Applying for an E-3 Visa Stamp From a US Embassy and then Entering the US in E-3 Status

To acquire E-3 status from abroad, an Australian citizen must first obtain an E-3 visa. No I-129 petition is necessary. Instead, the Australian employee presents the necessary evidence for classification directly to the US consular officer at the time of visa application, including:

• E-3 LCA certified by the US Department of Labor
• Appointment / Offer Letter from Temple University
• Documentation that the position qualifies as specialty occupation employment (under the same standards as an H-1B specialty occupation)
• Proof of Australian citizenship
• Proof that the stay will be temporary
• Proof that applicant has the necessary academic or other qualifying credentials
• Evidence that the alien meets any licensing or other occupational requirements
• Proof of payment of the Machine-Readable Visa fee

With an E-3 visa, an Australian citizen can then apply for admission to the U.S. in E-3 status at a U.S. port of entry.

Acquiring E-3 status if Applicant is in the U.S.

If the Australian citizen is already in the U.S. in another nonimmigrant category, the applicant can apply to change status to E-3 if otherwise eligible. To apply for change of status the following must be submitted to the Vermont Service Center:

• Form I-129 with I-129 fee
• Check for Premium Processing (Optional)
• E-3 LCA certified by the US Department of Labor
• Appointment / Offer Letter from Temple University
• Documentation that the position qualifies as specialty occupation employment (under the same standards as an H-1B specialty  occupation)
• Proof of Australian citizenship
• Proof that the stay will be temporary
• Proof that applicant has the necessary academic or other qualifying credentials
• Evidence that the alien meets any licensing or other occupational requirements

When processing a change of status to E-3 status in the US, keep in mind that the beneficiary cannot begin employment with the petitioner until USCIS approves the petition and changes the beneficiary's status to E-3.