E3 Visa – The Bachelors Degree & Specialty Occupation Conditions

Back after a mini break which in the end was only 4 days without posting 🙂 Hope you all did not miss me too much. Since the title is a common question I get asked, I thought I would do a mini post about it.

So the E3 Visa has this requirement about Bachelor Degree and the role being a specialty occupation. Look even if you read the US Embassy FAQ about this, the definition is really a whole bunch of words that mean nothing.

In short the E3 Visa will apply if the job you are applying for in the US has a Bachelors Degree as one of the requirements or conditions for hiring a candidate. Now that does not necessarily mean you need a bachelors degree that is relevant to the role you are being hired for or even a Bachelors Degree at all.

In the US the undergraduate degree system is a lot more general so people may major in Political Science for example but go into Investment Banking. So if you have an Arts, Commerce, Science, Engineering or Law Degree as an Australian that will pretty much cover you for most roles.

They may ask you a question at the Consulate interview about this but that is easily answered by “you having a desire to go into **** field because that is where your talent and passion lies and your degree gives you great underlying knowledge to pursue it” (or something to that effect 🙂 haha) Most likely it will never even come up.

If you don’t have a bachelors degree, the so-called rule is that you have 2 to 2.5 years of relevant work experience in lieu of each year of a standard degree in the field you are applying for. Now in Australia you can get Bachelors Degrees in 3 years but in the US it generally takes 4 years to get an undergraduate bachelors degree.

My tip is if you don’t have a degree but you have 9-12 years of verifiable work experience that is directly related to the role you have applied for and won in the US, and the employer has successfully filed an received the LCA from the US Department of Labor for you to take to the Visa Interview, then you will be fine! (of course the more experience the better!!)

So a specialty occupation for the E3 visa really becomes a role which requires specialized knowledge that can be obtained either by you having a Bachelors Degree or enough relevant work experience.

Of course for the E3 Visa, if your role requires some sort of certification that you need to do in the US to ply your trade in addition to your background qualifications, then you will have to that as well soon after entering the US.

Hope this clears things up.


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

  1. Hi Jrpabs,
    Yes but on your J1 visa your employer (or host company as it is legally known) is effectively your employer. You can’t start anything new on your J1 visa until approval has been received from the USCIS and if you filed now it would easily be processed well before August.
    Good Luck,

  2. Hi,

    Great site, thank you so much for making everything so clear.

    I am hoping to apply for the E3 Visa, however I have a question. I have a bachelors degree from an Australian University. However it’s only for 3 years and I have seen on some websites that you need a degree that takes 4 years. Is this true?

    The field I’m hoping to get a job in is Advertising. I have 4 years experience in advertising and also completed 2 courses from the National Advertising association.

    Do you think I’ll have any issues getting an E3 Visa? I’m just worried that my bachelors degree didn’t go for 4 years.

  3. Hi Anne,
    A bachelors degree from an Australian university is equivalent to a US Bachelors degree so you are fine.
    Good Luck,

  4. Hi again,
    I posted on another page but am now considering that I posted on the wrong page. Ive just read these posts and have concluded that the E3 Visa interview is going to be a little more difficult that I had thought.
    I have been on the phone today to the US Consulate and was told that my occupation would be considered a specialty occupation (Im a Private Investigator) however after reading these posts, I may be questioning that information. Am I right, after reading all of these posts, to be under the impression that the job that I will be applying for (or in this case, Ive already been given a job if I can meet the requirements of this Visa) definately needed to be a job that would usually require a Bachelors degree, to obtain the position?
    I have 15 years experience in this field but I am pretty sure that you dont require a Bachelors degree in the United States to obtain this job.
    So now I am a little confused.
    Does my question make sense?
    lIm sorry If im not explaining my question well…


  5. hi there, this is a great website, well done.

    i have 2 questions in regard to an initial e3 visa application. i am currently in the US on a b1 visa and have been offered a job.

    can the US embassy in Nassau process initial e3 visa applications? and if so, do they refer to this as an e3 renewal? or just as an initial e3 application?

    also, do i need to get my bachelors degree transcript ‘certified’ ? what is the best way to do this?

    many thanks

  6. Hi,

    Thank you for this wonderful website. I have a Bachelor’s Degree in Music Performance from Australia, and a Master’s Degree in Music Performance from a University in America. I have been offered a job in New York City at a jazz rehearsal studio. Do you think that I could get an E-3 for this job?


