, also in E-3 status, can work in the U.S. pursuant to an approved Employment Authorization Document (EAD) issued by the USCIS. E-3 visa holders are admitted into the U.S. in increments of two years and there is no prescribed maximum amount of times the E-3 status can be extended. However, it is important to note that the dual intent doctrine does not apply to holders in this visa category.
July 11, 2022USCIS Announces Rescission of Matter of Z-R-Z-C- as an Adopted Decision
On July 1, 2022, USCIS released a policy memorandum rescinding Matter of Z-R-Z-C– as an Adopted Decision and providing updated guidance on…More