E3 Visa Process

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We have so much on the E3 visa already at our main info page as well as our E3 Visa FAQ page which contains links to all major E3 visa resources on this site as well as some great tips and information.

So really this topic is already covered via the above resources but given the large amount of search volume from this query to our site more than anything else, along with many comments, we will do a brief post on the E3 visa process itself.

Step 1: Find an Employer willing to sponsor you
This is of course easier said than done but the crux of this is finding a US employer who is willing to hire you and thus sponsor your E3 Visa. The barrier to entry for this is at least less than the H-1B visa which has certain times of year associated to it, a very competitive fixed quota and large costs. However most employers will not hire someone without at least one face to face interview so there could be expense for you to achieve your goal. Note you can’t apply for your E3 visa as a new visa from within the US or transfer to it from the Visa Waiver Program. You can transfer to it from visa like the J1 Internship visa and F1 Student visa.

Step 2: Apply for Jobs At US Companies
I guess this is really interchangeable with Step 1 or indeed a subset of it. Given the important and uniqueness of this act I thought I would devote a paragraph to it. Of course for a foreigner on the other side of the earth to find a job in the US is some kind of effort and certainly requires some forward planning. Many people come to the US on the visas mentioned above like the J1 visa and F1 visa as a stepping stone to working in the US allowing them time to make contacts and attend interviews while under legal status. However many people do indeed do things like apply to jobs from Australia and then fly to the US and attend as many interviews as they can. Some good general tips are to have a US phone number on your application (i.e. via Skype), try and have a US mailing address if possible and mention visa status on their resume in explaining it to a potential employer. Of course from here the job interview and selection process is generally similar to what people may be used too but note that salary negotiations are a much bigger part of the US process and often begin right upfront. Finally ensure you understand the specialty occupation and bachelors degree provision.

Step 3: The Visa Application process
Once an employer has agreed to hire you and sponsor your E3 visa they need to file form ETA-9035(e) with the US Department of Labor. This is so they can received an approved Labor Condition Application (LCA). This is a free filing and can be done online. Essentially on this form includes details on the nature of the job, the nature of the company, a little on the candidate (i.e. you) and the salary. You should note that the salary has to meet the Department standard for the average salary for that type of role in that region of the country. You would take this document, along with an offer letter from the company to your US Consulate Interview for the E3 visa.

Step 4: The US Consulate Interview
From the link referenced above you can see a detailed account of the US Consulate interview for the E-3 visa. You can do this in other countries like Canada, UK, etc. but of course the most common tends to be at a Consulate in Australia. You should take as many supporting documents as possible including bank statements, asset ownership proof, copy of your degrees and any licenses that may be relevant to your role, etc. One of the things you need to demonstrate is the residence abroad condition. This is basically proof to the US that your ties to Australia are strong and that you intend to return home at the conclusion of your E3 visa period. The more prepared you are for this, the easier and quicker and less hassled it tends to be. You should note that you have to prepay the E3 Visa Application Fee at Australia Post prior to your interview.

So that in short is the E3 visa process but like I said read a lot of the other posts for in depth information and tips about particular aspects and how you can best navigate them.

Good Luck,
CJ

101 thoughts on “E3 Visa Process”

  1. Hello,

    Correct me if I’m wrong, but from what I’ve read so far, for the E-3 visa, the employer doesn’t have to file a petition to USCIS (as with the H1B)? And the only documentation required is the LCA?

    thanks

  2. Hi Stephen,
    Yes you are correct on this, the only official filing is with the Department of Labor unless you are on another US non-immigrant visa like the F1, J1, etc. (not the visa waiver program) and you are transferring to the E3 visa within the US. Then form I-129 has to be filed with the USCIS.
    Good Luck,
    CJ

  3. Hi CJ,
    This website was invaluable to me when I first obtained my E-3 visa. I’m looking at changing companies now but I can’t find any official statements on “Department standard for the average salary for that type”.
    Do you know is this still a requirement?

  5. Hi CJ,

    I have found the information on this page most useful and practical. Just one question, how much time the Dept of Labour filing (to be done by the employer) generally takes to clear. Is the process onerous on the employer ? I just wonder if the employers would be deterred by the process ?