  7. Hi CJ,
    Wicked website- super informative and easy to understand, so thankyou! I just wanted to get some info on the Consulate interview. Do you need originals of documents to show at the interview, eg. My Bachelor certificate?
    Any info you could give would be very much appreciated,

  8. Hello,

    I share in all the accolades I am reading about you. My question differs slightly from those posted here. Through one of those rare chance occurrences that can happen in life, I was offered an unexpected and genuine opportunity of employment when on a recent trip to the States. I qualify for an E3 visa under all the regulations stipulated. The employer is so keen that he is questioning whether or not he should formally advertise for the position. As we both want the application to be successful, what would be your recommendation? Thank you very much.

  9. Hey CJ,

    I am an Aussie citizen currently in LA on the visa waiver program. I have been interviewing for a marketing position at a health club in the LA area which requires a bachelor’s degree or higher in the marketing field.

    I have a 4 year’s bachelors degree from the University of Washington in Sociology and a Masters of Commerce degree majoring in marketing from the University of Sydney.

    The manager of the company is worried that my degree may not pass as a specialized body of knowledge since many people in the US with MBA and equivalent degree’s are out of work right now. Is this the case or do you think my degree will ensure that my application is approved?

    One other angle that he was thinking of taking was using my Rowing expertise as a way of applying. I have competed for Australia in rowing at the Junior national level as well as competing for the University of Washington on a 4 year scholarship and winning national championships. I have 2 years rowing coaching experience as high school and elite level as well as my dad having competed on the Australian Olympic team and been a rowing coach all of his life.

    He was thinking that I could possibly start a rowing class at the gym which would be unique and possibly create more jobs for the business, while still performing the same marketing duties. What are you thoughts on this?

    Sorry for the long post and looking forward to your reply,


  10. I have a fairly non-standard case. I’m an US employer trying to hire an Australian who has a very specialized set of skills. (Namely, he is one of the very few persons in the world who knows a computer language on which my product is based.) The language is very new (a year old) and he is very young (18 years old.) He is trying to work to raise money for college, and doesn’t have his degree yet. Seems like the “Bachelors Degree” would be a show-stopper, but given that his skill is so specialized is there any chance at all that an E-3 would work?

  11. Hi Greg,
    Thanks for the kind words.
    The US embassy in Nassau should be able to do it but you can always contact them to confirm. You don’t need to get your degree transcript certified in most cases unless there is something especially unusual about your case.

  12. Hi Jean,
    Thanks for the kind words.
    If the job itself requires a bachelors degree as a minimum criteria then you certainly could qualify for an E3 visa.

  13. Hi Kate,
    Thanks for the kind words.
    The more information the better at the interviews but copies of your degree should be fine.

  14. Hi Anenesh,
    Thank you also for the kind words.
    He does not need to formally advertise for the position. As long as the position itself would realistically require a bachelors degree as a minimum requirement for hire.
    Good Luck,

  15. Hi Toby,
    You should be fine given your degrees for that marketing role. You could also add the rowing part to your job description but don’t think it is necessary.

  16. Hi
    Can you tell me if I would be able to get an E3 visa as a registered nurse specializing in Labor and Delivery. I hold a batchelor degree in nursing and diploma in midwifery with 17 years experience 12 years in midwifery in Australia. I won’t be able to become a CNM (MIDWIFE) without completing nursing in the US first but many ‘magnet status’ hospitals and others only offer labor and delivery RN jobs requiring a minimum of a BSN. Would I meet the E3 visas conditions once i complete NCLEX etc if the hiring hospitals require a bsn and 1-2 years experience as a minimum education standard for this specialized job?

