Carnegie Mellon University

E-3 for Australians

The E-3 Australian Specialty Occupation Workers category resulted from the Australian-United States Free Trade Agreement (AUSFTA) to facilitate the entry of Australian citizens to work in the U.S. in “specialty occupations.”

The E-3 category allows a maximum of 10,500 Australian citizens per fiscal year (October 1 to September 30) to work in the US in E-3 status. E-3 applicants may apply for up to two years at a time, and extensions may also be granted for up to 24 months at a time. One advantage of E-3 status is that there is no upper limit on the length of time that an individual may remain working in E-3 status, although non-immigrant intent is meant to be maintained.

Application for the E-3 requires slightly more effort for the host department than the J-1 DS-2019 process and slightly less work than the H-1B petition process. Like H-1B employees, E-3 employees must be able to demonstrate and meet the “specialty occupation” definition.

Those who hold E-3 status are expected to return home upon completion of their employment in the U.S.; however, an application for initial admission, change of status or extension of stay in E-3 class may not be denied solely on the basis of an approved request for permanent labor certification or a filed or approved immigration visa preference petition.