    Ravi

  6. Hi Ravi,
    If you are an Australian citizen and are eligible for the E3 visa then this can be done. The Department of Labor filing of Form ETA-9035(e) is very straightforward with the most important part being to ensure the salary meets the department of labor standards for your job type in the locale that you are working. It is a free filing as well.
    Good Luck,
    CJ

  7. Hi there,

    Just to be clear. Can I move to the us on a b1/b2 visa to find work. Then once I find work, travel to the US embassy in Canada to apply to the E3 visa? (Instead flying all the way back to Australia)

    RA

  8. Hi,

    Further to Ravi’s question if filling the LCA is straightforward I read that it can take 1-2 weeks to be processed. I assume once it’s all processed I take all the documents to the US consulate interview and return back to the States and start working.

    Would I be correct in saying that from the day I was offered a job I should tell my future employers I will be able to start in 4 weeks? Or is there a long waiting list for an interview at the US consulate.

    My fear is that my future employer will think the process is too long.

  9. Hi RA,
    You can travel to the US to find work but the B1/B2 visa is not a license to permanently move to the US as while the visa itself maybe for 10 years, the length of any individual stay is usually for a maximum 90 days. You can transfer within the US from a B1 to E3 but it is generally always quicker to do it in a place like Canada.
    Good Luck,
    Cj

  10. Hi Gerard,
    The 4 week timeline is probably a very prudent one although in reality for most people it could even be quicker but that is not a bad period to say to both reassure them and to give you time.
    Cj

  11. Hi CJ,

    Thanks for the information. Do you think the economy has stabilized in New York that I foreigners such as myself will be able to secure an E3 visa?

    Also, the following page: https://visacoach.org/2009/02/28/creating-a-us-style-resume-for-job-applications/ is not completely loading and I am trying to obtain your note on “The last party you can put a brief note on your Visa Status, I will paste below exactly what I put there for the E3 visa but of course you can substitute for H1B or any other visa as well. “

  12. Hi CJ,
    Your website has been really helpful. You do say that, “The Department of Labor filing of Form ETA-9035(e) is very straightforward with the most important part being to ensure the salary meets the department of labor standards for your job type in the locale that you are working.” Well, I have been offered a job, but the salary is commission based. Could this be a problem, and what would you suggest is the best way my potential employer fills out this form to address this? Cheers, Rachel.

  13. Also, what happens if you get a promotion and move into a different role, ie from technical into management, do you need to advise anyone?
    Thanks so much, Rachel.

  14. RA – to qualify for E-3 visa you need be a AU citizen which means you don’t need B-1/2 visa! Come over on VWP – simple as that. Generally, for a VWP eligible citizen it’s hard to get B1-2.

    Cheers

  15. LCA is taking exactly 7 days for approval – of course complicated cases could take longer but I got mine in 7 days and personally know few people who had their LCAs in exactly 7 days.

  16. I cannot seem to find the ETA-9035 form for the E3 visa, they all seem to have H1-B on them. Where can i find the current ETA-9035 form?

  17. Hi,
    I wish to echo the sentiments of everybody and say that this website is fantastic, an excellent resource!
    I am on a J1 visa in the US and wish to transfer to E3. I comply with all requirements, just wish to clarify whether I only need to lodge I-129 or whether I need to lodge form 9035 as well? Assuming I need to lodge both, do I need to lodge 9035, then wait for my LCA to come back before lodging I-129?
    Thanks again for your help!

  18. Hi again,
    I would also love to know whether ETA 9035 counts as another petition for the purposes of the I-129 form? There is a question on I-129 that asks whether you are “lodging any petitions other than this one?” (being the I-129).
    Also, are you able to confirm whether I need to fill out the “E Classification Supplement” on the I-129 form? It’s a little vague, I would assume it applies to the E3 visa however on the actual supplement there’s no mention of the E-3 – it only has E1 and E2…
    Thanks! Greatly appreciate your assistance!