  17. Hi

    Firstly -thanks for this great website. It is very comprehensive!! I have been accepted for a role in the US and I’m about to start the visa process off. An Aussie friend of mine suggested I push for an E3 visa instead of an L1 intercompany transfer visa as it has better benefits for spouses. Can you explain how the E3 is a better visa for me or point me to a comparison between the various visa options?


  18. Finally, a website on E3’s that is on the money. Thank you so much, and yes you are a legend!! I am an Au citizen who is using the E3 to work in my field (I have a bachelor) in Los Angeles, it is a HR consultants role part time. My question is – I have a second job offer that is NOT in HR field, however I have worked in this field before. I have experience in this field (its working with animals). What do I need to do so I can work in this second field? I need some kind of additional visa / secondary form I would assume?


  19. Hi CJ,

    I have just over 7 years experience in my field and just over 1 year of a Bachelor of Economics from Sydney that I am working through slowly but surely, added to which I did 3 years in the US on an L1 transfer from a US Bank’s Sydney office to their Head Office (2006-2009)

    Do I sound eligible for an E3?

  20. Hi Adam,
    Yes you are eligible both from the point of view of your degree and from your experience.

  21. Hi Laura,
    You need to have the role approved by the Department of Labor via the ETA-9035 form again and then have it approved by the USCIS if you do it within the US. You may run into difficulties given there is a large difference is the nature of your two roles but it is really unknown.

  22. Hi Kathryn,
    Actually the E3 visa and L1 visa both have working ability for spouses. The difference with the two visa lies mainly in the renewal periods (E3 visa 2 yrs, renewable indefinitely AND L1 visa 3yrs, renewable once) and that the L1 visa more definitively allows for your employer to sponsor your permanent residency application in the US. However this is not explicitly prohibited on the E3 visa either.

  23. Hi Chris,
    How are you? My name is Becker, I was wondering if you could shed some light on a few queries i have about the E3. I currently hold a bachelors degree in Jazz music performance. I am planning to move to NYC later this year and i have a job sponsor. My first query is about the job offer from my sponsor. The job description is jazz instruction book writer, so i would like some advice on whether you think the offer can be linked to my qualifications and more importantly, what types of job titles i can use to put on the LCA? if you have any other relevant information, i would greatly appreciate it. Thanks for your time, i know you must be busy!!
    Best regards,


  24. Hi,

    I too very much appreciate the help with the E-3 Visa. I have my Graduate Certificate in Employment Services, which according to the Qualification Framework of Australia is Higher than a Bachelors Degree even though I only had to do 2 yrs ro gain my qualification. I also have 10 years experience in this field Plus a Diploma in Human Resource Management. Do you think this will be enough to satisfy the qualification requirements. Most of the jobs I have applied for doe request a Bachelors Degree or equivalent.

    When I’m writing an introduction letter I am advising the employer that I will require sponsorship but as far as I know that it is a similar process to those that are required by Canadians seeking sponsorship. I’m trying to explain to the employers that the process of hiring someone with a E-3 Visa is a lot easier than others. Would this be correct?

    Thanks for any help you can supply.

  25. Hello, I have been sorting through your information, but can’t seem to find what I am looking for. I am Australia, I am a qualified chef, specializing in fine dining and raw vegan food. I have tafe qualifications and 7 years experience. I am looking to work in America as a raw vegan chef, I have someone that will sponser me and am wondering would the E-3 visa be the right visa to apply for?



  26. I am currently on a J-1 visa, working for a finance company here in the U.S.

    I hold a Bachelor of Business degree from La Trobe University.

    The company is keen to sponsor my E-3 visa but the company they used to evaluate my degree has come back saying that my Australian degree is not equivalent to their U.S. degree. I find this hard to believe considering all the information I’ve read.

    Any suggestions?

  27. Dear Chris

    I have completed a 3 year design diploma at TAFE in Australia and have 12 years experience in the design industry.

