For you to get an E3 work visa, you’re first going to have to meet standard requirements that apply to all Australians entering the US. But additional e3 visa requirements have to be fulfilled for your Labor Condition Application (LCA) to be completed and filed. What follows is a quick breakdown of qualifications in terms of candidates, jobs, salaries and employers entering the e3 visa program.
e3 Visa Requirements: Qualifying Candidates
First and foremost, you’re going to need to satisfy certain mandatory e3 visa requirements in terms of education and work experience. The e3 visa is a professional work visa intended for professional individuals.
As such, this means that you have to have the equivalent of a U.S. Bachelor’s degree, a great deal of experience in your field (more than 10 years), or some combination thereof (for instance, an associate’s degree and 6 years of education). Basically, your education or work experience have to be enough to make you employable for a “specialty occupation” under the USCIS’s guidelines of “academic or other qualifications demonstrating qualifications for the position.” And not only do you need to be qualified, but the position needs to qualify as well.
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e3 Visa Requirements: Qualifying Jobs
For all intents and purposes, jobs that qualify as e3 work visa professions are pretty much the same as those qualifying for the H1B visa. Because of this, jobs that qualify under the e3 visa requirements list are a lot broader than those outlined for the TN1 visa for Mexican and Canadian nationals.
e3 visa requirements, in fact, stipulate that a position only needs it has to satisfy the criteria of a “specialty occupation,” which is outlined in the U.S. Immigration and Nationality Act. Essentially, then, for a profession to meet e3 visa requirements, it has to demand the “application of specialized knowledge” — the kind of knowledge that you get from a Bachelor’s degree or extensive work experience.
In practice, this means that you not only have to have a degree (or experience), but also that the job itself also has to require that experience. You cannot, for example, qualify for an e3 visa if the job in question is with an unskilled position, even if you’re highly educated and experienced. But even if you’re educated and experience, and the job in question does indeed demand that education or experience — the salary offered by that job still has to qualify as well.
e3 Visa Requirements: Salary Qualifications
Another criteria that an e3 job must meet is the salary that it offers. According to e3 visa requirements, a qualifying position must has to offer a salary that meets very distinct minimum standards.
Simply put, the job’s salary must equal either (1) the prevailing wage, which is the salary paid in the field and in the area, or (2) the actual wage, which is paid to workers at that company doing that job. Note that the salary also has to be the higher of the two numbers.
e3 Visa Requirements: Employer Qualifications
And finally, the employer in question must also meet numerous U.S. corporation and immigrant-employment regulations. Not only must the company pay the requisite E3 visa filing costs and offer a satisfactory salary, but they also need to demonstrate a few major things in order to even offer the job to international workers.
First of all, e3 employers need to show that that hiring a foreign national isn’t going to negatively influence the labor conditions of similarly employed workers; particularly in terms of wages, hours worked, etc. The employer also needs to immediately report any labor disagreements that may occur as a result of the LCA’s filing. They also have to publicly show the LCA to their current employees for a required 10 business days, and the LCA has to be posted in two different locations. A public access file also needs to be maintained. Note that body shops — agencies that hire employees out to work for secondary employers — are no longer allowed to hire international workers. But assuming that an employer meets all these criteria, they will likely be able to qualify.
Of course, even once it has been determined that everything qualifies (Candidate, Job, Salary and Employer) and you’ve received a formal offer, you’ll still need to undergo e3 Visa Processing at your local U.S. embassy or consulate.