  19. Hi Gerard,
    The unemployment rate is still high in the US and NY but has stabilized. In any case, there are always opportunities in certain sectors.
    It is certainly there and this is the part you could add to your resume;
    As an Australian I am eligible for the E3 visa which is specifically for Australian professionals working for US employers. (This visa works similarly to the Canadian TN Visa and requires 1 form to be completed being the Labor Condition Application (LCA -US State Dept. Info)
    I hope all this information has been of some help in your quest for an E3, J1 or H1B visa and that soon your plans and hard work applying for jobs in the US will get you many call backs, interviews and hopefully job offers to choose from!
    Good Luck,
    Cj

  20. Hi Rachel,
    If your salary is commission based in theory it doesn’t meet the criteria. However if the expectation your average weekly/month salary would be at such a level that it would meet the prevailing wage criteria you could nominate that. You don’t have to notify for a promotion.
    Cj

  21. I got cerified by US Dept of Labor and am currently in France. Can I make an appt with US embassy in France? It seems like I need to send my Docs by mail and wait for them to contact me for an interview.what is the fastest way to get an appt?
    Thank you so much for your help and all this great information!!

  22. hi, i am from Indonesia. I really like to work in the USA especially in NY. My skills are languages. i can speak Chinese, Japanese, Indonesian, and English. Now i am still in Japan studying Japanese language, but my visa will be valid till this June, i got to hurry, i want to find an employer in the USA. But i found some problems:

    1.What kind of job that suits me?
    2.What is the website that can be trust also easy to find an employer in the USA through online?
    3.What kind of visa i need to get? Can i get E3 visa as an unskilled worker? but is E3 visa as an unskilled worker just for Australians only?
    4.Then my plan is i want to get the green card there as i can stay as long as possible, what should i do?
    5.If the employer ask me for money, do i need to give? i am afraid it’s a scam.

    Really Thank you

    Mike

  23. Hi Mike,
    1. Jobs suit you that match your experience and your academic qualifications
    2. There is no such website that makes things easy you just have to search the regular job sites
    3. If you are Indonesian then the visa you really would be targeting is the H1B visa. (the E3 visa is only for Australian citizens and both the E3 and H1B visa are for professional workers)
    4. Your employer who sponsors your visa can also sponsor your Green Card if they decide too. You can’t do this on your own. In the meantime you can always try the annual Green Card Lottery
    5. You shouldn’t give money to your employer as more often than not it is a scam.
    Good Luck,
    Cj

  24. Hello,

    I am just trying to get some direction in terms of finding out if i am allowed to stay in the USA working while my E3 visa extension is in the process of being approved or denied?

    My E3 visa expires on April 29th 2011 and is currently in the process of being reviewed and I am waiting for a verdict from USCIS..who knows how long right?……..but i recently was emailed a receipt from Dept of Homeland Security to say my application was “actioned” by USCIS…..so at least i know it is in the system.

    I am just wondering, if my application is in the process of being looked at by USCIS and i have not recieved a verdict by the April 29th 2011 (visa expiration), am i legally allowed to continue working/living in the USA until i recieve a verdict from the USCIS or do i have to exit the USA?

    Please and thank u………..im sweating it out right now and it is not fun!

  25. hi Cj, thank you very much for replied. And there is still one more thing i want to ask that now i am in my country but there is a american girl who like to marry me. so how to do the process from the beginning? how to get me to USA?

    Cj, i am waiting your best reply.
    thank you Cj cute.

  26. Hey CJ,

    I need some help clarifying the process a little. I studied in the US and I am currently working in the US as an extention of my F1 visa, on a OPT status. My employer wants me to continue working there and offer me more and full time except she doesn’t like the fact that I have a end date- mid July. I want to apply for an E3 visa but I’m still a little confused about the exact process.
    Like Andrew, which form do I lodge first? Should my employer lodge the ETA 9035 or should I first lodge the I-129? Does applying for this change of status from OPT to E3 affect my status here or my application for a new E3 status? Do I have to be in Australia to apply and interview or can it be done here in Hawaii?

    Your website has been very informative and I appreciate the feedback you gave to others. Thanks and I hope to hear from you soon.