    I have spent the last 3 years broadening my skill set away from design to more PR focussed in the luxury goods industry. I am seeking work in NYC in luxury goods companies and interested in applying for an E-3 visa. Do you think I have a chance of receiving one without a Bachelors Degree? I’m assuming my work experience would be sufficient…

    The positions I will apply for have a Bachelors Degree as a requirement but are for PR departments in luxury goods roles.

    This is a sideways shift from design (which my background predominantly is) but within a similar industry. So I am not sure if my visa will be rejected as I am more PR focussed in my job hunting rather than specifically design.

    Thank you so much for this fantastic website. It has really help to simplify such a complex immigration process.

    Thanks in advance for any advice you can offer.

  28. Having just had my E3 interview at the US Consultate, I have to let you know your article above certainly isn’t accurate pertaining to people without a degree. It is a lot tougher than your article states and they won’t easily bypass it with simple wording.

  29. I would like to know the complete list of “SPECIALTY OCCUPATIONS”.
    I am an Australian and would like to work in USA. I have been to USA more than 150 times and LOVE USA.

  30. Hi CJ,

    I have been hired for a video-media job in the US and they are submitting their end of the forms this week, however I don’t have a bachelor’s degree. I have an Advanced Diploma, Diploma, Cert IV and Cert III (in screen, the same field as the job). The job position does not ‘require’ a Bacherlors Degree and is considered a specialty position. I have 3 – 4 years experience in the industry. Are the odds low or high that I’ll be approved for the E3 visa?



  31. Hi CJ

    thanks for the blog.. Great information that has been very useful.

    A couple of questions
    1. I am thinking of applying for my visa in the UK? Have you heard if the UK is a good counry to apply ie.. wait is long, how do you apply for an apppoitment etc etc
    2. Where do I find information about the salary requirements for my filed?

  32. Hi CJ
    This is very helpful website. Thank you very much for your great information.
    I really need your advice.

    I have been currently offered a job from a logistics company in USA.
    I have a bachelor of arts degree in (linguistics and Japanes), and currently working in a marketing company in Korea over 3 years.

    The head of logistics company like to hire me to cutivate market in Korea.

    My question is
    1) Is it possible to try for E3 visa, although my background(my bachelor’s degree and work experiences) doesn’t actually match with “logistics industry”
    2) Once I apply for the E3 visa, isn’t it possible to travel to USA? Should I just wait for interview?

  33. Hello all,
    I am in desperate need for advice. I am currently in the US on a J1 12 month working holiday visa. This visa is nay tailored to filling temporary jobs, not career oriented work. However I’ve been offered a position with a logistics company as an ‘account manager’. My degree I.e specialization, is in environmental science. So before I accept this position I’d like to know the likelihood of being granted an E3 visa!? Is it worth pursuing this route? I do want to stay in the US, but not if it means eventually being denied an E3.
    Thanks, Chris

  34. Hi CJ,
    You are a legend!!! Here is my issue. I have 30 years experience (no Bachelors) working for the Australian government. I had my resume professionally evaluated in the US (cos $500) and my experience equated to a Bachelors in Human Resources. I am currently not in the US, but I’ve found a small business that is willing to sponsor me for the E3 with a part time job. The employer is a contractor in the drainage industry and I would be able to do Office Managment duties, mostly administrative in nature. The issue is what Specialty Occupation could I use that would qualify for E3 purposes. Also, how is the prevailing wage determined. Is it what other small businesses are paying in the area or does it have to match some occupational information on the DOL website? Thank you!!! Mindi

  35. Hi there,

    This blog is awesome. I have a question similar to Sally’s above. I am a Registered Nurse with a Bachelor of Nursing from QUT, AUS citizen and 2 years experience. I understand I need to have my degree assessed to meet State of NY regulations, sit the licensing exam and then once I’m registered can travel to the US to gain employment for the LCA and E3 application. Have you heard of anyone in the past having success in gaining an RN position that requires a Bachelor degree, as it seems many US positions only require an associates degree.

