E-3 Visa: Complete Guide for Australian Professionals
This guide covers everything you need to know about E-3 visa eligibility, requirements, costs, the application process, and E-3 visa sponsorship jobs.

The E-3 visa is a nonimmigrant U.S. work visa available exclusively to Australian citizens employed in specialty occupations. It allows qualified professionals to live and work in the United States for up to two years at a time, with unlimited renewals. This guide covers everything you need to know about E-3 visa eligibility, requirements, costs, the application process, and E-3 visa sponsorship jobs.
Key takeaways
- The E-3 visa is exclusively for Australian citizens working in specialty occupations, professional roles that require at least a bachelor's degree in a specific field.
- There is no lottery. The annual cap of 10,500 visas has never been reached, and the approval rate sits around 98%.
- The E-3 visa process typically takes 4–6 weeks from start to finish when applying through a U.S. consulate. Applicants apply directly at a consulate with a certified LCA, no USCIS petition is required beforehand.
- E-3 visa costs are significantly lower than most work visas. The primary government fee is $315 USD for the visa application, with no employer petition fees required.
- Your spouse can work for any U.S. employer without needing a separate work permit, and you can renew your E-3 indefinitely, extensions with the same employer don't count against the annual cap.
What is an E-3 visa?
The E-3 visa is a nonimmigrant work visa that allows Australian citizens to work temporarily in the United States in a "specialty occupation", a professional role that requires a bachelor's degree or higher in a specific field.
The E-3 has its own dedicated pool of 10,500 visas per year, and that cap has never been reached. Fewer than 5,000 E-3 visas are typically issued annually, which means qualified applicants can apply at any time without worrying about availability.
One of the E-3's structural advantages is that applicants apply directly at a U.S. consulate with a certified Labor Condition Application, no employer petition to USCIS is required beforehand. This makes the process faster and involves fewer steps than most other employment-based visa categories.
What can you do on an E-3 visa?
- Work for your sponsoring U.S. employer in a specialty occupation
- Bring your spouse and unmarried children under 21 as dependents
- Stay for up to 2 years per visa period, and renew in 2-year increments with no upper limit, extensions with the same employer don't count against the annual cap
- Travel in and out of the U.S. freely while your visa is valid
- Your spouse can work for any U.S. employer without needing a separate work permit (more on this below)
What the E-3 visa doesn't offer
It's worth being clear about what the E-3 visa doesn't do, because a few common misconceptions tend to cause problems down the line.
- It's not a direct path to a green card. The E-3 visa is a temporary work visa. It doesn't automatically convert to permanent residence, and it's not a "dual intent" visa the way the H-1B is. That doesn't mean a green card is impossible, it just means it's a separate process that requires careful planning.
- It's not for self-employment or freelance work. You need a legitimate employer–employee relationship with a U.S. company. Some contract or staffing arrangements can qualify, but that's a grey area worth getting legal advice on.
- It's not for roles that don't require a degree. The job has to genuinely require a bachelor's degree as a minimum entry requirement. A vaguely defined role where a degree is "nice to have" won't qualify. However, if you don't have a traditional four-year degree, a combination of education and relevant work experience may satisfy this requirement through the 3-for-1 rule (covered below).
- It's not the same as an E-1 or E-2 visa. Those are treaty trader and treaty investor visas with completely different rules and eligibility criteria.
E-3 visa requirements

You must be an Australian citizen
This one's non-negotiable. You need to be an Australian citizen with a valid Australian passport. Permanent residents holding passports from other countries don't qualify, citizenship is the requirement, not residency. Dual citizens with Australian citizenship do qualify.
Your degree needs to match the role
You need a bachelor's degree or higher in the specific field your job falls under, either a U.S. degree or a foreign equivalent. Australian three-year bachelor's degrees from accredited universities are generally accepted as equivalent to U.S. four-year degrees for E-3 purposes. The key word here is "specific." A degree in marketing won't support an E-3 visa application for a software developer role, even if you've been doing the job for years. The field of study needs to align with what the position actually requires.
