162 thoughts on “E3 Visa – The Bachelors Degree & Specialty Occupation Conditions”

1. have an urgent E3 Query.

   Q – I have been ‘let go’ by my previous employer and I’ve found a new employer who I can transfer my E3 visa to. The new employer is a boutique consulting firm who have never dealt with an E3 visa. What is the EXACT process of how my E3 visa can be transferred to the new employer. I’ve only got 8 more days to do the transfer process.
   I understand that the new employer needs to file the form ETA 9035 with the Dept of Labor and something to do with the I 129 form. I’d like to help out my new company with this procedure but it’s hard to find the exact process as to what is to be done. Who should do what first?

   Do we need an attorney to do this ? Or can this be done on our own ?
   Is there a help line (eg; EBISS or USCIS that can help with the step by step process)

2. Hi,
   Congratulations on finding a new job so quickly in this economy after your setback!
   The exact process is stated in https://visacoach.org/2009/03/02/extending-renewing-or-changing-employers-on-your-e3-visa/ and relates as you say to filing a new 9035 form with the Department of Labor to get a LCA and filing I-129 with the USCIS. The truth is the USCIS almost certainly wont do their part in time you have left so your best (and cheaper) option would be just to get a new E-3 visa and maybe just fly off to Canada and do it there as it will probably be a lot faster and like I said cheaper in terms of USCIS processing fees.
   Good Luck,
   CJ

3. What is the easiest way to start work in the USA with E-3 an accountant?

   Getting a job in the USA while living in a foreign country would be difficult. I can think of two alternatives though:

   1. Employed by a recruitment firm (eg Michael Page, Hays, etc), but initially on an income of nil until they can find you either temporary or permanent work. The worker would remain an employee of the recruitment firm.

   2. Travel to USA as a tourist, find a job, then go to either Canada (hopefully) or Australia to apply for the E-3.

   Please let me know your thoughts on the above, and any other suggestions

4. Great blog.
   Just a question regarding how you can verify that your Australian degree is equal to that of a US degree? Or is that even necessary for Australian degrees.
   Thanks so much.

5. Hi Dion,
   I have many posts on this exact topic and you are right it is difficult to organize from abroad; Try these posts –
   1. https://visacoach.org/2009/01/19/which-are-the-best-places-to-find-a-job/
   2. https://visacoach.org/2009/03/18/e3-visa-jobs/
   3. https://visacoach.org/2009/05/03/how-to-get-a-job-on-the-e-3-visa/
   4. https://visacoach.org/2009/02/09/how-to-explain-the-e3-visa-to-a-potential-employer/
   5. https://visacoach.org/2009/02/18/what-is-the-e3-visa/

   Also on the the all posts tab you will see many other relevant posts as well as posts on the H-1B visa which is also in the main relevant to the E-3 visa as well as indirect routes via the J-1 visa or F-1 visa.

   On your 2 specific ideas, no.2 is definitely a route that people take but definitely do some preparation work prior to arriving in the US to keep your costs lower. No.1 becomes a bit risky as the company that employs you has to be approved by the Department of Labor and commit to paying you a certain wage depending on your profession and location (essentially this is the same average type of wage a US worker would get for performing the same role in the same area)

   Good Luck,
   CJ

6. Hi Lexi,
   Thanks for the complement.
   Yes your Australian bachelors degree will suffice and is considered equivalent for this purpose.
   CJ

7. Hi CJ,

   You’re a legend. Couldn’t agree more with Lexi, this is by far the most helpful site regarding E3 Visa that I’ve come across in my whole 6 months of ‘organising’.

   Hopefully you can help with the following – I’ve been trying to find answers to these q’ns for a while now:

   1) How many E3 Visa’s have been issued this year so far (i.e. has the 10,500 annual quota been filled yet?) – Where could I find such info?

   2) What kind of job offer would I require to be issued an E3 Visa?
   In the US a lot of jobs (in finance particularly) start out as a 6-12 week contract before you get a ‘permanent’ job offer. Would that mean I get an E3 visa for the contract period and then apply for another E3 visa after I get a permanent offer? or would I have to get a permanent offer straight up to qualify?

   Thanks again!

8. hi,

   I have 2.5 TAFE diplomas as well as 6 years of work experience in the field – do you think this would suffice to the equivalent of a bachelors degree??

9. Hi,
   Thanks for the complement it is always nice to hear although legend maybe going a little too far 🙂 I did want to demistify the E3 visa and others as best as I could for people.

   For your first question the answer is unknown. One year they published a figure on the Canberra US Embassy E3 Visa FAQ site. I mean you could try ringing the USCIS in the US who would be the ones to keep record of such figures. Most importantly that quota has never been reached in any year (October to September) and from all reports never even been close. I have never even heard of half the quota being achieved in 1 year.

