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ProfilePush / What Is the E-3 Visa and Who Qualifies?

What Is the E-3 Visa and Who Qualifies?

Updated 2026-10-213 min readNot legal advice inWX
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The E-3 is a US work visa only for Australian citizens. You need a US job offer in a specialty occupation, a bachelor's degree in a related field or its equivalent, and an employer that files a labor condition application (LCA). It comes in two-year terms that you can renew with no fixed limit.

Find employers that hire Australians on E-3

Every job is from an employer that filed H1Bs in 2025. See which ones fit your resume.

Who qualifies

USCIS lists four basics. You are an Australian national. You have a legitimate US job offer. The job is a specialty occupation, meaning it normally requires at least a bachelor's degree in a specific field. And you hold that degree or its equivalent.

The degree should fit the job. A software engineer with a computer science degree is a clean case. A software engineer with an unrelated degree may still qualify through equivalent experience, but expect more questions and bring a credentials evaluation.

New graduates can qualify if the degree matches the role. If the job needs a license, such as some health roles, you need that too.

What the employer has to do

The employer files an LCA with the Department of Labor. It is the same form used for H-1B, marked for E-3. The Labor Department says it reviews LCAs within seven working days.

In the LCA, the employer agrees to pay you the higher of the actual wage or the prevailing wage for the role and area. See how prevailing wage levels work.

If you apply from outside the US, the employer does not file a USCIS petition. That is why the E-3 is cheaper and faster than an H-1B for most employers.

Top H-1B sponsors, 2025US Department of Labor data
EmployerH-1B filingsTransfersMedian pay
Amazon.Com Services LLC14,0472,382$155k
Cognizant Technology Solutions US CorpGC frozen10,209872$110k
Ernst & Young U.S. LLP9,808269$143k
Google LLC7,899844$186k
Microsoft CorporationGC frozen7,840879$173k
Tata Consultancy Services LimitedGC frozen7,287353$86k
Every sponsor, with their open jobsSee the list ›

Applying at a consulate or with USCIS

From outside the US, you take the certified LCA, your offer letter and your degree to a US consulate and apply for the visa.

Since October 1, 2025, most visa applicants need an in-person interview. Since September 6, 2025, the State Department has told applicants to apply in their country of nationality or residence. For most Australians, that means Sydney, Melbourne or Perth.

If you are already in the US in another status, the employer can file Form I-129 with USCIS to change you to E-3 or extend it. Premium processing is available. Read stamping and travel in 2026 before you plan a trip.

How long it lasts

USCIS grants E-3 status for up to two years at a time. Extensions also come in two-year steps, and there is no maximum number.

A promotion or move that changes the job in a material way usually needs a new LCA. Changing employers needs a new approval before you start. See changing employers on an E-3.

If your job ends, you may have up to 60 days to find a new sponsor, change status or leave. DHS proposed removing that grace period on September 11, 2026, but as of October 21, 2026 it is not final.

What it costs

At a consulate, you pay the visa application fee. The State Department set the E visa fee at $315 in 2023. Check the current amount before you pay.

If the employer files Form I-129 in the US, the October 16, 2026 USCIS fee schedule lists $1,015 on paper or $965 online, or $510 for small employers and nonprofits. An Asylum Program Fee of $600 also applies ($300 for small employers, $0 for nonprofits). Premium processing is $2,965.

The $100,000 payment from the September 2025 proclamation is written for new H-1B petitions. USCIS guidance on it covers H-1B only and does not name the E-3.

Your spouse and children

Your spouse and unmarried children under 21 can get dependent E-3 status.

USCIS says spouses in valid E-3 status are work authorized incident to status. Since January 30, 2022, a spouse's I-94 marked E-3S works as proof of that for Form I-9. Applying for a work permit card is optional. Children cannot work.

The 10,500 cap

The law allows 10,500 initial E-3 approvals for principal workers each fiscal year. Renewals and family members do not count against it. Law firms report the cap has not been reached.

To see who actually hires on E-3, check our E-3 sponsors list, ranked by 2025 Labor Department filings. Then read how to find an E-3 sponsor, E-3 vs H-1B and E-3 to green card.

This is general information as of October 21, 2026, not legal advice. Rules and fees change, so confirm your situation with an immigration attorney.

Questions

Is the E-3 easy to get?

Easier than an H-1B for most people. There is no lottery and the cap of 10,500 has not been reached, but you still need a job offer that fits your degree and an in-person consular interview.

Does my degree have to match my E-3 job?

Generally yes. The job must need a degree in a specific field, and yours should be in that field or equivalent. Relevant experience can sometimes stand in, usually backed by a credentials evaluation.

Can my E-3 spouse work in the US?

Yes. USCIS treats spouses in valid E-3 status as work authorized incident to status. An I-94 marked E-3S is accepted proof, and a separate work permit card is optional.

Does the E-3 count as needing sponsorship?

Yes. Your employer must file an LCA for you, so answer yes to most sponsorship questions. See [how to answer the sponsorship question](/h1b/ask-about-h1b-sponsorship).

Can I run a side business on an E-3?

Not as work. E-3 status lets you work only for the employer whose LCA and approval cover you. Passive investments are different; see [side businesses on a work visa](/h1b/h1b-side-business).

Does the $100,000 H-1B payment apply to the E-3?

The proclamation and USCIS guidance cover new H-1B petitions and do not name the E-3. Confirm with an attorney if your case is unusual.

Sources

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