    Thalia

  27. Hi,
    I am currently in the US on a b2 tourist visa. I have been offered a job and will be applying for an e3 visa. Is there anyway that I can do that without going back to Australia. My b2 visa runs out in a couple of weeks and I would prefer to be interviewed and just stay here.
    Thanks for any help.
    Wayne

  28. Hiya,

    So I just have a question about the Labor Coalition Application. Is it similar in that i cannot submit the form any less than 6 months prior to the start date on my job offer, or can i submit it, and start work as soon as it goes through and then my visa is approved. I know that this is true of the H1-B1 visa, but i’m not sure about the E3, and i can’t find it written anywhere!
    If you could get back to me as soon as you can that would be awesome.

  29. Hi CJ,

    I am currently on my last year of H1B, having renewed once a couple of years ago. Now, I am think about transferring to E3. Do I have to do this before my H1B ends, or can I wait until my next travel to Australia to apply for an E3 then. My current plan for travel back to Australia is 3 months after my H1B ends.

    Thanks
    David

  30. Hi CJ,

    I found your website very useful. I am currently applying for jobs in New York from Sydney and would like to know what I should write on my CV in terms of visa status.

    I am eligible for both the E3 visa, J1 Summer work & Travel visa and J1 12 month working visa. What should I then write on my resume? What would look more appealing to employers? should I write that no visa requirements (as J1 visa is pretty much supplied by myself) considering that I would eventually have to be on an E3 visa later on?

    thanks!

  31. Hello,

    Thank you for this website, it has infinitely useful. Another question for you…

    Do you know if there is any minimum contract time a job offer can be for to be eligible for the E3 visa? ie. Would a six month contract position pose an issue?

    Thanks.

  32. Hello,

    This is a fantastic website! Great resource.

    I have a question regarding transferring to the visa waiver from an E3 visa. Is it possible to conduct the transfer while in the US or do I need to leave the US for a few days and then re-enter?

    Thank you in advance!

  33. Hello!

    Again, what an excellent website..

    I have been in the US for the past year on a J1 visa, but it has expired… so, I am under the impression that I have to go home with my LCA from my employer, letter of offer etc, and go through the process of applying for my E3 at the US consulate in sydney as outlined in all the information on this website.

    My question is… do I need my employer to fillout the i-129 form? They think I do, and need to wait to receive back an I-797 notice before I can go to my consulate. I have not found this information on the site…

    Any assistance is greatly appreciated.

    Thanks!

  34. i-129 is not needed, when the visa is being applied in a foreign country.

    Fill out the online for DS-160 and you’re set to go!

    I can’t believe I paid $1500 to a lawyer that knew nothing about this!!

  35. Can an employer hire an individual who’s already on E3 visa in US with another company? Is it easy to transfer E3 visa and is the process similar to H1B?

    Thank You

  36. Hi,
    I have an E3D and have not travelled to the US on this visa yet.
    My company in India is now applying for L1A.
    If the consulate rejects my L1A petition, will they cancel my E3D as well?

    Please advice!

    Regards,

    Shalini

  37. What happens if you are laid off while on a E-3 visa? I cant seem to find any information about this… Does the employer have to report it to immigration? What is the official date of termination, last day of work or last day of severance pay? Can one stay on a E-3 visa that hasn’t expired even if they lost their job…

    Thank you in advance, I don’t know what to do.

  38. Hi Mary,
    I am sorry to hear that. We actually did a whole post a while back on what goes on when laid off on the e3 visa as was a common occurrence in 2009 at the height of the recession. In short some employers to be nice to their employees delayed reporting to give the unfortunate immigrant time to find new employment b/c you cannot legally be out of work for more than 10 days on the e3 visa or the h1b visa for that matter before you have to leave. The last day of work is when you finished working as is separate from any severance you may receive.
    I hope all goes well for you and that your journey continues in a positive direction soon.
    Cj

  39. Hi , Im trying to go to LA , i have an employer ready to go. The job is Car Sales and F&I and i have had 12 years experience in the industry . I am licenced in sales and the job is commision only . my employer is happy to state my wages will be between 60000-100000 . My job in the US does require a bach degree and I have extensive referals stating my experience in the auto industry . Am i right in thinking this can happen on the e3 visa and do i just get my employer to fill out 9035a form to dept of labor then with that aproved i then have the interview with us embassy for the visa . These two steps are all that is required . Your help is very much appreciated . this is by far the best site to get the right info off , thank you .