If your degree doesn't quite match, or you're missing some formal education, there's a rule that can help. The 3-for-1 rule allows three years of directly relevant work experience to substitute for one year of academic study. So if you have a two-year associate's degree and six years of hands-on experience in the same field, that experience could make up the difference to meet the equivalent of a four-year bachelor's requirement. The experience has to be directly relevant, general work history in a loosely related field won't count.
The job has to be a specialty occupation
A specialty occupation has to meet specific criteria set by USCIS: the position must require highly specialized knowledge, and a bachelor's degree in a specific field must be the standard entry requirement for that type of work in the industry.
The job title alone doesn't determine qualification. What matters is whether the employer's job description explicitly requires a bachelor's degree in a specific field. A "marketing manager" role could qualify if the position requires a degree in marketing or business, but would not qualify if the employer accepts candidates with any degree or no degree at all.
Employment arrangement
Full-time or part-time both meet the E-3 visa requirements. There's no minimum number of hours required for E-3 sponsorship, the LCA just needs to accurately reflect your hours and the corresponding wage, which must meet the prevailing wage for the occupation and location. What matters is that you have a legitimate employer–employee relationship.
Nonimmigrant intent
You need to intend to return to Australia when your E-3 status ends. This doesn't mean you can never think about staying longer-term, but at the time of your application or entry, you can't have a clear present intent to immigrate permanently.
Professional licensing
If your occupation requires a state license to practice, medicine, nursing, law, architecture, and similar fields, you need to have or be able to obtain that license before you start working.
E-3 visa specialty occupation list

The criteria above define what USCIS is looking for in a specialty occupation. But what does that actually look like in terms of real jobs? Here are the categories that most commonly qualify, and why each one does:
| Job category | Why it typically qualifies |
|---|---|
| Software engineering | Bachelor's in computer science or a related field is the standard hiring requirement across the industry |
| IT and systems administration | Core roles require a degree in information technology or a related discipline |
| Data science and analytics | Requires specialized knowledge of statistics, machine learning, or related fields — almost always degree-gated at entry level |
| Finance and accounting | Financial analyst, accountant, and similar roles require a bachelor's in finance, accounting, or economics as a baseline |
| Management consulting | Major firms hire at the analyst level based on a bachelor's in business, economics, or a related field |
| Civil, mechanical, and electrical engineering | Regulated roles that require a degree in the specific engineering discipline |
| Biomedical and life sciences | Requires a bachelor's or higher in biology, chemistry, or a related field |
| Architecture | Requires a bachelor's in architecture, and often a professional license on top of that |
| Law | Requires a JD or equivalent, plus typically state bar admission |
| Healthcare | Physicians, physical therapists, medical researchers — requires a degree in the relevant medical or health science field |
| Human resources management | Senior HR roles increasingly require a bachelor's in HR, organizational psychology, or a related field |
This isn't an exhaustive list, there are qualifying roles outside these categories. And being in one of these fields doesn't automatically mean your specific role will qualify. Whether a job counts as a specialty occupation depends on how the employer defines the position and whether a degree is genuinely required for that role at that company. A software engineer position at a major tech firm is a very different case from a vaguely titled "tech support" role at a smaller company, even if the day-to-day work overlaps.
Migrate Mate lists jobs from employers with verified E-3 sponsorship history. Explore open positions and filter by role category to see what's available.
E-3 visa process: step-by-step
Here's exactly what happens between getting your job offer and having an E-3 visa in hand. If you're applying from outside the U.S., you'll go through consular processing, you apply directly at a U.S. consulate with no USCIS petition required beforehand.
Step 1: Secure a job offer
You need an official offer letter for a specialty occupation from a U.S. employer that outlines your role, duties, salary, and start date. The role has to qualify as a specialty occupation, and the salary must meet the prevailing wage for your occupation and location.
Find E-3 sponsorship jobs on Migrate Mate →
Step 2: Your employer files a Labor Condition Application (LCA)
Your employer files Form ETA 9035/9035E electronically through the Department of Labor's FLAG system. The DOL typically certifies LCAs within 7 working days. This step is handled by your employer, you don't file anything here, and there's no filing fee. Once it's certified, you're ready to move to the next step.
Step 3: Complete your DS-160
The DS-160 is your official visa application, completed online. You'll pay a $315 USD fee and print the confirmation page with the barcode, you'll need that at your E-3 visa interview.