    Thanks, Mallory.

  36. Hi CJ,

    Great website, it’s really making my research of the E3 alot easier!!!

    Quick question, as I know it has been raised many times in the past, but I can’t seem to get any actual clarity on the subject…

    OK, so I am very much hoping to make the move to the US aroud April of next year…. I work in finance, very specialised job, but I probably wont be able to land the same role in the US due to it being based on stock broking etc…

    I dont have a degree but I do have a Diploma of Financial Services and am soon to be commencing a Masters Degree of Applied Finance… on top of this I have a whole bunch of highly regarded (but of course unrecognised qualifications around my role)

    The jobs I would be applying for would be finance/banking related and all the jobs I see advertised require a degree….

    I have about 9 years experience in financial services industry (insurance/banking/financial markets)

    My questions are these:

    1) Accepting that one needs 3years exp per year of degree, I may just clear it (with nine)…. Does the experience need to be 100% related to the job, or can it simply be INDUSTRY experience, relevent to the industry I am applying to?

    2) Will my Dilpoma (2 years of study) and other qualifications COUNT towards proving I possess a “specialised body of knowledge”?? Or are dilpomas etc just disregarded?

    3) Do you think industry qualifications (Ie: Series 7 license, Derivatives licences etc) from anothert country will at least HELP prove the case???

    4) do you think it would be advisable to drop by a US embassy at home (Sydney, Aus) and sit down with someone to get some clarity (do they even do that???)

    Apologies for the long winded post, but you seem to know what you’re talking about and I would really like an opinion on this, as I will be entering on a VWP and having a punt at getting a job over there…I want to minimise my risks as much as possible prior to departure…

    Thanks alot!

  37. Hi Owen,
    Thanks for the complements.
    1. While that Degree to Experience ratio is a guideline as far as them assessing your experience is concerned, a US undergrad degree is 4 years so would take 12 years of experience to equate to a degree. The experience has to be in the realm of relevancy so work as a chef or a patent lawyer doesn’t really work for a financial investment role.
    2&3. Yes they will all help although it is completely arbitrary as to how much to the person deciding your case
    4. You can’t visit the US Consulate for that purpose. They have a pay per minute hotline but the advice is so general so not worth paying for
    Good Luck,

  38. Hi Mindi,
    Yes your biggest issue would be your position potentially not being considered specialized and not requiring a bachelors degree as a minimum criteria for employment. The prevailing wage is determined by the Department of Labor and there is a website which states what that wage has to be per a specific role for a specific region in the country.

  39. CJ,

    Thanks for getting back to me mate – very helpful…

    After reading and reading and reading – especially peoples specific INTERVIEW experiences, it certainly seems that it is feasible to get your E3 approved without the degree.

    Another quick question…. I have all supporting docs of my higher education (Diploma, transcipts of it, and other industry qualifications) so that should certainly help and not be an issue for them (I think!)

    BUT -> what about work experience… how do you go about substantiating that? Is providing my resume enough? Or do I need to go back to each of my past employers over the last nee on decade and get a letterhead letter to testify to my employment in each? – as that seems excessive and kinda difficult now…

    From what I can gather, (and please correct me if I am wrong here) – It seems that if you are applying for a job as say a Personal Banker for example, which is a job that not anyone can just walk into off the street…. and you have a finance background of years and years and some relevant qualifications/education…. PLUS present well (nice suit, articulate, intellegent etc) it shouldn’t be too much of an ask to have your E3 approved, provided all administrative boxes are ticked?

    Basically – I am thinking that if you can prove you have a body of knowledge (FINANCE), relevant work experience, relevant education (even if not a DEGREE)and prove you will be an asset to the country/employer then it should be all good?

    If so, I feel confident in not only obtaining a role in the US but charming the consular officials with my less than IDEAL background in terms of the E3 requirements…

    I just can’t see how one could be denied on a virtual technicality, especially if they are not even filling the entire quota of E3’s on offer…. ????

    Looking forward to hearing from you! and thanks again….