   In terms of your second question it would have to a full offer. However most often in the US you are right jobs usually have a 60-90 day probation period but that is viewed is OK. As it is assumed that if you are competent, dilligent and qualified. you will continue on past the initial 3 months. So it would be one E-3 visa as this would be considered a permanent offer.

   CJ

10. Hi Jo,
    To be honest it would be considered borderline as I am not sure how they would view the TAFE diplomas. As a rule of thumb it is 3 years relevant work experience for each year of a bachelor degree. So this would be 9-12 years of work experience to equate to a 3 year or 4 year Bachelor Degree. So as I said I guess it depends on the person assessing you at the consulate and of course whether the position you are applying for requires a bachelor degree for the role and deems your experience and certifications adequate as a substitute to offer you a position.
    I wish I could be more definitive for you but just am not totally sure in your case.
    Good Luck,
    CJ

11. Hi Richa,
    I am not sure why this didn’t post properly the first time but here goes again 🙂
    Congrats on finding a new employer so soon after your setback, that is a great effort.
    You are correct about the procedure filing the ETC 9035 form and then after receiving your LCA from the Department of Labor and then filing the I-129 to the USCIS.
    You don’t need an attorney to do this but many use it for peace of mind. Although for me paying thousands of dollars in legal fees isn’t my kind of peace of mind 🙂
    You can call the USCIS as well on their number 1-800-375-5283 and read our post on this topic https://visacoach.org/2009/03/02/extending-renewing-or-changing-employers-on-your-e3-visa/.
    Good Luck,
    CJ

12. i am renewing my E3 visa. Do i need my employer to file a I-129 to the USCIS?…on the US embassy website, it does not specify that I need an I-129.

13. Hi Amy,
    Yes you do need to file the I-129 to the USCIS for renewal if within the US.
    CJ

14. i am going to London US embassy to get my new visa….do i need to file I-129 i if i do that? I have an LCA.

    Thanks so much!

15. Hi Amy,
    If you are getting a new visa it is just like the original time you got your E3 visa so yes it is just the LCA.
    Good Luck,
    CJ

16. Hello,

    Firstly, just want to compliment you on a truly fantastic website – great job!

    I’m currently in the US on 3-month visa waiver for interviews with prospective employers. I have fulfill all requirements relating to a Bachelor degree and have 7 yrs of relevant work experience in my area of expertise being implantable medical devices. However, one question that keeps coming up is -> How long does it take to get approval via the Dept of Labor (DOL) authorization, and also the visa once an interview has been completed?
    Also I’ve been on the relevant USCIS websites and am slightly confused on what exact forms are needed at the consulate interview. What else besides the following are needed: DS-160 (completed online), DS-156, DS-157, DOL printed and completed, relevant academic transcripts and proof of degrees. Furthermore, I assume that I must leave the US and go to Canada or AUS for the consulate interview?

    Any help would be greatly appreciated.
    Thanks in advance
    Warren Klibbe

17. Hi,

    I would like to find out whether one is allowed to study full time, together with working full-time on an E-3 visa. Say, if you work from 9-5pm and study every night from 6-10pm as well as on weekends. Is this allowed? I haven’t seen any restrictions on the E-3 that would say it’s not.

    Thanks.

18. Hi Warren,
    As always thank you for the kind words.
    You pretty much cover all the documents you need. The for ETA-9035(E) you file with the Department of Labor to get the the LCA usually is pretty quick to get back (matter of days) if filed online. This is the only thing you need to do via the employer
    This covers all the documents you need; https://visacoach.org/2009/02/18/what-is-the-e3-visa/ and it pretty much is the same as you mention.
    You do have to outside the US to apply for the visa at a US Consulate since you are on the Visa Waiver Program.
    Good Luck,
    CJ
    PS. Remember to pay for Visa fees prior to going to Interview (in Australia it is at Australia Post)

19. Hi Elizabeth,
    The answer to your question is not entirely clear as it not explicitly stated anywhere as far as I am aware. However to study full time at a US college, there is a number of requirements they will need you to pass and say for F-1 visa students, the college has to issue them an I-20 form. I think you have 2 options to clarify for sure, one being ring the USCIS or two just going to a college admissions area and see what they say.
    Good Luck,
    CJ

