E-3 status is similar to H-1B but reserved for citizens of Australia. And just like H-1B, there is a limit to the number of E-3 visas available to Australian nationals, but most of these numbers go unused each year.
General requirements for E-3 are:
- Are a national of Australia;
- Have a legitimate offer of employment in the United States;
- Possess the necessary academic or other qualifying credentials; and
- Will fill a position that qualifies as a specialty occupation.
A person may apply for E-3 visa overseas via the consulate and upon entry into the U.S. obtain E-3 status. When the time comes for extension, the E-3 petitioner may file I-129 to extend the E-3 for the beneficiary while remaining in the U.S. Because processing time for E-3 takes so long, there is often a gap between the end of the last E-3 and the start of the new E-3. The Beneficiary may stay lawfully to wait for the decision but he/she cannot work until the E-3 petition is approved. This why many E-3 Beneficiaries choose to extend by consular processing as a much faster way of getting the renewal without the employment gap.
Now, with Premium Processing available for E-3, filing the petition inside the U.S. may become a more favorable option especially when the Covid pandemic is ongoing. Of course, standard risks still apply such as RFE which mayy prolong the adjudication even with premium processing. Premium fee has also increased. It is now $2,500.