Step 4: Schedule and attend your visa interview
Schedule an interview at a U.S. consulate through ustraveldocs.com/au. In Australia, E-3 visa interviews are conducted at U.S. consulates in Sydney, Melbourne, and Perth. The U.S. Embassy in Canberra does not conduct visa interviews.
Wait times for E-3 appointments vary by consulate and change frequently. Sydney, Melbourne, and Perth each release appointment slots on different schedules, so check all three locations when booking.
Check current E-3 visa appointment availability across all three consulates on Migrate Mate's E-3 Visa Appointment Calendar →
The consular officer is seeing your application for the first time at this interview, they're the ones making the decision. Keep your answers concise and stick to the facts. If it's a yes/no question, answer yes or no. Don't volunteer information you weren't asked for.
If approved, your passport will be returned with a visa stamp within 3–5 business days. You can enter the U.S. up to 10 days before your LCA start date, but you can't begin working until that date. After entry, verify your I-94 arrival record online to confirm your authorized period of stay.
Recent policy changes affecting your application (September 2025)
Two significant changes took effect in September 2025 that affect how and where you apply:
Interview waivers have ended. As of September 2, 2025, most E-3 visa applicants, including those renewing, must attend an in-person interview at a U.S. consulate. Previously, Australians renewing their E-3 could often skip the in-person interview if they met certain conditions. That option is now largely gone.
Third-country interviews are restricted. As of September 6, 2025, E-3 visa applicants are generally expected to interview in their country of nationality or residence. If you're an Australian living in the U.S. and were planning to renew during a trip to Canada or another country, that's now much harder. Most U.S. consulates will no longer accept E-3 interviews from third-country nationals unless you're a resident of that country.
The practical impact: if you need to renew your E-3 and you're based in the U.S., you'll likely need to fly back to Australia. Plan your timeline accordingly and check current consulate appointment availability.
E-3 visa processing time
| Stage | Typical timeline |
|---|---|
| LCA certification | 7 working days |
| DS-160 completion | 1–2 days |
| Interview scheduling | Varies by consulate (days to weeks) |
| Visa interview | 5–15 minutes (plus 30–90 minutes waiting beforehand) |
| Visa issuance after approval | 3-5 business days |
| Total (consular processing) | 3–4 weeks when everything runs smoothly. Typically 4–6 weeks. Rarely 6+ weeks unless consulate appointments are scarce. |
What can slow things down
- Consulate appointment availability. Appointment availability varies between Sydney, Melbourne, and Perth. Check all three when scheduling, as one location may have earlier openings than the others. Times fluctuate throughout the year, so if availability is limited, check back regularly as new slots are released. Check current availability across all three consulates →
- Administrative processing. If the consulate flags your application for additional security checks, there's no set timeframe. It can add a few weeks or several months, and there's no way to know in advance whether it will happen.
- Incomplete or inconsistent documentation. Mismatches between your LCA and job offer letter, errors on your DS-160, or missing documents can delay things or force you to reschedule. Double-check everything before your interview.
If you're already in the U.S. and applying via Form I-129, the timeline is completely different, see the section below.
E-3 visa interview checklist
Bring all of the following to your interview:
- Valid Australian passport (ideally valid for at least 6 months beyond your intended stay)
- DS-160 confirmation page (with barcode)
- Visa fee payment receipt
- Certified Labor Condition Application (approved by the DOL)
- Job offer letter (detailing your role, duties, salary, and start date)
- Academic credentials (degree certificate and transcripts)
- Credential evaluation, if applicable (for non-U.S. degrees, to confirm U.S. equivalency)
- Resume or CV showing relevant work experience (especially if you're using the 3-for-1 rule)
- Passport-style photo less than 6 months old (as a backup if your DS-160 photo upload didn't go through)
Some consulates may ask for additional documents. Check the website of the consulate you're attending before your appointment.
E-3 visa process if you're already in the U.S.
If you're already in the U.S. on a valid nonimmigrant status, an F-1, another E-3, an H-1B, or similar, you don't need to leave the country. Instead, your employer files Form I-129 directly with USCIS to change or extend your status.