20. Hi, I just posted this on another one of CJ’s posts, but just found this one that is more relevant, so I’ll post it here….I’d just like to share my experience in applying for an E3 visa and wanted to know if anybody out there had the same problems; At my consulate interview I was asked for documents explaining the nature of my work and why it requires a bachelors degree- the position being a curator for an media arts organisation. I only had my job offer letter, so the officer kept my passport and suspended my visa under section 221g. A couple of days later I faxed through the missing documents (job contract, a letter from employer explaining the nature of my work and a job description) and my case is currently undergoing administrative processing. Three weeks later, I am still waiting for approval. I suggest to anyone attending an interview that they supply as much information about the position as possible, especially if it’s an arts job. Has anyone out there experienced the same thing, if so, how long did the ‘administrative processing’ take?
    SM

21. HI SM,
    Thank you for posting your experience here.
    The nature of your role in being a curator is what is obviously the issue in question. Due to the crackdown on the H1B visa, this has filtered into other similar visas like the E3 visa whereby they want to ensure the roles are really university qualified roles. Basically I agree if you are offered a role whereby you think that a 3rd party may think that anyone could apply for this position regardless of their education level then take as much information as possible like even the advertisement for the job showing the requirements. You should always take any info about the job like job description, etc. regardless of your role or have it mentioned as part of the offer letter. In most cases this won’t be required but as SM stated in certain sectors it always better to be prepared.
    For those who have gone through administrative processing, the times vary from few days to months with no real rhyme or reason connecting the processing time to the nature of the case.
    I wish you the best of luck and speed in your case,
    CJ

22. Thanks CJ, my visa was approved yesterday; exactly three weeks after the date I submitted the supplementary documents.
    SM

23. Hi SM,
    Glad to hear it is resolved.
    All the best,
    CJ

24. Hi, I have 7 years experience in recruitment/HR in health care and engineering but have no bachelors. I’m currently in the process of completing one.

    Would roles under recruitment be considered for the e3 visa please?

25. Hi Tim,
    Yes HR and Recruitment roles could potentially be covered under the E3 visa as as mentioned in this post, it is very broad how the specialty occupation condition is applied. However you would probably want to complete your degree first and you need enough experience in the particular industry to which you are applying to substitute for a degree (i.e. 3-4 yrs relevant experience for every year of a degree). Also I don’t know personally but I magine that field would be tough to break into as there would possibly be a bias to hiring locals given the uniqueness of one local set of HR vs. another country.
    Good Luck,
    CJ

26. Hi,

    I am planning to apply for jobs in Marketing and PR though I have a Bachelor of Media (journalism) degree. I have 3 years of work experience in Marketing and PR. Would I be eligble for a job in a different non-media industry even though I have a Media undergrad?

    Also, is it possible to get an E-3 visa for “assistant’ positions, or do they have to be Managerial, eg. I would be going for Assistant Marketing & PR Manager positions.

    Thanks

27. Hi Marina,
    A Media undergrad and work experience in Marketing/PR could translate to a lot of careers that are very broad like business, entertainment, arts, etc. so it is certainly possible to get a role in many other industries.
    Many assistant type positions don’t require a university level degree as a pre-requisite for the role and that is wha tyou have to ask yourself when looking at any role. Is this position stating clearly the applicant needs to be a college graduate to be successfully apply for the role. Positions don’t have to be managerial just of the nature that college degree could reasonably be expected to be required for that position. I guess we are distinguishing between say some who is a personal assistant or secretary vs. someone who is actually performing the role themselves and could be promoted to the role of the person they are “assisting”.
    Good Luck,
    CJ

28. I’ve tried finding the answer to this on this site and elsewhere but without success. I’m attending my E3 interview in London next month and have a question about degree certification.

    MY BA degree is from the UK and my MPhil/PhD is from Columbia University. Do I need to get the UK BA checked for equivalency to a US BA? I’m sure I’ve read that the US-based higher degree would mean the foreign bachelor’s degree would not need to be verified as equivalent to a US degree, but I might be wrong.

    Thanks.

29. I’m an Australian citizen currently applying for a Research Analyst role at a not-for-profit in the US – the advertisement doesn’t explicitly say it requires a bachelors degree, but instead requires a certain amount of experience in research. Obviously most people will satisfy this requirement with a bachelors degree – will this be sufficient to be eligible for an E3 visa?

