E-3 Nonimmigrant Visa for Australians

On May 11, 2005, Congress enacted a law creating a new nonimmigrant visa category for Australian professionals seeking to work in the U.S. (The Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005, Public Law 109-13).

Section 501 of this Act provides for 10,500 new visas per fiscal year for Australian nationals seeking temporary work in "specialty occupations" as defined under the H1B provisions of the Immigration and Nationality Act (INA). The annual numerical limitation applies only to principal applicants, not to their spouses or children. In addition, the law requires that sponsoring employers file a Labor Condition Application with the Department of Labor.

On September 2, 2005, the Department of State implemented the E-3 program, and E-3 visas should now be available to Australian professionals.

Visitors please note that information on this Web site is subject to constant changes in U.S. law, regulations and policy. It is general and not case-specific in nature.  Gathering information from this Web site should not be construed as receiving legal advice, and does not establish an attorney-client relationship with Kirberger PC. Issues presented on this site are extremely complex, and require analysis by a qualified immigration attorney on a case-by-case basis.