E-3 visa for Australians: specialty occupation work, the LCA and family

Who is the E-3 for, and who is it not for?

It is for an Australian national with a legitimate US job offer in a specialty occupation, who has the degree or other credentials for that job. The statute places it in the E family of treaty classifications at INA 101(a)(15)(E)(iii), but it has nothing to do with trade or investment: the E-1 and E-2 tests do not apply.

It is not for nationals of other countries, even if they live in Australia, and it is not for jobs that a person without a specialty degree could do. It is also temporary: you must intend to leave when E-3 status ends.

Sources: USCIS: E-3 Specialty Occupation Workers from Australia; 8 U.S.C. 1101(a)(15)(E)(iii) (INA 101(a)(15)(E)(iii)); 22 CFR 41.51(c)

What must be true?

The State Department regulation, 22 CFR 41.51(c), lists what the consular officer must be satisfied of. The USCIS E-3 page sets out the same points for petitions filed in the United States.

• Australian nationality.
• A specialty occupation. The statute defines it as work requiring theoretical and practical application of a body of highly specialized knowledge, and a bachelor’s or higher degree in the specific specialty, or its equivalent, as the minimum for entry into the occupation in the United States.
• A certified LCA: a copy of the Labor Condition Application signed by the employer, certified by the Department of Labor and filed to support an E-3.
• Your academic or other qualifying credentials for the position.
• A job offer letter or other employer document showing the work is in a specialty occupation and that you will be paid the higher of the actual wage or the prevailing wage.
• Any license or official permission the occupation requires before you start work.
• A visa number allocated under the annual E-3 limit (for visa applicants).
• Intent to depart when E-3 status ends.

Sources: 22 CFR 41.51(c); USCIS: E-3 Specialty Occupation Workers from Australia; 8 U.S.C. 1184(g)(11) and (i)(1) (INA 214(g)(11) and (i)(1))

What is the LCA?

The Labor Condition Application is the employer’s attestation to the Department of Labor about the job, including the wage. The statute makes the E-3 available only once the Secretary of Labor has certified that the employer filed that attestation, and the State Department regulation requires the applicant to present a copy signed by the employer. USCIS says the LCA must indicate that it was filed to support an E-3. The detailed LCA rules are Department of Labor regulations, which this guide does not cover.

Sources: 8 U.S.C. 1101(a)(15)(E)(iii) (INA 101(a)(15)(E)(iii)); 22 CFR 41.51(c); USCIS: E-3 Specialty Occupation Workers from Australia

Is there an annual cap?

Yes. The statute bars the State Department from approving more than 10,500 initial E-3 applications a fiscal year, counting principal workers only. Spouses and children do not count against it, and 22 CFR 41.51(c) repeats that they are outside the numerical limit. The official sources cited here do not say how close any year comes to the limit.

Sources: 8 U.S.C. 1184(g)(11) and (i)(1) (INA 214(g)(11) and (i)(1)); 22 CFR 41.51(c)

How the process works

There are two paths, run by different agencies.

• Visa at a US embassy or consulate. After the employer has the certified LCA, you apply for an E-3 visa and present the LCA, your credentials and the job offer letter to a consular officer, who decides whether you are classifiable as an E-3 and whether to issue the visa. A visa is permission to travel to a US port of entry and ask to be admitted; the period of stay is set at admission and shown on Form I-94, the arrival and departure record.
• Change of status or extension with USCIS. If you are already in the United States and maintaining another nonimmigrant status that allows a change, the employer files Form I-129, Petition for a Nonimmigrant Worker, with USCIS, with the LCA, your credentials and the job offer letter. Under 8 CFR 248.1 and 248.2, a change of status generally requires that you are still maintaining your current status, and some people cannot change at all, including Visa Waiver Program visitors and J-1 exchange visitors subject to the two-year home residence requirement without a waiver. A granted change of status or extension is status inside the United States. It is not a visa.

Sources: 22 CFR 41.51(c); USCIS: E-3 Specialty Occupation Workers from Australia; 8 CFR 248.1(a)-(b); 8 CFR 248.2(a)

How long can you stay?