This is a fundamentally different process from consular processing, and the timeline reflects that. Standard I-129 processing currently takes around 8–12 months. You can check current wait times on the USCIS processing times page.
Premium processing is available for $2,965 and guarantees a USCIS decision within 15 business days.
An approved I-129 grants you E-3 status but not a visa stamp. If you leave the U.S. after a status change, you'll need to visit a U.S. consulate to get the actual visa stamp in your passport before you can re-enter.
If you entered the U.S. on the Visa Waiver Program (ESTA), you cannot change status to E-3 from inside the country. You'd need to leave and apply through consular processing.
E-3 visa cost
Here's the full breakdown of government fees:
| Fee | Amount (USD) | Who pays | When it applies |
|---|---|---|---|
| LCA filing | Free | N/A | Every E-3 application — initial, extension, or transfer |
| Visa application (MRV) | $315 | Applicant | When applying at a U.S. consulate |
| Visa Integrity Fee | $250 | Applicant | Upon visa issuance at the consulate. Enacted under the One Big Beautiful Bill Act (July 2025). See note below. |
| Form I-129 filing | $1,015 / $510 | Employer | Only if extending or changing status inside the U.S. $1,015 for employers with 26+ employees; $510 for smaller employers or nonprofits. |
| Asylum Program Fee | $600 / $300 / $0 | Employer | Only when filing I-129. $600 for 26+ employees, $300 for 25 or fewer, $0 for nonprofits. |
| Premium processing | $2,965 | Employer or applicant | Only for I-129 filings. Gets you a decision in 15 business days. |
On the Visa Integrity Fee: The $250 fee was enacted into law on July 4, 2025, and applies to all nonimmigrant visa issuances at U.S. consulates. As of early 2026, the collection mechanism is still being finalized. Check the current status before your appointment.
Fees change periodically. Always check the current amounts on the USCIS fee schedule and travel.state.gov before filing. The employer is legally required to cover the I-129 and Asylum Program fees. The applicant typically covers the visa application fees. If you're using an immigration attorney, their fees are on top of these government costs, typically AUD $4,000–$7,500 depending on complexity.
E-3 visa length of stay, renewals, and the 60-day grace period
Extensions and renewals
Your E-3 visa can be renewed indefinitely in 2-year increments. Extensions with the same employer are exempt from the 10,500 annual cap, the cap only matters when you're first applying. Once you're in and staying with your employer, renewals are straightforward as long as you continue to meet the eligibility requirements.
There's no hard maximum on how long you can stay. Plenty of Australians have maintained E-3 status for 8 or 10 years through successive renewals. Each renewal is approved on its own merits, though, past approvals don't guarantee future ones.
Renewal vs. extension vs. change of status
| Option | What happens | When to use |
|---|---|---|
| Consular renewal | New E-3 visa stamp at a U.S. consulate abroad | Standard renewal path. With interview waivers ended as of September 2025, you'll need to attend an in-person interview — most likely in Australia. |
| I-129 extension (via USCIS) | Extends your E-3 status inside the U.S. | If you want to avoid leaving the country. Grants status, not a visa stamp — you'll need to visit a consulate before your next international trip. |
| I-129 change of status | Changes from another visa (e.g., F-1) to E-3 | Already in the U.S. on a different visa. Same caveat about no visa stamp. |
The 60-day grace period
If your E-3 employment ends before your authorized stay expires, you get up to 60 days to sort out your next move, or until the end of your authorized stay, whichever comes first.
During the grace period, you can seek new E-3 employment, apply to change to a different visa status, or prepare to depart the U.S.
E-3 visa to green card: is it possible?
The E-3 is not a dual intent visa, applicants are expected to demonstrate nonimmigrant intent, meaning an intention to return to Australia when their status ends. There's no built-in pathway to permanent residence.
That said, many Australians have successfully transitioned from E-3 to green card through employer-sponsored immigration.
How the transition works
The most common route is through the EB-2 or EB-3 visa categories. Your employer drives this process, and it happens alongside your E-3, you don't need to leave the U.S. or give up your current status to get started. The key stages are:
- Labor certification (PERM). Your employer demonstrates to the Department of Labor that no qualified U.S. workers are available for your role. This typically takes several months.
- Immigrant petition (Form I-140). Once PERM is approved, your employer files an immigrant petition with USCIS on your behalf.