  41. Hi there,

    Following on the answer to RA’s question above about transferring from a B1 to an E3, would someone in that situation have to go back to Australia to transfer to an E3 if it is the first time that one is applying for an E3 visa?

    There is a line at the following website “http://canberra.usembassy.gov/e3visa/apply_search.html” that states:
    “All visa applicants must appear at a U.S. Consulate or Embassy abroad to apply, and first time E3 visa applicants will need to apply in Australia.”

    Or does this not apply if one already has a B1 visa?
    The reason for having a B1 visa is that one may have had to go to the US before becoming an Australian Citizen and so needed the visa in the other(non-Australian) passport.

    The immigration authorities prefer for one to enter the US on the B1 visa over entering on the visa waiver program if one has another (non -Australian) passport with a B1 visa in it.

  42. Hi there,

    This is a fantastic website – so much useful information.
    I just have a couple of quick questions that you someone might be able to help me with.

    I am in the process of applying for an E3 visa for Australian citizens. I have a job offer for a Marketing / Comms Managers role for a US company and have a Bachelors Degree and a number of years experience in the same field. As far as I can tell I meet all the requirements for the visa.

    My question is that my future employer has insisted on doing the entire application process through their legal firm in the US. I have supplied all the documents and completed all the forms provided but the process is taking a long time. I have sent them a lot of info on the visa and mentioned that I thought the process and consulate interview had to be done here in Australia but they have said they can apply for the Visa for me in the US.

    Is this common? Or have you heard any similar stories? I have checked and it is definitely the e3 visa that they are applying for, it just seems strange that I haven’t had to do anything in Australia (yet).

    Thanks!

  43. HI,
    I’m currently on the J1 and am looking to transfer it over to the E3. I have an employer willing to sponser me. Can I please confirm that the only thing they need to do is fill out the ETA-9035(e) or also the I-129 ( which I have read above somewhere). Please can you let me know via email.
    Thanks,
    Angela Li

  44. Does it matter about the size of the business? Can it be a small business of 1-2 people who hire you for the E3 Visa?

  45. It does matter in and of itself but your LCA or Visa petition can be debied if the company does not seem legitimate, not deemed to have a long history/tax history and/or if they from their financial records don’t have a record of being able to pay salary, expenses, etc.
    Cj

  46. Hello,

    I’m in US on E3D visa, now I have an employer who can sponsor me E3 Visa.
    1. Can I apply E3 Visa from USA? change of status from E3D to E3? or
    2. I need to travel to the US embassy in Canada to apply to get the E3 visa? or
    3. I need to go to Australia to apply the E3 visa?

    Thank you.

  47. Quick question….
    Just wanted to get a firmer idea of processing times….my work permit in Canada expires on 6th Sept so wanted to see if I would get my E3 in time.
    From what I can see, the processing time is mainly just when you can get an appointment with a consulate. is that right?
    What about that document that the employer has to put in … do they have to actually have to send that in somewhere and we wait for a response before the E3 interview?
    Also, do spouses get the visa at the same time? My husband wants to work. Is it correct that he can only apply for the employment authorisation once we get to the US and it takes about 3 months?
    Thanks.
    Jacqui

  48. Hi There,

    I am sure you have answered this question a hundred times but i can’t seem to find it on any of the blogs. I am currently in the US on a Visa Wavier program, i have found a company willing to sponsor me. So, do i have to fly back to Australia to apply as i am a first time applicant for an E3? or can i just fly to canada and apply from there even though i am currently on a visa wavier???

    All the info i seem to find contradicts its lf a lot….Any help/advice would be much appreciated.

    Cheers

    Reed

  49. Hi, Thanks for hosting all this great information on your website. I have just one question regarding this line: ‘You should note that the salary has to meet the Department standard for the average salary for that type of role in that region of the country.’

    Is it a problem with the Department of Labour if the salary stated on the LCA is higher than the average US salary for that kind of work, or is the problem only if it is lower, or both?

    Many thanks,

    Zoltan

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