Who this is for
- Australian citizens (Australian permanent residents who are not citizens generally do not qualify)
- People with a genuine job offer from a U.S. employer in a specialty occupation
- People who hold a U.S. bachelor's degree or higher, or a foreign equivalent, in a field related to the job
- People with any license the job requires in the state where they will work
- People who intend to leave the U.S. when their E-3 status ends
Forms involved
| Form | Official name | What it does |
|---|---|---|
| ETA-9035 | Labor Condition Application | Filed by the employer with the Department of Labor to confirm wage and working-condition commitments before the visa or petition. |
| DS-160 | Online Nonimmigrant Visa Application | The visa application the worker and family members complete before the consular interview. |
| I-129 | Petition for a Nonimmigrant Worker | Filed by the employer with USCIS to extend E-3 status, change employers, or change into E-3 status from inside the U.S. |
| I-539 | Application to Extend/Change Nonimmigrant Status | Used by E-3 dependents already in the U.S. to extend or change their own status. |
Step by step
- Confirm the job is a specialty occupationThe employer checks that the role usually requires a degree in a specific field and that the worker's degree matches it.
- Employer files the LCAThe employer submits a Labor Condition Application to the Department of Labor, promising to pay at least the required wage and follow posting rules.
- Apply for the visa at a consulateWith the certified LCA and job offer, the worker completes the DS-160 and attends a visa interview, usually without a USCIS petition.
- Enter the U.S. and start workThe worker presents the visa at entry and is admitted in E-3 status for a set period.
- Bring family as dependentsA spouse and unmarried children under 21 can usually apply for dependent visas; they do not need to be Australian citizens.
- Extend or change employersThe employer files a new LCA and Form I-129 with USCIS, or the worker applies for a new visa abroad. E-3 status can generally be extended in increments with no fixed lifetime limit.
Documents usually requested
- Australian passport
- Certified Labor Condition Application (LCA)
- Job offer or employer support letter describing duties, pay and length of employment
- Degree certificates and transcripts, with a credential evaluation for non-U.S. degrees
- Professional license, if the job requires one
- Résumé and evidence of work experience
- DS-160 confirmation page
- Marriage and birth certificates for dependent family members
How long it takes
Timing depends on how quickly the LCA is certified, consular appointment availability, and, for extensions, the USCIS service center and whether premium processing is used. See the USCIS processing times page for current estimates.
Government filing fees
The State Department charges a visa application fee for the E-3 visa, and Form I-129 carries a USCIS filing fee when used for an extension or change; premium processing is optional and extra. Fees change, so check the USCIS fee schedule (G-1055) and the State Department fee pages.
Working and traveling while you wait
An E-3 worker may work only for the sponsoring employer in the approved role. E-3 spouses are generally authorized to work incident to their status, usually shown by an I-94 record with a spouse annotation, while children cannot work.
Common mistakes to avoid
- A degree field that doesn't clearly relate to the job duties
- Applying for the visa before the LCA is certified
- Starting work for a new employer before the new E-3 is approved
- A spouse assuming they can work without checking that their I-94 shows the spouse designation
- Statements or plans that suggest the worker intends to stay permanently
How MyUSVisa helps
- Answer a guided questionnaire in your language and upload your documents once — we read, sort and assemble them into a clear case file and timeline.
- Your organized case is offered to licensed U.S. immigration attorneys who handle this type of case. Interested attorneys send you offers, and you compare and choose — or don't.
- Once you choose, you and your attorney work in one place: messages, documents, deadlines and automatic USCIS status updates, on the web and in the mobile app.
Frequently asked questions
Is there a cap or lottery for the E-3 visa?
There is an annual numerical limit, but it has historically not been reached, so there is generally no lottery. Applicants usually do not need to wait for a visa number to become available.
Do I need a USCIS petition to get an E-3?
Usually, no, if you apply from outside the U.S. Most first-time E-3 workers apply directly at a U.S. consulate with a certified LCA. A USCIS petition on Form I-129 is generally used for extensions and changes inside the U.S.
Can my spouse work on E-3?
In general, yes. Spouses of E-3 workers are considered authorized to work because of their status, and the I-94 record is usually annotated to show it. The spouse does not need to be Australian.
How long can I stay on an E-3?
E-3 status is granted for a limited period and can usually be extended or renewed in increments with no set maximum number of renewals. Each renewal requires a new LCA and continued temporary intent.
Can I change employers on an E-3?
Yes, but the new employer generally needs its own LCA and approval before you start working there. This is usually done through a new I-129 petition or a new visa application abroad.
Can an E-3 lead to a green card?
It can, but it requires care. E-3 is a temporary visa, so starting a green card process may affect renewals and travel; an attorney can explain timing and options.
Official sources
Last reviewed: October 2026
This guide is general information, not legal advice, and reading it does not create an attorney–client relationship. Immigration rules, forms and fees change often — always check the official sources above. MyUSVisa is not a law firm and is not affiliated with USCIS or any government agency; legal advice comes only from the licensed attorney you choose.