- Green card application. Once your immigrant visa becomes available, which depends on current visa backlogs as shown in the Visa Bulletin, you apply for permanent residence through adjustment of status or consular processing.
Country of birth matters
Green card wait times through EB-2 and EB-3 depend heavily on your country of birth, not citizenship. An Australian-born applicant typically faces shorter wait times. However, if you're an Australian citizen born in a high-demand country like India or China, the backlog can be significantly longer, in some cases, years. Check the current Visa Bulletin for up-to-date priority date information relevant to your situation.
The nonimmigrant intent timing challenge
USCIS guidance is clear: an E-3 application cannot be denied solely because you have an approved labor certification or a pending immigrant visa petition. Starting the green card process is not, by itself, disqualifying.
The timing nuance matters. Filing the I-140 (immigrant petition) does not, on its own, demonstrate immigrant intent, and the I-140 remains valid for years. Filing the I-485 (adjustment of status) is a different step, that's where you're explicitly applying for permanent residence, which does signal immigrant intent. Once you file I-485, continuing to renew your E-3 becomes problematic.
Common approaches E-3 holders take:
- File the I-140 early to establish a priority date, it remains valid even if you don't immediately proceed
- Wait until the priority date is nearly current before filing I-485
- Consider switching to H-1B before filing I-485, since the H-1B allows dual intent
This is genuinely one of the most complex areas of the E-3 process, and the specifics of your situation matter. Consulting an immigration attorney on timing is worthwhile here.
Changing jobs on an E-3 visa
The E-3 visa doesn't have a portability provision like the H-1B does. If you want to move to a new employer, you need to start the process fresh with the new company.
If you're outside the U.S., the new employer gets a certified LCA and you apply for a new E-3 visa at a consulate. If you're inside the U.S., the new employer gets a certified LCA and files a new I-129 with USCIS. Either way, you can't start working for the new employer until the new visa or petition is approved.
E-3 visa dependents and spouses
Your spouse and unmarried children under 21 can come with you to the U.S. on dependent visas (E-3S for spouses, E-3D for children). A few things to know:
Dependents don't need to be Australian citizens, they can hold citizenship from any country. However, the U.S. does not recognize de facto relationships for immigration purposes. To qualify as a spouse, you'll need a marriage certificate.
Children in E-3D status can attend school at any level without restriction, but they're not authorized to work.
When you renew or extend your E-3, your dependents need to extend or renew their status too. Each dependent applies separately, and each pays the $315 MRV fee.
Do I need an E-3 visa attorney?
Not always. The E-3 is one of the more straightforward work visa processes, and plenty of people get through it without legal representation. Your employer files the LCA, you complete the DS-160, and you attend the interview. For a clean case, the steps are well-documented and not especially complicated.
That said, there are situations where having an attorney makes a real difference:
- Your degree doesn't clearly match the role. If there's any gap between your field of study and what the job requires, an attorney can help frame the case so it holds up.
- You're relying on the 3-for-1 rule. Substituting work experience for education adds complexity. An attorney knows how to document this properly.
- The specialty occupation argument isn't airtight. If the job title is broad, or the employer hasn't clearly established that a degree is required, an attorney can strengthen the application.
- You have prior immigration issues. Previous visa denials, overstays, or anything similar, an attorney can assess the risk and advise on how to handle it.
- You're applying from inside the U.S. via I-129. The in-U.S. route has more moving parts and longer timelines.
- You're planning a green card transition. The dual intent timing considerations are complex enough that legal advice pays for itself.
If none of those apply, services like Migrate Mate can handle the filing process at a fraction of the cost of a traditional immigration attorney.
Common E-3 visa denial reasons
Understanding the most common reasons for denial lets you and your employer get the application right before filing. Here are the issues that come up most often.
Documentation and eligibility issues
The job doesn't clearly qualify as a specialty occupation. This is the most common reason for denial. If the job description is vague, or doesn't make a convincing case that a bachelor's degree is required for the role, the application won't hold up. Be specific about duties and required qualifications, both in the job offer letter and the LCA.
The degree doesn't match the role. Your field of study needs to align with what the position actually requires. If there's a gap, you'll need to bridge it with relevant experience or a credential evaluation, and ideally with an attorney's help.
