The Department of State published the Federal Regulations regarding the new, nonimmigrant E–3 category for specialty occupation workers from Australia. This regulation became effective on September 2, 2005.

The E-3 visa is available only to nationals of Australia. Spouses and children of the E-3 visa holder may enter in dependent status regardless of nationality, and spouses may obtain employment authorization. There are 10,500 visas available annually; spouses and children of the E-3 visa holder do not count against this quota.

In order to qualify for the E-3 visa, applicants must be coming to the U.S. solely to perform services in a specialty occupation. "Specialty Occupation" is defined using the same terms as the H-1B visa regulations.

Although U.S. Citizenship and Immigration Services ("USCIS") has not yet issued guidance on application procedures within the U.S., the regulations state that employees seeking the E-3 visa will submit the visa application along with qualifying evidence, including an approved Labor Condition Application ("LCA"), directly to the U.S. Consulate overseas in order to apply.

The U.S. Consulate in Toronto, Canada has issued a notice that it will process E-3 visa applications once required systems upgrades are complete. Applicants who wish to apply for an E-3 visa must schedule an appointment by phone (1-900-443-3131) or online ( www.nvars.com ).

Please contact us if you have questions or would like assistance with the E-3 visa.