E-3 visa for Australians

LiveRec EditorialUpdated

US federal rules as of October 30, 2026. Sources re-checked against official pages on October 30, 2026. Where a figure could not be confirmed, this page links the official source instead of stating it.

The E-3 visa is a temporary US work status for Australian citizens with a job offer in a specialty occupation, normally requiring a bachelor's degree in the specific field. There is no lottery. The employer files a Labor Condition Application; you apply at a US consulate or the employer files Form I-129 to change status.

What are the steps?

  1. The employer obtains a certified LCA from DOL, filed for E-3.
  2. From outside the US, you apply for the visa at a US embassy or consulate with the certified LCA, degree evidence, a job offer letter and proof your stay is temporary.
  3. From inside the US, the employer files Form I-129 to change or extend status.

How long does it last?

Up to 2 years at a time, extendable with no maximum number of extensions, with some exceptions.

Is there a limit?

There is an annual limit on principal E-3 visas. USCIS guidance documents (older than 2020) put it at 10,500, and spouses and children do not count against it, but the current USCIS E-3 page does not restate the number, so check the current figure on the State Department E-3 page.

Family

Spouse and unmarried children under 21 may hold dependent E-3 status. Qualifying spouses are authorised to work; children are not.

What does USCIS require?

USCIS says the E-3 classification applies only to nationals of Australia. You must be coming to the US solely to perform services in a specialty occupation, which requires 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 a minimum for entry. You must show that you:

  • are a national of Australia;
  • have a legitimate offer of employment in the US;
  • have the necessary academic or other qualifying credentials; and
  • will fill a position that qualifies as a specialty occupation.

What goes in the Form I-129 package?

For a change or extension of status from inside the US, USCIS says the Form I-129 should include:

ItemDetail
Labor Condition Application (LCA)Must show it was filed to support E-3 classification
CredentialsAcademic or other credentials for the position
Job offer letterShows a specialty occupation and that you will be paid the higher of the actual or prevailing wage
LicenseIf required, you must have it before you start work in the specialty occupation

Can I change employers?

Yes, with a new petition. USCIS says the new employer must obtain a certified LCA for the new position and properly file Form I-129, and the petition must be approved before you are authorized to work for the new employer. USCIS may consider you to be maintaining E-3 status after you stop working for up to 60 days during the period of petition validity. Plan the dates with the employer's attorney before you resign. See also H-1B transfer for how a comparable move works in that category.

Can my spouse work?

USCIS says spouses of E-3 workers in valid E-3 or E-3S status are employment authorized incident to status. They may show an unexpired I-94 with E-3S notation, or an Employment Authorization Document if they choose to file Form I-765. Children may not be employed in the US.

Common mistakes

  • Filing the LCA for a different classification. It must be filed to support E-3.
  • Starting at a new employer before the Form I-129 for that employer is approved.
  • Skipping a required professional license.
  • Assuming your own country's degree level is enough without credentials evidence.

FAQ

Can I move from E-3 to a green card? Possible if sponsored. See green card overview.

Does E-3 count against the H-1B cap? No. The E-3 has its own annual limit. Confirm with the employer's attorney.

Is the E-3 only for Australians? Yes. USCIS says it applies only to nationals of Australia.

How long is the first stay? USCIS lists an initial period of 2 years, with extensions of up to 2 years each and no maximum number of extensions, with some exceptions.

How many E-3 visas are there? DOL's FLAG site says current law limits the annual number of E-3 visas to 10,500 for Australian nationals seeking work in specialty occupations, and refers to USCIS and the State Department for details.

Do I need a lottery registration? The USCIS E-3 page describes an LCA and a petition or visa application, not an H-1B-style registration.

Next step: Find roles open to E-3.

Sources

This is general information, not legal, tax or immigration advice. Rules change and your situation may differ. Consult a licensed attorney or qualified adviser.