Incomplete or inconsistent paperwork. Missing documents, mismatches between the LCA and the job offer letter, or errors on the DS-160. These are avoidable, take the time to review everything before the interview.
The employer can't demonstrate the role requires specialized knowledge. It's not enough for the job to be professional. The employer needs to show that the work genuinely draws on specialized expertise that comes from a degree in a specific field.
Intent issues
Evidence of immigrant intent. A pending green card petition alone isn't disqualifying, USCIS is explicit about that. But making statements that signal you plan to stay permanently, or having no evident ties back to Australia, can raise concerns at the consulate.
Prior immigration issues
Previous visa denials or violations. Unexplained prior denials, overstays, unauthorized work, or any past misrepresentation to U.S. immigration authorities can all complicate your application. Be upfront, trying to hide something is almost always worse than disclosing it.
Find E-3 visa sponsorship jobs
Finding an employer willing to sponsor an E-3 visa is often the first and hardest step in the process. Many U.S. companies are unfamiliar with the E-3, which means you'll often need to introduce the visa category as part of your job search.
Where to search
Migrate Mate lists 500,000+ job listings from companies that have sponsored E-3 visas before. You can filter by visa type, occupation and industry, location, and salary range, with verified sponsorship data so you're not guessing which employers will follow through.
Industries actively sponsoring E-3 visas
Based on historical sponsorship data:
| Industry | Common E-3 roles |
|---|---|
| Technology | Software engineers, data scientists, product managers |
| Finance | Financial analysts, accountants, actuaries |
| Healthcare | Physicians, physical therapists, medical researchers |
| Engineering | Mechanical, civil, electrical engineers |
| Consulting | Management consultants, business analysts |
| Academia | Researchers, professors, scientists |
Tips for E-3 job seekers
- Mention E-3 in your application materials. Many U.S. employers don't know the E-3 exists. A brief note explaining that the E-3 requires no lottery, no employer petition fees, and typically processes in 4–6 weeks can change the conversation.
- Target companies with Australian connections. Australian-founded companies or those with Australian employees already on staff will understand the visa and its process.
- Look beyond "sponsorship required" listings. Some employers post "no sponsorship" because they're thinking of H-1B costs and complexity. The E-3 is a different proposition, it's worth reaching out to explain the difference.
E-3 vs. H-1B: key differences
| E-3 | H-1B | |
|---|---|---|
| Eligibility | Australian citizens only | Any nationality |
| Annual cap | 10,500 (never reached) | 85,000 (heavily oversubscribed) |
| Lottery | No | Yes |
| Processing route | Apply directly at consulate with LCA | Requires approved I-129 petition from USCIS first |
| Typical processing time | 4–6 weeks | 4–8 months |
| Base filing fees | $315 MRV | $1,710–$6,460+ |
| New petition fee (as of Sept 2025) | None | $100,000 (for beneficiaries abroad — see note) |
| Maximum initial validity | 2 years | 3 years |
| Renewals | Indefinite (extensions exempt from cap) | 6 years max, extensions possible with green card pending |
| Dual intent | No | Yes |
| Spouse work rights | Yes - no separate permit needed | Limited (H-4 EAD restricted) |
| Portability | No | Yes |
When H-1B might make more sense
The H-1B has advantages in specific situations: if your primary goal is permanent residence (dual intent makes the green card process more straightforward), if you need a 3-year initial period instead of 2, or if portability between employers is important to you. For more, see our guide on how to apply for H-1B visa sponsorship jobs.
Other work visas worth knowing about
| Visa | Who it's for | Key details |
|---|---|---|
| L-1 | Any nationality | Intracompany transfers. Requires at least 1 year working for the same company abroad. |
| O-1 | Any nationality | For people with extraordinary ability or achievement. No annual cap, but the bar is high. |
| TN | Canadian and Mexican citizens | Created under NAFTA/USMCA. Very straightforward for qualifying roles. |
| J-1 | Any nationality | Exchange visitor visa. Purpose-specific, usually time-limited. Common for academics. |
| F-1 CPT/OPT | International Students | Work authorization tied to a [student visa](https://www.uscis.gov/working-in-the-united-states/students-and-exchange-visitors). OPT is a common stepping stone to H-1B. |
Frequently Asked Questions
Can I get a green card while on an E-3?
