The U.S. State Department has sent its long awaited regulations implementing the new E-3 visa category to the Office of Management and Budget for review.  We anticipate the regulation being implemented in September but there is no guarantee that it will happen by then.  Once the E-3 visa program is implemented, Australian citizens will be able to file E-3 applications directly at U.S. Consulates in Australia, or anywhere else around the world.

The E-3 visa is similar to the H-1B1 Free Trade Agreement visas established last year for citizens of Chile and Singapore.  The E-3 category makes available 10,500 new employment visas for Australian nationals working in a professional occupation, and who possess at least a U.S. Bachelor's degree or its foreign equivalent.  However, unlike the H-1B1 visa, the 10,500 E-3 visas will not be deducted from the annual H-1B visa cap of 65,000.  Employers wishing to utilize the E-3 visa will be required to obtain an approved Labor Condition Application (LCA) from the U.S. Department of Labor, but will not be required to obtain an approved petition from U.S. Citizenship and Immigration Services (USCIS).  Instead, after obtaining an approved LCA, the E-3 candidate can apply for the E-3 visa directly at a U.S. consulate abroad, though individuals currently in the United States in some other lawful nonimmigrant status will be able to change status to E-3 while remaining in the United States.  Similar to the existing E visas for Treaty Traders and Treaty Investors, the E-3 visa for Australian professionals will be renewable indefinitely, and accompanying spouses will be eligible for U.S. work authorization.  Unlike the other E visa categories however, only the citizenship of the employee, not the employer, need be Australian.

We will continue to update you on further developments as they become available.

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