Embassy of the United States Athens, Greece

Section 101(a)(15)(E) provides nonimmigrant status for a national of any of the countries with which an appropriate treaty of commerce and navigation exists, who is coming to the United States to carry on substantial trade, principally between the United States and his/her own country.  The E-3 visa classification ("treaty alien in a specialty occupation") was the result of Public Law 109-13, entitled "The Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005" (May 11, 2005).

The new law allows for the temporary entry of Australian professionals to perform services in a “specialty occupation” for a United States employer.  The temporary entry of non-immigrants in specialty occupations is provided for at Section 501 of Public Law 109-13.  The law establishes a new category of temporary entry for nonimmigrant professionals, the E-3 category.  Unlike the current E-1 and E-2 visas, the E-3 visa is not limited to employment that is directly related to international trade and investment.  Subject to the requirements discussed herein, E-3 visa holders are eligible to work for any employer in the United States.  Dependent spouses and children accompanying or following to join are also eligible for temporary entry.

To qualify for an E-3 visa, an Australian must:

1. Present an approved Labor Condition Application (LCA) issued by the Department of Labor (DOL);
2. Demonstrate that the prospective employment meets the standard of being “specialty occupation employment”;
3. Show that the necessary academic qualifications for the job have been met;
4. Convince the consular officer that the proposed stay in the United States will be temporary and
5. Provide evidence of a license or other official permission to practice in the specialty occupation if required as a condition for the employment.  In certain cases, where such license or other official permission is not required immediately, an alien must demonstrate that he or she will obtain such licensure or permission within a reasonable period of time following admission to the United States.

Applicants who wish to apply for E-3 visa must come in person to the U.S. Embassy.  To schedule an appointment, please click here

Documents required for E-3 visa are:

1. A valid passport that has been signed by the applicant and, where applicable,
   
   • Previous passport with previously issued visa or
   • Police report in case of theft or loss of a previous passport with valid visa.  The report may be issued by a local police station or consular office or other foreign authority.
   • If you have ever been arrested and /or have a criminal conviction, have a medical ineligibility, or have been denied entry into or deported from the United States, you will be required to furnish documents relating to your situation in support of your application.
2. The paid duplicate receipt from Piraeus Bank (see step 3).
   
3. The printed confirmation page with barcode generated by the DS-160 online application form (see step 4).
   
4. One photograph that meets the required specifications (see step 5).  Even if you have successfully uploaded the photo to the DS-160 please bring one with you on the day of your appointment.

In addition to the nonimmigrant visa (NIV) application, the following documentary evidence must be submitted in connection with an application for an E-3 visa:

• A completed Form ETA-9035, Labor condition Application for Nonimmigrant Workers (formerly, Labor Condition Application for H-1b Non-immigrants), certified by the Department of Labor (DOL)
• Evidence of academic or other qualifying credentials, and a job offer letter or other documentation from the employer establishing that upon entry into the United States the applicant will be engaged in qualifying work in a specialty occupation and that the alien will be paid the actual or prevailing wage.  A certified copy of the foreign degree and evidence that it is equivalent to the required U.S. degree could be used to satisfy the “qualifying credentials” requirement.  Likewise, a certified copy of a U.S. baccalaureate or higher degree, as required by the specialty occupation, would meet the minimum evidentiary standard.
• In the absence of an academic or other qualifying credential(s), evidence of education and experience that is equivalent to the required U.S. degree.
• Evidence establishing that the applicant’s stay in the United States will be temporary. 
• A certified copy of any required license or other official permission to practice the occupation in the state of intended employment if so required or, where licensure is not necessary to commence immediately the intended specialty occupation employment upon admission, evidence that the alien will be obtaining the required license within a reasonable time after admission.

Reminder: We always recommend that individuals apply for visas well in advance of their proposed date of travel. No assurances regarding the issuance of visas can be given in advance. Therefore, final travel plans or the purchase of non refundable ticket should not be made until a visa has been issued and you are in receipt of the passport.