International Student and Scholar Services

E-3 Status (Australians only)

Similar to the H-1B, this classification allows up to 10,500 Australians to enter the U.S. each year to work in specialty occupations which are essentially occupations that require at least a bachelors degree in a specific field. As with the H-1B, the employer must comply with prevailing wage requirements and offer a competitive wage rate.

Prevailing Wage

Similar to sponsorship requirements for the H-1B, employers must file a labor condition application with the Department of Labor attenting that it is paying the required wage. As part of this process, the employer must conduct internal and external wage comparisons to establish that the wage rate offered the foreign national employee is comparable not only to the wage offered other similarly employed individuals, but also comparable to the wages offered by area employers to similar workers. This process is designed to ensure that the sponsoring employer is not taking undue advantage of foreign workers.

Obtaining E-3 Status

If in the U.S. the following must be filed with the Vermont Service Center:

• Form I-129 and appropriate filing fee
• DOL certified Labor condition Application for E-3
• Proof opf Australian nationality
• Letter from CUA describing the position and the requirements for hte positino (education, experience, etc.), the terms of employment (salary and length of employment), evaluation of the employee's qualifications for hte position. This letter is similar to the letters written in support of H-1B petitions.
• Evidence of the individuals qualifications for the position (diplomas, transcripts, etc. showing he/she has the education/qualifications needed for the position)
• copy of any required licenses (for those positions that require it.)

If outside the U.S. the following must be filed with the U.S. consulate:

• Visa application forms and appropriate filing fees
• DOL certified Labor condition Application for E-3
• Proof opf Australian nationality
• Letter from CUA describing the position and the requirements for hte positino (education, experience, etc.), the terms of employment (salary and length of employment), evaluation of the employee's qualifications for hte position. This letter is similar to the letters written in support of H-1B petitions.
• Evidence of the individuals qualifications for the position (diplomas, transcripts, etc. showing he/she has the education/qualifications needed for the position)
• copy of any required licenses (for those positions that require it.)