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The E-3 visa classification currently applies only to nationals of Australia as well as their spouses and children. A non Australian Souse of an Australian E-3 visa holder is qualified for the E-3 visa as a dependant of his/her husband or wife. The E-3 principal nonimmigrant aliens must be coming to the United States solely to perform services in a specialty occupation. The E-3 visa is similar to the H-1B visa, although unlike the H1b, The E-3 worker need not file a petition with the USCIS. Consulate filing is acceptable.
The E-3 visa classification is numerically limited, with a maximum of 10,500 visas available annually. Spouses and children do not count against the numerical limitation nor are they required to possess the nationality of the principal. A Labor Condition Application (LCA), containing attestations by the sponsoring employer related to wages and working conditions must be filed with and approved by the Department of Labor (DOL).
The definition of a “specialty occupation” under the E-3 visa is similar to the definition of a “specialty occupation” under the H-1B visa. In general, a specialty occupation is one that requires theoretical and practical application of a body of knowledge in professional fields and at least the attainment of a bachelor's degree, or its equivalent, as a minimum for entry into the occupation in the United States. The recent State Department's regulations governing E-3 visas incorporate the definitions contained in section 214(i)(1) of the Immigration and Nationality Act (INA). In order to determine what constitutes a "specialty occupation," consular officers abroad will be guided by, and will apply, regulatory criteria already developed by the Department of Homeland Security for the H-1B classification.
Status of Spouse and Minor Children
Section 214(e)(6) of the Immigration and Nationality Act permits the spouse of a principal E nonimmigrant to engage in employment in the United States. As is the case for the spouse of a principal E-1 and E-2 nonimmigrant, the spouse of a qualified E-3 nonimmigrant may, upon admission to the United States, apply for an employment authorization document, which an employer could use to verify the spouse's employment eligibility. Such spousal employment may be in a position other than a specialty occupation.
E-3 validity
E-3 I-94 time limits are the same as E-1 and E-2 visas (as opposed to H-1Bs). As with other E visas the E-3 visa can be extended indefinitely as long as the worker continues employment in the proffered position as the required wages.
Four major advantages of the E-3 over the similar H1b:
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Not subject to the H1b quota
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Can extend your stay indefinitely (apposed to 6 year limit for the H)
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Spouse can work with an approved work permit (H spouse does not qualify for work permit)
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May apply directly at either the US Consulate in Australia or in Some cases Canada (no need for prior approval form USCIS as is required with the H)
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