AUSTRALIAN FREE TRADE AGREEMENT (E-3)

General
The E-3 classification applies to nationals of Australia who are coming to the United States solely to perform services in a specialty occupation. The E-3 classification also applies to the principals' spouses and children.

Qualifying Employees
The term "specialty occupation" is defined in the Immigration and Nationality Act (INA) section 214(i)(1). Generally, a specialty occupation is one that cannot be performed without a bachelor's degree or higher (or its equivalent) in a specific field of study or a narrow range of fields of study. The requirements for E-3s with respect to the education of the beneficiary and the job duties to be performed mirror the H-1B requirements, and are found in Title 8 Code of Federal Regulations (CFR) section 214.2(h). General documentary requirements for H-1Bs, and therefore E-3s, can be found in 8 CFR section 214.2(h)(4)(iv).

Filing Procedure
No petition is required to be filed for an E-3. The application is made directly at the consulate, similar to other nonimmigrant classifications, such as the B-1/B-2 or F-1 classification. However, a Labor Condition Application that reflects the job offer at the appropriate prevailing wage rate is required as part of the E-3 application.

Annual Quota
Congress has specified a maximum number of 10,500 new E-3 visas per fiscal year.

Term of Admission
The term of admission for E-3s is the same as E-1 s and E-2s, in that the initial period of admission is two years. E-3s will receive two year extensions indefinitely so long as they otherwise continue to qualify for the E-3 classification.

Dependents in E-3 Status
Spouses of E-3 principals are not required to be Australian nationals, and, pursuant to INA section 21 4(e)(6), are eligible to apply for work authorization in the United States. Such spousal employment may be in a position other than a specialty occupation. This is an advantage over the H-1 B: a dependent H-4 spouse cannot obtain permission to work while in H-4 status.