If you are interested in inviting an E-3 Treaty Alien in Specialty Occupation from Australia, please contact Shinsaeng Ko, Immigration and Policy Research Officer in International Services and Student Affairs (ISSA) at (269) 387-5873 or via e-mail at shinsaeng.ko@wmich.edu for more information.  Information available below is a general overview of the E-3 classification. 

To qualify for an E-3 visa, an applicant must demonstrate:

• that he or she must have a legitimate offer of employment in the United States
• that the position he or she is coming to fill qualifies as specialty occupation employment
• that he or she is an Australian citizen
• that he or she has the necessary academic or other qualifying credentials
• that his or her stay will be temporary (different from H-1B)
• if required before the alien may commence employment in the specialty occupation, he or she has the necessary license or other official permission to practice in the specialty occupation

Frequently Asked Questions

Q: What is an E-3 Visa?
A: The E-3 is a new visa category solely for Australians coming to the U.S. to work temporarily in a specialty occupation.

Q: Why are only Australians eligible for this visa?
A: The legislation limited the E-3 to nationals of Australia. 

Q: Who qualifies for the E-3 visa?
A: The new E-3 visa classification currently applies only to nationals of Australia as well as their spouses and children. E-3 principal applicants must be coming to the United States solely to work in a specialty occupation. The spouse and children need not be Australian citizens.

Q: Are there other requirements for qualifying for an E-3 visa?
A: Please contact Shinsaeng Ko, Immigration and Policy Research Officer in International Services and Student Affairs (ISSA) at (269) 387-5873 or via e-mail at shinsaeng.ko@wmich.edu.

Q: What is a specialty occupation?
A: The definition of a "specialty occupation" is one that requires (the same as H-1B):

1. A theoretical and practical application of a body of specialized knowledge, and
2. The attainment of a bachelor's or higher degree in the specific specialty as a minimum for entry into the occupation in the United States.

Q: How long is the visa valid?
A: The Department of State and the Department of Homeland Security have agreed to a 24-month maximum validity period for E-3 visas.  This validity may be renewed.

Q: What is the fee for an E-3 visa at a U.S. consulate overseas?
A: Other than the normal visa application fee, there is no separate filing/issuance fee.

Q: Is there a limit to the number of E-3 visas?
A: Yes, there will be a maximum of 10,500 E-3 visas issued annually.  Spouses and children of principal applicants do not count against the numerical limitations.

Q: Do applicants need to demonstrate a "residence abroad?"
A: E-3 status provides for entry on a non-permanent basis into the United States.  Similar to E-1 and E-2 visa applicants, the E-3 must satisfy the consular officer that s/he intends to depart upon termination of status.

Q: How do I demonstrate that I qualify for an E-3D (dependent) visa?
A: You must demonstrate to the consular officer that the established relationship exists. Usually this can be accomplished with a marriage or birth certificate.  You must also show the principle applicant is the recipient of an E-3 visa.

Q: May spouses work?
A: E-3 spouses are entitled to work in the United States and may apply for an Employment Authorization Document (Form I-765) through U.S. Citizenship and Immigration Services (USCIS).  Such spousal employment may be in a position other than a specialty occupation.

Q: Can I renew the E-3 visa? Is there a limit to the amount of times I can renew?
A: E-3 applicants are admitted for a two-year period renewable indefinitely, provided the alien is able to demonstrate that he/she does not intend to remain or work permanently in the United States.

Q: How do I apply for an E-3 visa?
A: Please contact Shinsaeng Ko for more information. 

Q: How long does an E-3 visa application take at a U.S. consulate?
A: The wait times at each Consulate vary, so check with your nearest Consulate to make an appointment.

THE E-3 APPLICATION PROCESS

All E-3 applications, including amendments, extensions, etc., require three steps (in the case of positions represented, Step 1 can be substituted by collective bargaining agreements). 

STEP 1:  ISSA will obtain a prevailing wage in the field for the type of position from DLEG (the Michigan Department of Labor & Economic Growth).  The E-3 employees must be paid at or above the DLEG prevailing wage determination, or the actual wage within the department/college, whichever is higher. 

STEP 2:  DOL must certify an LCA (Labor Condition Application) submitted by ISSA.  On the LCA, WMU attests to the terms and conditions of employment and agrees to abide by the labor conditions listed on the LCA.

STEP 3:  The prospective E-3 will make a visa appointment at the nearest U.S. consulate to obtain an E-3 (and E-3D visas for his/her dependents, if any).

Upon arriving in the U.S., he/she must make an appointment to meet with Shinsaeng Ko, Immigration and Policy Research Officer for immigration check-in.