NonimmigrantEmployment-basedAustralians onlyAnnual capSpouse can work

E-3 Australian Specialty Occupation Worker

For Australian citizens coming to work in a specialty occupation. Renewable in two-year periods, with no lottery, and spouses may work without a separate permit.

Last reviewed Oct 1, 2026Sources: USCIS · DOL · U.S. CodeReport an error

At a glance

Who can apply: Australian nationals
Annual cap: 10,500 visas
Initial period of stay: Up to 2 years
Extensions: Up to 2 years each, no set maximum
Spouse employment: Authorized incident to status
Visa fee: $315 (E category MRV)

Spouses can work without an EAD. USCIS treats spouses in valid E-3 status as employment authorized incident to status. An unexpired Form I-94 showing “E-3S” is acceptable evidence for Form I-9. Children in E-3 status may not work.

Overview

The E-3 classification lets U.S. employers hire Australian nationals for jobs in a specialty occupation — work that requires at least a bachelor’s degree, or its equivalent, in a specific field. It works much like the H-1B but has its own annual limit and no registration lottery.

By statute, up to 10,500 E-3 visas may be issued to principal workers each fiscal year; spouses and children do not count against the limit. The employer must first obtain a certified Labor Condition Application from the Department of Labor.

E-3 is not one of the dual-intent classifications named in INA §214(h), so workers need to show they intend to leave the United States when their status ends.

Who qualifies

The worker must

Be a national of Australia.
Have a legitimate offer of U.S. employment in a specialty occupation.
Hold a U.S. bachelor’s or higher degree, or a foreign equivalent, in the required specialty (or equivalent education and experience).
Intend to depart when E-3 status ends.

The employer must

Obtain a certified Labor Condition Application (Form ETA-9035/9035E).
Pay at least the wage required by the LCA.

Duration & extensions

Initial period	Up to 2 years
Extensions	Up to 2 years per extension; no maximum number of extensions, with some exceptions
After job loss	USCIS may treat the worker as maintaining status for up to 60 days after employment ends (within the authorized period); DHS proposed removing this grace period on Sept. 11, 2026 (not final)
Dependents	Same period as the principal worker

Fees

Workers applying abroad pay the State Department visa fee. Extensions and changes of status inside the U.S. use Form I-129. USCIS amounts are from the fee schedule (Form G-1055, edition 10/01/26).

Fee	Amount	Who pays	Notes
Visa application (MRV) fee	$315	Worker	E category fee, per applicant including family members.
Form I-129 filing fee (in the U.S.)	$1,015	Employer	$510 for small employers (25 or fewer full-time-equivalent employees) and nonprofits.
Asylum Program Fee (with I-129)	$600	Employer	$300 small employers; $0 nonprofits.
Premium processing (Form I-907)	$2,965	Employer	Optional for I-129 E-3 petitions; only the petitioner can request it. USCIS acts within 15 business days.
Form I-539 (dependents in the U.S.)	$470	Family member	$420 online; used by E-3 dependents extending or changing status.

No ACWIA, fraud prevention or $100,000 H-1B payment applies to E-3. Public Law 119-21 created a Visa Integrity Fee of at least $250 on nonimmigrant visa issuance, but as of Oct. 1, 2026 it does not appear on the State Department’s visa fees page.

Processing time

Premium processing: 15 business days; For in-U.S. Form I-129 E-3 filings, $2,965.
LCA review (DOL): 7 working days; DOL reviews LCAs for completeness and obvious errors.

There is no fixed filing season. Consular wait times vary by post; regular USCIS times are on the processing times page.

Application steps

1
Job offer
A U.S. employer offers an Australian national a job in a specialty occupation.
2
LCA certification
The employer files the LCA with the Department of Labor, designating E-3, no more than 6 months before the start date.
3
Visa application abroad
The worker applies for the E-3 visa at a U.S. embassy or consulate with the certified LCA, job offer and degree evidence.
4
Or change of status in the U.S.
An Australian already in the U.S. in another status can have the employer file Form I-129 with USCIS.
5
Extend every 2 years
Before status ends, file a new LCA and an I-129 extension, or obtain a new visa abroad.

