E-3

E-3 non-immigrant visa status is based on a free trade agreement and available to Australian citizens and nationals who are engaged in specialty occupations in the U.S. A specialty occupation is a position that requires the theoretical and practical application of a body of highly specialized knowledge, and at least a Bachelor’s degree in a specific field. Similar to the H-1B visa, the employer is required to obtain or determine a prevailing wage and file a Labor Condition Application (LCA) for the position. Important characteristics of the E-3 visa category:

• No prior petition to USCIS is required, unless the employee is in the U.S. and requests a change of non-immigrant status or extension of status.
• E-3 status is employer and position specific, which means that E-3 employees can only engage in the activities described in the E-3 documentation.
• E-3 status can be awarded in increments of up to two years and there is no maximum duration that an E-3 can remain in the U.S.
• While there is no formal limit to E-3 status, this visa category is a non-immigrant status, which means that E-3 employees must have the intent to depart the U.S. However, they are not required to maintain a residence in Australia while in the U.S.
• Medical doctors can provide clinical services, provided that they have the license required by the state in which they will be practicing.
• Premium processing is not available for an I-129 petition filed in the U.S. If extended while in the U.S., extension applications need to be filed 6 months prior to the end of E-3 status, as there is no 240-day extension period to continue working while the extension is pending.
• Dependent spouses of E-3 visa holders in E-3D status can request permission to work while in the U.S. Both dependent spouses and children may study.

If you are an Australian citizen and you receive an offer to work at UT Health San Antonio, please work with your hiring unit and OIS to ensure that E-3 status is the most appropriate visa category. Once OIS receives the necessary documentation from your hiring unit, we will determine a prevailing wage and file a Labor Condition Application. Please allow at least 2-3 months in advance of your anticipated start date, as you will want to factor in visa processing times. How much time will be necessary depends on whether you will travel to obtain E-3 status or if a petition will be filed with USCIS.