30. Hi Pat,
    In your case almost certainly not. It doesn’t hurt but given you have US qualifications and the US certainly recognizes British undergraduate degree as equivalent to their own that just showing the degrees itself at the interview will suffice.
    Good Luck,
    CJ

31. Hi Onca,
    Well generally research analyst roles are specialized and require university level skills. Is this job a job that anyone can apply for realistically if you were to be unbiased (i.e. someone with just a high school education but a couple of years experience in the field). In cases like this it becomes the nature of the position itself that becomes relevant in terms of what you will actually be doing. It sounds like it should be OK but definitely supporting documentation from your prospective employer stating that it is a specialist position and requires your unique skills when you go for your E3 visa interview will not hurt at all.
    Good Luck,
    CJ

32. I went to my interview to apply for my E-3 visa at the Sydney US consulate yesterday. I do not have a college degree but do have 6 years experience within my specialty industry. I was told that I needed to show documentation (proof) that my theory & practical knowledge in my specialty occupation was the equivalent of a Bachelors Degree. They told me that I would have to search on the internet to find someone who can evaluate my experience and provide me with an Accredited bachelor’s degree equivalency documentation.

    My question is: where can I find such a company to do the evaluation for me???

    I have a company called E-3visa.com.au who claim that they can source all the documentation above for me for a fee US$365.00. I want to go ahead but not sure if it is a legitimate organisation. They seem to be but i just thought you might be able to inform me

33. Hi Evan,
    In general for experience to count towards substituting for a Bachelor’s Degree it has to pass a few tests. As a general rule your knowledge has to be specialized such that a bachelors degree is a job requirement minimum for the role in the US and that fact is evident. In general there is rule of thumb stating 3 yrs of experience for every year of a degree which generally equates to 9-12 years minimum of professional and relevant experience in the specific field. This is not a documented rule but in my experience has tended to hold true except in the cases where a position is super unique that very few people would have the skill to perform it in reality.
    If you search on the Internet there are many universities and private companies in the US that do these type of evaluations and the type of money you quoted seems average from everything I am aware of. I am not going recommend anyone specifically as have no direct personal experience with one but definitely recommend talking on the phone to them first. The company you mentioned could be fine too.
    Good Luck,
    CJ

34. Hi, Firstly can I commend you on an excellent and very informative website. I can not find any other website with so much detailed info on the E-3 visa!
    I know you have given great detail on the above topic but I would be delighted to have your opinion. I have a degree from UK in Property Investment & Development, although I am applying for a Sports Development Position which is developing an Irish Sport within an area of the USA. I have 5 years experience held in non-paid key roles within the sport in Ireland. The job requires prior experience and strong knowledge of the Sport which i can demonstrate. As part of the role there is a requirement for identifying and setting up new Clubs which will involve facility identification & securement which I have skills from my degree. Do you think it will be eligible for e3?
    Thanks

35. Hi Chris,
    I am an Australian citizen with a bachelor degree in mechanical engineering from Indian university and Masters Degree in Information Technology from Australian University. I’ve a job offer from service station in US as a Manager and I’ve also got a 4 yrs experience in service station as a customer service representative.

    I know that the job offer which I got is not related to my studies but still I am interested to do that job as the employer is offering me a good money and he is also offering the job to my wife(she has bachelors degree in Information Technology from Indian University).
    I am just wondering whether I am eligible to apply for e3-visa and if I can how do you want me to proceed for the application.
    Thanks

36. Hi Kevin,
    Thanks for the kind words.
    Now the role itself may qualify for a specialty occupation the way you describe it and you would defintiely want to document all the major details in your ETA-9035(e) employer filing with the US Department of Labor. However correct me if I am wrong but are you Irish? If so you are not eligible for the E3 visa as it only for Australian citizens. If you are Australian then yes I think you definitely have a shot just ensure that you are always emphasizing the speicalty nature of the role in official application documents and in your interview and how it is related to your qualifications and special experience.
    Good Luck,
    CJ

37. Hi Madhavan,
    It would be almost impossible I think to prove to the US Department of Labor and US Consulate that a Service Station manager is a specialty occupation or also in your case that has any relation to your qualifications or experience. I would hate you to waste your time and money with this and then at then end have a denied US visa on your record.
    CJ

38. Hi chris, thanks for the info. I am Irish but also an Australian citizen by descent which the us embassy confirmed still qualifies, what they said was “as long as I have an Australian passport”

39. I went for an E3 visa appointment last week and was turned away because I suposedly need an equivalency test. Through research I’ve found no actual way of obtaining an equivalency for Bachelors degree and there was no indication anywhere I looked saying that I needed such a thing. I have 3 semesters of a bachelor of music degree and more than 10 years of proffesional music experience. I feel I was short changed so what do I do to get this Visa. The embassy still has my passport etc.