USCIS lists an initial period of stay of two years, with extensions of up to two years each and no maximum number of extensions, with some exceptions it does not spell out on that page. 8 CFR 214.1(l)(1) adds up to 10 days before the validity period begins and 10 days after it ends, but you may not work in those extra days unless other rules authorize it.

If the E-3 job ends, USCIS may treat you as maintaining status for up to 60 days during the validity period. Under 8 CFR 214.1(l)(2), that grace period is available once per validity period, ends sooner if your authorized stay ends first, and can be shortened by DHS. It does not by itself allow work.

Sources: USCIS: E-3 Specialty Occupation Workers from Australia; 8 CFR 214.1(l)(1)-(2)

Changing employers

To change employers while in the United States, the new employer must get a certified LCA for the new position and file Form I-129, and you cannot start working for the new employer until USCIS approves that petition. The same form is used for an extension, or for a change in employment with the same employer.

Sources: USCIS: E-3 Specialty Occupation Workers from Australia

Can you plan for a green card on an E-3?

The E-3 is not a dual-intent classification. The statute presumes every nonimmigrant is an intending immigrant except a few listed classes (L, V and most H-1B workers), and E-3 is not among them. The State Department regulation separately requires intent to depart when E-3 status ends. How a later green card step affects a particular E-3 application depends on the facts and on the officer; the official sources give no fixed rule.

Sources: 8 U.S.C. 1184(b) (INA 214(b)); 22 CFR 41.51(c)

Forms and government fees

These are government fees only, and they change; check the official pages on the day you pay. Lawyer fees, credential evaluations and travel are separate. The official sources cited here do not list a Department of Labor fee for the LCA.

• Visa application fee: 22 CFR 22.1 lists $315 per person for an E category visa (eCFR issue of 21 October 2026, checked 26 October 2026). A reciprocity-based issuance fee can apply by nationality.
• Form I-129 for a change of status or extension in the United States: as of 19 October 2026, the USCIS fee schedule (Form G-1055, edition 10/16/26) lists $1,015 on paper or $965 online per E-3 petition, or $510 for a small employer or nonprofit, plus the Asylum Program Fee ($600 for most petitioners, $300 for a small employer, $0 for a nonprofit).
• Premium processing (Form I-907), optional: the same schedule lists $2,965 per E-3 petition, on top of the filing fees, where USCIS has announced premium processing for that benefit.
• Form I-765 for a spouse who wants a work permit card: optional, with its own fee.

Sources: 22 CFR 22.1, item 21 (nonimmigrant visa application fees); Form G-1055, Fee Schedule (edition 10/16/26), Form I-129 and Form I-907; USCIS: E-3 Specialty Occupation Workers from Australia

How long does it take?

No official source sets an E-3 timeline. LCA certification, visa appointment waits and USCIS review each take their own time. USCIS publishes current Form I-129 processing times on its processing-times page.

Family members, and can your spouse work?

Your spouse and unmarried children under 21 can hold dependent E-3 status. They do not need to be Australian.

A spouse in valid E-3 status is employment authorized incident to status, meaning they can work without first getting a separate permit. Since January 30, 2022, USCIS and CBP have issued spouses a Form I-94 with the code E-3S, which an employer can accept as evidence of work authorization for Form I-9. A spouse may still file Form I-765, with fee, to get an Employment Authorization Document (EAD) card, but it is not required. Children cannot work in E-3 status.

Sources: USCIS: E-3 Specialty Occupation Workers from Australia; 22 CFR 41.51(c)

Common problems

• A job whose real minimum requirement is a general degree, or no degree, rather than a degree in a specific specialty.
• An LCA that was not filed to support an E-3.
• Starting work for a new employer before USCIS approves the new petition.
• Working without a license or permission that the occupation requires.
• Assuming the 60-day grace period allows work. On its own, it does not.

Sources: 8 U.S.C. 1184(g)(11) and (i)(1) (INA 214(g)(11) and (i)(1)); USCIS: E-3 Specialty Occupation Workers from Australia; 8 CFR 214.1(l)(1)-(2)

How Visa Trouble can help

We can point you to official information, but we don’t assess or prepare E-3 applications. Free route discovery at Visa Trouble can show routes worth comparing if your plans go beyond this one. Visa Trouble is not a law firm and does not give legal advice.