The petitioning employer will be required to file a Labor Condition Application (ETA 9035) with the Department of Labor’s National Office. Employers must make the same attestations that they make for H-1B applications, including those regarding paying the prevailing and actual wages, not breaking up strikes, maintaining public access files, etc. Nothing needs to be filed with USCIS unless filing for a change of status or extension of stay.
Individuals who are not in the U.S. who wish to be admitted initially as an E-3 must apply directly with the Department of State. Such persons must submit a job offer letter, relevant credentials, and an E-3 labor condition application.
For purposes of the E-3 category, a specialty occupation is defined in the same manner as in the H-1B context: A specialty occupation is one, which requires:
- • The theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation; and
- • Completion of a specific course of higher education culminating in a baccalaureate degree (Bachelors Degree) or higher degree (or its equivalent) in a specific occupation specialty (e.g., engineering, mathematics, physical sciences, computer sciences, medicine and health care, education, biotechnology, and business specialties, etc.).
An example of this would be an individual obtaining an accounting degree from Harvard, performing an internship at a local auditing firm, and then being hired as an auditor for a Fortune 500 company.
An E-3 may be admitted initially for a period of up to two years and extensions of stay may be granted indefinitely in increments of up to two years.
There is an annual cap of 10,500 E-3 visas. The spouse and children of the E-3 principal are allowed to accompany the principal and will not count against the cap. Extensions of stay will not count against the cap either.
We represent clients nationwide. For experienced employment visa advice, contact us today (toll free) at 1-888-678-5724 for a free consultation with an immigration attorney. We look forward to protecting your rights and serving your immigration needs