    Regards Dom

40. Hi Dominic,
    One of the conditions of the E3 visa is the position you apply for must be a specialty occupation and require a bachelors degree as a minimum requirement. If you don’t have a bachelors degree you have to prove that the academic qualifications and/or experience you have equates to a US bachelors degree. So your situation is a common denial that people who don’t have a bachelors degree often face. If you search Google, you can find many companies that do US degree equivalencies and I recommend getting this done if you want to have a chance to be approved for the E3 visa.
    Good Luck,
    CJ

41. Hi – thanks for the great blog. I’m considering applying for this E3 visa. I graduated with a Bachelors Degree (with honours year) in International Relations and have been talking with an interested company that works in the international security field. While the fields aren’t directly related (more people working for the company will have degrees in IT or engineering), i also have 7+ years of work experience that they are keen on. Do you think I’d have a decent shot at this visa? And then, if the company wants to employ me then all they have to do is apply to sponsor this E3 visa and then I can go there to work? Or are there also other hoops to jump through in addition to getting an employer and this e3 visa? Thanks

42. Hi Clare,
    Thanks for the kind words. I think you certainly have a decent shot at that role with your background. Essentially they just have to follow the process documented here; https://visacoach.org/2010/01/15/e3-visa-process/. So yes is relatively straight forward as they have to file a form with the Department of Labor to get approval which usually takes a week or so and then you can apply for your E3 visa at a US consulate with all the appropriate documents.
    Good Luck,
    CJ

43. It would be really handy if the equivalency test for people without a degree was noted in the main article, I think it’s a fairly important point which seems to be left out whenever information is provided on the E-3.

44. Hi Chris,

    I’m a little confused with what constitutes as equivalent experience, I had an evaluation done on my experience which came back with 8 years verifiable experience and no post education. The evaluators have said that I need 12 years verifiable experience or 1.5 years post education on top of the 8 years experience. However on this post you’ve said that 6+ years of experience directly related to the position should be enough, that is of course with a job offer and an approved LCA.

    So does this mean that I don’t need the equivalency evaluation to apply for the E-3 visa if the LCA and job offer is provided along with my 8 years experience? Also, the roles that I’m looking at indicate that a Bachelor’s degree or equivalent experience is preferred, but not required – are these roles still illegible for the E-3 visa?

    thanks in advance.

45. Hi Stephen,
    The equivalency test is not a fixed, documented one size fits all process and is very subjective based on each circumstance and indeed assessing US consular officer. So other than mentioning broad concepts around the topic there is not much more to provide as applicable information.
    CJ

46. Hi Stephen,
    The 6+ years is probably slightly misleading as it tends to only work in rarer cases. The general rule of thumb used (though certainly not written officially anywhere) is that 3 years relevant experience for every year of a Bachelors Degree. In the US a Bachelors Degree takes 4 years so that would mean 12 years experience. In Australia you can get a Bachelors Degree in 3 years which would equate to 9 years experience. So the range of 9-12 years if probably more accurate of relevant work experience in the absence of any relevant qualifications. The role you apply for must have Bachelors Degree as a minimum requirement so if it is optional then that role would not be applicable to the E3 visa.
    Good Luck,
    CJ

47. Hey there, I’m currently on a J1 (without 2 year restriction), and I’m interested in obtaining an E3 for an Assistant to motion picture Producer / Executive job. I have a BA (media & cultural studies) which is certainly in line with the prospective job but I’m a bit uncertain on the eligibility of the ‘Assistant’ part, but at the same time am relieved that others are doing this role under h1b’s. Could you give me some guidance on applying for an E3 under this title?

    Also if the process moves forward I could probably never get a week day off in this role..how would I work around that? Transfer status inside U.S.? Thanks a bunch.

48. Hi again forgot to mention that the person who successfully obtained a H1B said she didn’t go for a E3 because the job’s salary wasn’t high enough for the E3. I thought though that the E3 requirements are the same as for the H1B??

49. Hi Jrpabs,
    Yes you are right the part where an issue may come up is the job title even if the role itself is fine as seemingly are your qaulifications for the role. I would suggest maybe taking out the word assistant for the official filing of the role and adding the word “specialist” as often those less than significant distinctions may make the difference. You could transfer status inside the US but if you are working for different employer now on your J1 visa than you will be with your e3 visa, you wont be technically allowed to start the new role at the new employer until you receive approval. That may present an issue for you based on your information. The quicker way to get approval is often to do a new e3 visa in Canada rather than wait for the USCIS to process within the US especially as it is currently in the midst of H1B visa season and processing times might be even slower than usual.
    You are right the salary requirements are the same for both visa for the same role, location, etc. as they follow Department of Labor standards.
    Good Luck,
    CJ

50. Hey, thanks for the info. I haven’t been employed since getting my J1 – am I able to start a new job on my J1 then transfer with out issues to an E3 for the same job? Also you think it’ll get approved by the date of my J1’s expiration – Aug 15th?

    thx

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