E-3 visa

The E-3 visa is a United States visa for which only citizens of Australia are eligible [http://canberra.usembassy.gov/consular/visas/niv/e3.html] . It was created by an Act of the United States Congress as a result of the Australia-United States Free Trade Agreement (AUSFTA), although it is not formally a part of the AUSFTA. The legislation creating the E-3 visa was signed into law by U.S. President George W. Bush on May 11, 2005.

The E-3 visa is similar in many respects to the H-1B visa. Important differences include the fact that spouses of E-3 visa holders may work in the United States without restrictions (unlike other US non-immigrant visas, even the TN visa issued to Canadian and Mexican citizens), and that the E-3 visa is renewable indefinitely (in two-year increments). Australian citizens applying for an E-3 visa are also no longer subject to the 65,000 annual visa limit for H-1B visas; although there is a separate annual quota of 10,500 E-3 visas, this is believed to be much more generous to Australians than requiring them to compete with all other nations for H-1B visas. Visas issued to spouses and children are not included in the E3 quota and spouses and children do not need to be Australian citizens.

E-3 visas are non-immigrant visas. Accordingly, E-3 visa holders must prove their intent to return to Australia when the E-3 job is finished. This is significantly different from an H-1B visa, which is also a non-immigrant visa, but allows dual intent. Thus, although an H-1B visa holder may apply for permanent residency (a green card) while working on an H-1B visa, an E-3 visa holder may not. However, an E-3 visa holder may apply for permanent residency under an alternative category, for example if their spouse is an American citizen. Also, E-3 visas may be renewed indefinitely (in theory) whereas any one H-1B visa is valid only up to six years (unless the H-1B holder begins the green card process in which case the H-1B is extended during the time the green card application is pending).

The regulations for applying for an E-3 visa were published in the United States Federal Register on September 2 2005. Following these procedures will allow an Australian citizen to apply for an E-3 visa at a US embassy or consulate.

Similar to an H-1B visa, the prospective employer of the E-3 visa holder will first apply for a "Labor Condition Application" (LCA) with the U.S. Department of Labor, with a note at the top of the form indicating it is for an E-3 visa for an Australian citizen. After the LCA is granted, the Australian citizen will then apply for the actual visa at a US consulate and then enter the US. Australians who are already in the United States on another type of temporary/non-immigrant visa may also apply to change their status to an E-3 visa. Change of visa status is not possible if the applicant has entered the country under the visa waiver program.

Reciprocality

The Australian "subclass 457 long stay business visa" provides similar working rights in Australia for U.S. citizens. However this visa is available to any nationality and hence no special work permit for U.S. citizens has been introduced in Australia.

ee also

*Australian nationality law
*United States Permanent Resident Card

External links

* [http://canberra.usembassy.gov/consular/visa-e3.html US Consular Services Australia E-3 Visa Information]
* [http://www.cxcusa.com E-3 sponsorship and assistance]