Australians E-3 Visa

The E-3 visa is a United States visa for which only citizens of Australia are eligible. It was created by an Act of Congress in the aftermath of the friendly but tough negotiations on the U.S.-Australia 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 President Bush on May 11, 2005.

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 E3 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 E-3 quota and spouses and children do not need to be Australian citizens.

E-3 visa holders do not officially benefit from the doctrine of dual intent, which allows certain US temporary visa holders to apply for the green card without concern that it may jeopardize their temporary status in the U.S.