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US Practice update: Going to America via the E-3

Aug 7, 2015

Australians have at their disposal a unique E-3 visa category which provides the visa holder with a 2 year renewable working visa. The E-3 visa was signed into law in 2005 by President George Walker Bush as part of the U.S. – Australia Free Trade Agreement and it has now been in place for 10 years. The E-3 visa holder’s spouse is also entitled to work in the U.S., which makes the visa even more attractive.

The E-3 visa is the easiest method for Australians to work within the U.S. as it has a relatively quick processing time and a generous quota which has never been met.

Importantly, no other country has access to E-3 visas, so you are not competing in what is known as the ‘Green Card lottery’.

To be eligible for the E-3 visa, you must be an Australian citizen, have a bachelor’s degree (or equivalent work experience) and a job offer from a U.S. company in a “specialty occupation”. There is no definitive list of eligible occupations but they include a wide variety of professions and occupations.

Furthermore, the E-3 visa program is flexible enough to accommodate entrepreneurs who want to enter the U.S. market by either moving their Australian business to the U.S. or by starting up a new business in America.

KCL Law’s U.S. Team has experience in E-3 visa applications and providing assistance to multi-national companies with U.S. offices, Australian corporations and Australian citizens looking to enter the U.S. market. We can provide you with seamless full service guidance on your chosen pathway to America.

More information

For more information, or to inquire whether you qualify for the E-3 visa program, please contact David Weinberger, Principal Lawyer, (03) 8600 8863 or dweinberger@kcllaw.com.au.

Note: This update is a guide only and is not intended to constitute legal advice.