Required documents

From the employer

Certified Labor Condition Application
Job offer letter describing duties, pay and duration
Form I-129 (for in-U.S. filings)

From the worker

Australian passport
Degree, transcripts or credential evaluation
Professional license, if the job legally requires one

Dependents & family

A spouse and unmarried children under 21 may receive dependent E-3 classification. They do not need to be Australian citizens, but the U.S. does not recognize de facto relationships, so a spouse needs a marriage certificate.

Spouses in E-3 status are employment authorized incident to status and may present an unexpired I-94 annotated “E-3S” for Form I-9; they may also file Form I-765, with fee, if they want an EAD card. Children may not work.

Path to a green card

E-3 is not a dual-intent status, so a pending green card case can complicate E-3 extensions and visa applications.

Some Australian workers move to a dual-intent status such as H-1B or L-1 before starting a green card process, or apply through an immigrant category with timing in mind. Individual legal advice is the usual route.

H-1B

Specialty occupation worker

Dual-intent alternative, but subject to the cap selection.

H-1B1

Chile and Singapore professionals

E-2

Treaty investor

For Australians investing in and running a U.S. business.

L-1A / L-1B

Intracompany transferee

For Australians transferring within a multinational.

O-1A

Extraordinary ability

No annual cap or selection.

Common questions

Is there a lottery for the E-3?

No. There is an annual limit of 10,500 E-3 visas, but no registration or random selection.

Can my spouse work?

Yes. Spouses in E-3 status are employment authorized incident to status. An unexpired I-94 annotated “E-3S” works as evidence for an employer.

How many times can I renew?

Extensions are granted for up to two years at a time, and USCIS sets no maximum number of extensions, with some exceptions.

Can I change employers on an E-3?

Yes, but the new employer must get a certified LCA and file Form I-129, and the petition must be approved before you can start working for the new employer. Unlike H-1B, there is no portability on filing.

Do I need a USCIS petition?

Not to apply for an E-3 visa abroad, where the certified LCA is presented at the consulate. Changes of status and extensions inside the U.S. use Form I-129.

Official sources

Recent changes

Sep 11, 2026
Proposal to end the 60-day grace period. Proposed rule to remove 8 CFR 214.1(l)(2), the up-to-60-day grace period after employment ends for E-3 and certain other workers. Comments close Nov. 10, 2026; not final. Source ↗
Sep 9, 2026
New Form I-129 edition. USCIS published the 09/09/26 edition of Form I-129; only this edition is accepted from Nov. 9, 2026. Source ↗
Mar 27, 2026
Proposed higher prevailing wage levels. Proposed rule to recompute the four OEWS wage levels used for LCAs, including E-3 LCAs. Comments closed May 26, 2026; not yet final. Source ↗
Mar 1, 2026
Premium processing rises to $2,965. Inflation adjustment from $2,805 for Form I-129 E-3 petitions. Source ↗
Jul 4, 2025
Visa Integrity Fee enacted. Public Law 119-21 requires a fee of at least $250 at issuance of any nonimmigrant visa. Source ↗
Apr 1, 2024
New USCIS fee schedule. Form I-129 E-3 fee set at $1,015 ($510 small employers and nonprofits) and the $600 Asylum Program Fee added. Source ↗
Jun 17, 2023
E visa application fee rises to $315. The MRV fee for E category visas increased from $205 to $315; the State Department delayed the rule’s effective date from May 30 to June 17, 2023. Source ↗

This page is general reference material compiled from the official sources above and is not legal advice. Eligibility depends on individual facts; rules and fees change, so confirm with the agency before you file. VisaTypes.com is not affiliated with USCIS, the Department of State or any government agency. Spotted an error? Tell us.