Yes, but it requires a separate process and careful timing. The E-3 isn't a dual intent visa, so applicants need to be prepared to demonstrate nonimmigrant intent. USCIS guidance is clear that having an approved labor certification or pending immigrant visa petition alone is not grounds for denial. The most common route is through EB-2 or EB-3 employer-sponsored immigration. See the "E-3 visa to green card" section above for the full picture, including the I-140/I-485 timing considerations.
Is there a lottery for the E-3?
No. The E-3 has no lottery system. You can apply at any time as long as the annual cap hasn't been reached, and to date, it never has. Fewer than 5,000 visas are issued per year against a cap of 10,500.
Can I apply for an E-3 if I entered on ESTA?
No. If you entered the U.S. under the Visa Waiver Program, you can't change status to E-3 from inside the country. You'd need to leave and apply through consular processing.
Can I apply for an E-3 from outside Australia?
Yes. You can apply at any U.S. consulate worldwide. That said, the September 2025 policy changes now generally require E-3 applicants to interview in their country of nationality or residence, and consular officers in Australia are more familiar with Australian credentials. Applying in Australia is considered the most straightforward route.
Can I work for multiple employers on an E-3?
Each employer needs their own certified LCA, and if you're in the U.S., each needs their own approved I-129 petition. If you're applying from outside the U.S., you can apply for concurrent E-3 visas at the consulate with two sets of paperwork. This is uncommon and worth getting legal advice on.
Can I work part-time on an E-3?
Yes. The E-3 allows both full-time and part-time employment. There's no minimum hours requirement. The LCA needs to accurately reflect your hours and the corresponding wage.
What happens if my E-3 employer lays me off?
You get up to 60 days from the date your employment ends to find a new E-3 employer, change to a different visa status, or depart the U.S. If a new employer files an I-129 petition within that window, you're covered while it's pending, but you can't start working until it's approved. The clock starts immediately when employment ends.
Can I take unpaid leave on an E-3?
Generally, no. Your E-3 status is tied to active employment. Taking unpaid leave, a sabbatical, a career break, can technically put you out of valid status. There are limited exceptions, such as pregnancy-related leave, but as a rule, you need to remain employed for your visa to remain valid.
What happens if my job duties change while I'm on an E-3?
If the change is significant, a different role, a new worksite, a major shift in responsibilities, a new LCA or an amendment may be required. The E-3 is tied to a specific position, location, and wage. If you're getting promoted or your role is evolving, flag it with your employer early.
Can I work remotely on an E-3 visa?
E-3 holders must work for their sponsoring employer in the United States. Working remotely from outside the U.S. for extended periods could jeopardize your visa status. Short international business trips are generally acceptable, but extended remote work from abroad is a grey area that could raise questions at renewal or re-entry.
Can I start a side business on an E-3?
E-3 status authorizes employment only with your sponsoring employer. Starting a business, freelancing, or taking other employment requires separate work authorization. Some E-3 holders maintain passive investments, but active business involvement could violate your status.
Do I need a lawyer for an E-3 visa?
Not always. Straightforward cases, clean degree match, clear specialty occupation, no prior immigration issues, can often be handled without one. If there's ambiguity in your case, an attorney is worth the cost. See the "Do I need an E-3 visa attorney?" section above.
Can you travel outside the U.S. on an E-3 visa?
Yes. You can leave and re-enter the U.S. freely as long as your E-3 visa stamp is still valid and your passport is current. You'll need your valid visa stamp, passport, and a copy of your current LCA to re-enter.
How does my spouse apply for the E-3D visa?
Your spouse applies separately at a U.S. consulate. They'll need a marriage certificate (de facto relationships aren't recognized), your E-3 visa or I-94 copy, and their own DS-160 application. The $315 MRV fee applies to each dependent.
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About the Author

Founder & CEO @ Migrate Mate
I moved from Australia to the United States in 2023, have had 3 jobs, and 3 different visas. I started Migrate Mate to help people like me find their dream job in the USA & help them get visa sponsorship.





