E3 Specialty Occupation Workers from Australia Overview
Australian nationals may be eligible to enter the United States with an E-3 visa. The E-3 visa is specifically intended to provide nationals of Australia with admission to the United States to provide services as holders of a “specialty occupation.” This particular type of visa is especially advantageous as compared to many other kinds of work visas, partly because spouses of E-3 visa holders can apply for work authorization.
Determining Whether or Not One Qualifies for an E-3 Visa
There are special things to take into consideration when determining whether a person is qualified to apply and be eligible for an E-3 visa. Here are some things of which to take special note:
- Only Australian nationals plus their spouses and children can have an E-3 visa classification.
- The E-3 visa is not available for persons who are Permanent Residents of Australia.
- A marriage certificate from the Department of Births, Deaths, and Marriages is needed to prove that someone is a spouse of an Australian national.
- Status in a de facto relationship or civil partnership does not provide eligibility for immigration to the United States with an E-3 visa.
Definition of “Special Occupation”
E-3 applicants only have a chance of being granted an E-3 visa if they are intending to go to the United States with the sole purpose of working in a special occupation. Persons with E-3 applicant status who are citizens of Australia are considered treaty aliens in specialty occupations that correspond with 214(i)(1) of the Immigration and Nationality Act’s occupational and academic requirements. The following points are useful in determining what qualifies as a special occupation:
- Special occupations require one to have specialized knowledge that he or she applies in both a theoretical and practical way.
- Special occupations require that one hold a degree at the level of bachelor’s or higher (or the equivalent).
There is no final list of which occupations are considered special occupations. However, it might be helpful to consider whether the occupation in question could be deemed that of a graduate specialty. Helpful websites on this subject include O*NET Online, the Occupational Information Network website.