  40. Hi OTB,
    Just remember for each approval, there are many denials and once you have a visa denial it is on your permanent record. While it doesn’t preclude you getting a future visa, it will always be seen there by an assessing case officer and you may get asked about. The process is certainly not fair nor clear, and you have no right of appeal so people can and do get rejected on arbitrary technicalities all the time unfortunately. All that said pursue your dream and keep trying despite any obstacles and temporary setbacks you may face. In terms of proving employment and experience, there are no clear guidelines but examples of your work, references on company letterheads, official HR letters stating your period of work, your title and your duties as well as payslips can all help.

  41. Hi CJ,
    As everyone has said, what a great site you have set up!

    My situation is similar to many on here but none of the previous questions match exactly.

    I spent two years studying an Advanced Diploma of Multimedia at a TAFE in Melbourne and have 8 years of experience in my field (I am a visual effects artist). The tricky part is I had a coupe of outstanding units in my TAFE course so I didn’t graduate. As I started working immediately it seemed unnecessary to go back and finish it.

    I am now looking to apply for an e3 and am concerned that my lack of degree and only having 8 years of experience may stop me from being approved.

    I don’t know if it will make any difference to the application but when I contacted the TAFE I attended recently they told me that the course was no longer offered but they would be willing to give me a different diploma based on the work I have done in the meantime. Would obtaining this diploma before applying for the visa help my chances?

    In your opinion will the two years of (mostly but not totally completed) study count towards my eligibility? Will I be eligible with or without the extra Diploma?

    Lastly, would it be worth having an equivelancy assessment done?

    Thanks again for the site, it really is impressive.

  42. UPDATE: Bachelors Degree Requirement & Proof Documents:

    In the last few months we are getting so many questions about this and almost all of them are very similar with just slight variations. So just to be completely clear again we will spell out a few facts and major points of note:

    – The Bachelors Degree requirement is specifically for the position you are applying for that as advertised or if not advertised for in the normal course of events would have a bachelors degree as a minimum required criteria
    – If you do not have a bachelors degree as a minimum, then you have to prove that any post high school education experience you have (completed or not) combined with your relevant years of professional experience in the area of the specific role you are applying for at least at minimum equals the level of a US Bachelors degree
    – While not a stated policy anywhere, given the length of a standard US Bachelors Degree is 4 years, 3 years of relevant professional experience would equal one year of a degree. So that would mean as a rule of thumb, 12 years of relevant professional experience would equal a US bachelors degree (relevance is important as if you are applying for a investment finance job, experience working on a hotel front desk is not going to matter)
    – Even though many Australian undergraduate University degrees are 3 years, the US would consider that equivalent to as US Bachelors degree
    – Getting your experience and/or partial education accredited by a US company or institution as to its equivalency to a US Bachelors Degree will certainly help (possibly a fair bit) but is by no means a guarantee as to whether you will be approved
    – Each case is at the total and ultimate discretion of the US consulate around the world to which you are applying and more particularly to the specific case officer in your case. That Consulate and case officer is under no obligation to provide you full reasoning behind their decision making and you have no right of appeal. You can only try again fully to apply for a new e3 visa application with new information if you have it
    – Given that and the lack of clear stated black and white guidelines, you may be denied on technicalities and depending on where you apply you might be denied with a similar case and background to somebody else. This is obviously not fair but is the current system
    – If you get denied, that does not preclude from applying again for a future US visa nor does it necessarily count against you. However it is always on your permanent record and you may get asked about it a future US Consulate interview. Given a US Consulate is “never wrong”, you would be well advised to not answer disparaging a previous consular official or consulate in a subsequent consulate interview if asked about a previous denial
    – The more specialized your occupation you are applying for, the potential for them to be more relaxed about your level of experience/education. Again this is all completely arbitrary but if you are applying for a highly specialized bio-tech or nuclear role then your chances of being approved on relevant experience alone is probably higher than a generic business role
    – In terms of supporting documents apart from getting a degree equivalency done, you could bring references on official letterheads, official HR documents explaining tenure, time at the company, job title and duties of the role you had, tax returns/financials/official company docs if it was your own company, awards and other certificates, diplomas and anything highlighting the level of your experience and education that could be provable if the US consular official so desired by calling somebody or looking up databases online. (it is certainly not advisable to fudge things hear b/c once you lose credibility with the Consulate, it would be hard to regain it). There is no official list of documents, but the more proof the better
    – If you are applying for an occupation that you are not sure whether it is a specialty, bring copies of your Bachelors Degrees as well as information about the company, the position and duties as well as copies of where the job was advertised showing the bachelors degree minimum criteria all helps
    – With professions where you need US licensing to actually do the job it is a little grey as to whether you can undertake this after you arrive and once you have started work but where possible getting this in advance is helpful and/or having your employer clearly state a plan of action around this when you arrive (NB: most licensing is state based in the US so you would need it from the State where you are working)
    – Ultimately with all of this it is very arbitrary and may seem unfair. However that is the US Immigration system and you just have to as best you can navigate through the misinformation and lack of clear public guidelines

