E-3 visa
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The E-3 visa is a United States visa for which only citizens of Australia are eligible[1]. It was created by an Act of the United States Congress as a result of the Australia-United States Free Trade Agreement (AUSFTA), although it is not formally a part of the AUSFTA. The legislation creating the E-3 visa was signed into law by U.S. President George W. Bush on May 11, 2005.
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[edit] Description
The E-3 visa is similar in many respects to the H-1B visa. Important differences include the fact that spouses of E-3 visa holders may work in the United States without restrictions (unlike other US non-immigrant visas, even the TN visa issued to Canadian and Mexican citizens), and that the E-3 visa is renewable indefinitely (in two-year increments). Australian citizens applying for an E-3 visa are also no longer subject to the 65,000 annual visa limit for H-1B visas; although there is a separate annual quota of 10,500 E-3 visas, this is believed to be much more generous to Australians than requiring them to compete with all other nations for H-1B visas. Visas issued to spouses and children are not included in the E3 quota and spouses and children do not need to be Australian citizens.
Although INA § 101(a)(15)(E) requires that all E nonimmigrants maintain an intention to depart the United States upon expiration of their authorized E stay, the guidelines[2] issued by the USCIS state that applications for E classification, including extensions or change of status, cannot be denied solely on the basis of an approved permanent labor certification or pending or approved immigrant visa petition. Therefore, immigrant intent should not be a bar to eligibility for E-3 classification.
The regulations for applying for an E-3 visa were published in the United States Federal Register on September 2, 2005. Following these procedures will allow an Australian citizen to apply for an E-3 visa at a U.S. embassy or consulate.
Similar to an H-1B visa, the prospective employer of the E-3 visa holder will first apply for a "Labor Condition Application" (LCA) with the U.S. Department of Labor, with a note at the top of the form indicating it is for an E-3 visa for an Australian citizen. After the LCA is granted, the Australian citizen will then apply for the actual visa at a U.S. consulate and then enter the U.S. Australians who are already in the United States on another type of temporary/non-immigrant visa may also apply to change their status to an E-3 visa. Change of visa status is not possible if the applicant has entered the country under the visa waiver program.
[edit] Statistics
In U.S. Fiscal Year 2006 (October 2005 through September 2006), which was the first full year during which E-3 regulations were in effect, the U.S. Department of Homeland Security recorded 2,123 admissions of Australian citizens as E-3 status foreign workers under the treaty.[1] 9,294 admissions were recorded in U.S. Fiscal Year 2007 (October 2006 through September 2007).[2]
Importantly, the number of admissions in a given fiscal year is different to the number of visas issued: an E-3 visa is a multiple-entry visa valid for 24 months[3], and every reentry of the visa holder into the USA during this time will generate a new admission record.
[edit] Reciprocality
The Australian subclass 457 long stay business visa provides similar working rights in Australia for U.S. citizens. However this visa is available to any nationality and hence no special work permit for U.S. citizens has been introduced in Australia.
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