The E-3 classification applies only to nationals of Australia. You must be coming to the United States solely to perform services in a specialty occupation. The specialty occupation requires theoretical and practical application of a body of knowledge in professional fields and at least the attainment of a bachelor’s degree, or its equivalent, as a minimum for entry into the occupation in the United States.

To qualify for an E-3 visa, you must demonstrate that you:

• Are a national of Australia
• Have a legitimate offer of employment in the United States
• Possess the necessary academic or other qualifying credentials
• Will fill a position that qualifies as a specialty occupation

The Form I-129, Petition for Nonimmigrant Worker is used to apply for a change of status to obtain E-3 nonimmigrant temporary worker classification.

If your petition Form I-129 is approved, US Citizenship and Immigration Services will forward a Form I-797, Notice of Action/Approval to the employer, who in turn will forward it to you. A Form I-797 approval notice is not a U.S. visa, as the visa must be obtained at a U.S. embassy or consulate abroad. After Form I-129 is approved by USCIS, the next step is to apply for a U.S. visa at a U.S. embassy or consulate, generally in your country of residence abroad.