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U.S. employers wishing to hire a foreign worker who is an
Australian citizen should consider the E-3 visa category. The
E-3 visa category is only available for Australian citizens. The
E-3 visa category permits Australian citizens to work in the U.S.
in "specialty occupations" on a temporary
basis.
Specialty occupations are those
which are professional in nature and require at least a
bachelor's degree in a specific field. In order to
qualify for the E-3 visa category, the Australian citizen must also
possess the required bachelor's degree or the equivalent in
education or work experience.
There is an annual limit of 10,500
new E-3 visas available to Australian citizens each year.
Under the E-3 visa category, an Australian citizen can obtain
employment authorization in two-year increments and renew
indefinitely. Spouses and children of E-3 visa holders are
also given E-3 visa status, but they are not counted against the
annual cap. Additionally, spouses of E-3 visa holders are
eligible to apply work authorization in the United
States.
In order to apply for the E-3 visa
category, an Australian citizen may apply directly at a U.S.
Embassy or Consulate. Alternately, an Australian citizen
already in the U.S. may apply to U.S. Citizenship and Immigration
Services to change his or her status to E-3 while in the
U.S.
An application for the E-3 visa
category must include the following:
Valid Australian passport as proof of citizenship;
A Labor Condition Application (LCA);
Offer letter of employment from a U.S. employer, detailing the
professional position and applicant's credentials; and
Proof of the applicant's qualifications, including degree,
diploma, and/or experience letters.
While there is a limit on the
number of E-3 visas available each year, the E-3 visa cap has not
been reached this year. Therefore, U. S. employers with
immediate hiring needs should consider the E-3 visa as a viable
option for hiring Australian citizens into professional
positions. Once employers have identified a potential
candidate, they should contact an immigration attorney to evaluate
whether the offered position and the candidate's credentials
meet the E-3 visa requirements.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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