    Good Luck,

  43. Hi Guys,

    I am currently on an E3 Visa but have been offered a role as Admin Assistant with a huge financial firm. They are unwilling to change the job title. Do you think I could pass this off as specialty occupation considering the job required a 4 year degree and it’s a huge International firm? Or am I looking for a decline in my LCA?

  44. Hi Cj,

    I have 2 attorney’s with 2 different views. Figured this site might help me out to decide who is telling the truth here.

    I’m an Emergency RN in Australia. With 3 years experience. I have a bachelor of Nursing Degree, from an Australian University. I am currently studying for NCLEX…i have been approved to sit it. Which means they must recognize my degree as equivalent…

    If i were to apply as an ER RN with 3 years Emergency experience, in California, on an E-3, will my job be recognized as a speciality or not? One attorney says no, another says yes..

    What do you say about this?

  45. Hi,

    A US company may be interested in hiring me, but their lawyers don’t think that I would necessarily qualify for the E-3 Visa, and are therefore not offering me the job. They told me that if I could prove that the position would qualify as a speciality occupation, they could try to work with me. I have a Bachelors degree in International Relations, and the job is at a consulting firm, doing online campaigning and fundraising. The title is Online Production Specialist. I have one year experience in this, and the position description asked for 1-3 years. Is there any way that I could demonstrate to them that this position qualifies for the E-3? The description doesn’t specifically mention a degree, but during the interview process I was told that they would only consider people with degrees.


    Hi, I am currently on an L1 visa working for one of the largest IT company in the US. My employer has sponsored me Green Card in EB3. My GC priority date is July 2008. In addition, I also have H1-B approved from the same employer, which I haven’t used till date. My L1 expires in 5 months from now.

    My question is – I have an offer from a new employer. I would like to go on E3 for a year, because my wife would lose work authorization if I go on H1-B. Would I be able to avail existing Green Card priority date if I go from E3 to H1-B after a few months and file a new Green Card in EB2 category?

  47. Hi,

    I have an Cert IV, Diploma and Advanced Diploma of Marketing from TAFE along with 4 years of professional corporate experience. I am currently on the J1 visa which expires end of March. I have secured a full time position in LA, and they would like to offer me a supervisor promotion but do not sponsor.

    Am I eligible for the E3 visa?

    Your help is greatly appreciated!


  48. URGENT:

    Hi, I am currently in the US on an E3-Dependent Visa (expires end Feb) and my current employer of 3+ years wants to sponsor me directly on a new E3 visa.

    My questions:

    1. I don’t have a bachelors degree, but I have 10+ years working in my field (graphic design/marketing). Do you think I will have any issues obtaining a visa on this basis?

    2. Do I need to be an ’employee’ (with benefits, salary, etc.) or can I invoice for my hours each month like an independent contractor?

    3. Does my company have any legal obligations to uphold once I am approved? This is something I can not find on any website.

    Thanks a million!

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