U.S. Citizenship and Immigration Services (USCIS) issued guidance last week regarding E-3 nonimmigrant Specialty Occupation Workers.  USCIS provided specific information on the eligibility requirements and documentation needed for individuals wishing to either change their nonimmigrant status to that of an E-3 worker or to extend their E-3 status.

To qualify for E-3 classification, an alien must, among other things, be an Australian national who is seeking employment in a specialty occupation requiring possession of a bachelor’s degree or higher (or its equivalent), and possess the appropriate degree (or its equivalent) in the field in which the alien wishes to work.  E-3 nonimmigrant status is initially granted for a period of no more than two years.  Extensions of stay may be granted indefinitely in increments not to exceed two years.

Congress has established a yearly cap of 10,500 new E-3 workers.  For purposes of the cap, “new E-3 workers” are 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.  Unlike the dependent of an alien in H-1B nonimmigrant classification, the dependent spouse of an E-3 temporary worker may apply for and receive work authorization.

An alien seeking to be admitted in E-3 nonimmigrant classification at a U.S. Port-of-Entry must posses a valid E-3 visa issued by the U.S. Department of State.  Aliens already in the United States may request a change of status to E-3 or extend their E-3 status by filing a Form I- 129 (Petition for a Nonimmigrant Worker) directly with the Vermont Service Center .  The cost for filing the request for change of status or extension of stay is $190.  In addition to the Form I-129, applicants must include the following documentation:

• Proof of Australian nationality,
• A letter from the prospective U.S. employer describing the alien’s occupation, the alien’s anticipated length of stay, and salary/remuneration arrangements,
• Evidence that the alien meets the educational requirements for the position to be filled (a bachelor’s degree or higher or its equivalent in the specific specialty occupation),
• Evidence that the alien meets any licensing or other occupational requirements, and
• Evidence that the prospective U.S. employer has filed with the Department of Labor a labor condition application (LCA) specifically designated for E-3 Specialty Occupations. 

More information about the E-3 temporary work visa and temporary worker programs in general is available on the USCIS website at www.uscis.gov and on the Department of State website at www.state.gov.