The E-3 is a nonimmigrant visa classification was established by the REAL ID Act of 2005 for temporary workers who are nationals of Australia and is entering the U.S. to perform services in a "specialty occupation." Individuals who are already legally in the U.S. may apply to change to or extend their stay in the E-3 classification.

USCIS notes in a January 6, 2006 press release that "the new E-3 nonimmigrant category should not be confused with the separate and independent H-1B nonimmigrant category for 'specialty occupation' workers."

The following are required qualifications for the E-3 classification:

• Be an Australian national,
• Seeking employment in a specialty occupation requiring possession of a bachelor's degree or higher (or its equivalent), and
• Possess the appropriate degree (or equivalent) in the field in which the individual wishes to work.

Initial E-3 nonimmigrant classification is granted for a period of no more than 2 years, and extensions of stay may be granted indefinitely in increments not to exceed two years.

Similar to the H-1B category, the E-3 classification has a yearly cap for new workers. The yearly cap established by Congress for new E-3 workers is 10,500. USCIS defines "new E-3 workers" for the purpose of the annual cap as those who: "coming from abroad, are admitted initially in E-3 classification or those who change their nonimmigrant status to E-3 classification or change employers while in E-3 status."

Another difference between the H-1B category and the E-3 classification is that the dependent spouse of an E-3 temporary worker may apply for and receive work authorization. Dependent spouses of H-1B workers are not entitled to work authorization.

What does an individual need to enter/remain in the U.S. in E-3 classification?

• Those entering at a U.S. Port of Entry must possess a valid E-3 visa issued by the State Department.
• Those who are already legally in the U.S. may request a change of status to or extension of status for E-3 classification by filing Form I-129 (Petition for a Nonimmigrant Worker) directly with the Vermont Service Center. The filing fee for Form I-129 requesting a change of status or extension of stay is $190. In addition to Form I-129, the following documentation is also required of E-3 applicants:
  1. Proof of Australian nationality,
  2. A letter from the prospective U.S. employer describing the alien's occupation, anticipated length of stay, and salary/remuneration arrangements,
  3. Evidence that the individual meets the educational requirements for the position to be filled (a bachelor's degree or higher or its equivalent in the specific specialty occupation),
  4. Evidence that the individual meets any licensing or other occupational requirements, and
  5. Evidence that the prospective U.S. employer has filed a labor condition application (LCA) specifically designated for 'E-3 Specialty Occupations' with the Department of Labor.