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NEW E-3 VISA FOR AUSTRALIANS

Section 5 of the Real ID Act of 2005 has created a new visa classification known as E-3 for Australians by adding a new Section, being 101 (a) (15) (E) (iii) to the U. S. Immigration and Nationality Act.

The new E-3 Visa allows nationals of the Commonwealth of Australia to enter the U.S.A. to perform services in a “Specialty Occupation.”

“Specialty Occupation” is defined as follows:  Specialty Occupation, per Subsection 3 of the Immigration and Nationality Act, Section 214 (i), meaning an occupation requiring the theoretical and practical application of a body of specialized knowledge and the attainment of at least a bachelors or higher degree in the specialty, or its equivalent, as a minimum for entry into the occupation in the USA.

An employer /sponsor is required in order to obtain an E-3 Visa, and the petitioning employer will be required to file a Labor Condition Application with the U. S. Department of Labor, however no petition with the U. S. immigration authority is required.

A numeric cap of 10,500 E-3 Visas per year has been put in place, on a first come / first serve basis.

The new E-3 Visa can be granted for up to five years, and it can be renewed as business requires.

Unlike other and similar visas, the E-3 Visa also allows the spouses of any E-3 Visa holder to obtain employment authorization and to work in the United States.

And, in another anomaly relevant to the usual visas, applicants for the new E-3 Visa need not maintain an abode in Australia during the period of the E-3 Visa, however each applicant is required to attest that he or she has the intention to depart the U.S.A. once their lawful E-3 status terminates.