E-3 Visa for Australian Citizens

Penn State can sponsor an Australian Citizen in E-3 visa classification to temporarily perform services in a “specialty occupation” under the Australia-United States Free Trade Agreement (AUSFTA). 

  • E-3 status may be initially granted for a maximum period of up to two years. Extensions of stay may be granted indefinitely in increments of up to two years. There is no limit on the total length of stay for an E-3 although immigrant intent is not permitted.
  • A specialty occupation requires the theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor’s or higher degree, or its equivalent, as a minimum hiring requirement.  
  • E-3 status is employer and position specific. All possible job changes (title, salary, duties, hours, location) must be discussed first with International Faculty Advising to determine if an amended petition must be filed to permit the change.
  • The salary offered must be the higher of either the US Department of Labor’s prevailing wage determination or the actual wage paid to similarly employed individuals within Penn State.
  • The US Department of Labor requires that a posting be displayed in two conspicuous places for 15 business days; and that a Labor Condition Application (LCA) be certified in advance of the visa application.

Processing steps if out of the US:

  • The hiring department sends an e-mail to International Faculty Advising at FacultyAdvising@psu.edu three months in advance of the intended start date to request that an E-3 case be initiated for consular processing.
  • International Faculty Advising Sends a packet of documentation to the Australian Citizen to take to the US Embassy in Canberra, or the US Consulate in Melbourne, Perth, or Sydney.
  • The Australian Citizen completes an application for the visa stamp on-line and makes an appointment with the Embassy or one of the Consulates by clicking on this link:  https://ceac.state.gov/genniv/

Processing steps if inside of the US:

  • The hiring department sends an e-mail to International Faculty Advising at FacultyAdvising@psu.edu three months in advance of the intended start date to request that an E-3 case be initiated for extension of stay or change of status.  
  • International Faculty Advising completes a petition and mails to the United States Department of Homeland Security, which includes filing fees that the hiring department must pay (a $460 base fee and an optional $1,225 for premium processing).
  • The Australian Citizen remains in the US and extends stay or changes immigration status to E-3.

Dependents in E-3 Status:

The spouse and children 21 years and younger:

  • derive E-3 status regardless of their nationality
  • may study without restrictions
  • may apply to US Department of Homeland Security for work authorization