E-3 Visa

The E-3 is a specialty occupation work visa created exclusively for nationals of Australia (and, if enacted, Ireland). It was established by the U.S.-Australia Free Trade Agreement Implementation Act of 2005 and is codified at INA 101(a)(15)(E)(iii). The E-3 functions similarly to the H-1B but with key differences: a separate annual cap, no lottery, and a simpler application process that usually does not require an I-129 petition.

Who Can Apply

E-3 status is available to Australian citizens with a job offer in a specialty occupation from a U.S. employer. The position must require at least a bachelor's degree (or equivalent) in a specific field directly related to the job. The employer must obtain a certified Labor Condition Application (LCA) from the Department of Labor before the worker can apply. There is no requirement that the employer file a petition with USCIS. In most cases, the worker applies directly at a U.S. consulate. Irish nationals may also become participants if the E-3 visa legislation for Ireland, which passed the U.S. House in 2018 and has been reintroduced in subsequent sessions, is signed into law.

Annual Cap

Congress set aside 10,500 E-3 visas per fiscal year. This cap has never been reached. In FY2023, only 4,773 E-3 visas were issued, and in FY2024, only 4,994 were issued according to the State Department's annual visa statistics. Unused E-3 numbers roll into the general H-1B pool at the end of each fiscal year. Because the cap is never exhausted, E-3 applicants do not face the lottery that H-1B applicants face.

Filing Costs

The primary cost for an E-3 visa is the DS-160 application fee of $315, paid at the U.S. consulate. There is no USCIS petition fee because no I-129 is required for initial E-3 consular processing. If an E-3 worker extends or changes employers inside the United States through USCIS (Form I-129), the filing fee is $780 plus a $150 fraud prevention fee. Premium processing ($2,805) is available for I-129 filings.

Key Differences From H-1B

The E-3 does not require the employer to file Form I-129 with USCIS for initial processing. There is no H-1B-style lottery. The E-3 is renewable indefinitely in two-year increments, while H-1B has a six-year maximum (with extensions possible under certain conditions). E-3 spouses (E-3S status) receive work authorization automatically without needing a separate Employment Authorization Document, unlike H-4 dependents. The trade-off is that E-3 is a non-dual-intent visa, which means the consular officer can deny the application if they believe the applicant intends to immigrate permanently.

E-3 Employer Data

Search certified E-3 Labor Condition Applications filed with the Department of Labor. This data comes from the DOL's LCA disclosure files published quarterly on the Foreign Labor Certification Data Center.