Exchange Visitor (J) Visas
Overview - About the Exchange Visitor Program
Overview – About the Exchange Visitor Visa
Qualifying for an Exchange Visitor Visa
What is SEVIS and SEVP? What should you know about it?
Where and When Do I Need to Apply for My Visa?
Applying for an Exchange Visitor Visa - Required Documentation
What are the Required Visa Fees?
Additional Documentation
My Visa Has Been Issued- When Can I Travel to the U.S.?
Spouses and Children
Family Members Following to Join the Exchange Visitor
Two Year Foreign Residency Requirement
Can I Enter on a Visitor Visa and Change Status to Exchange Visitor?
Exchange Visitors Cannot Travel Without a Visa on the Visa Waiver Program
When Can a Visitor Visa Be Used Instead of an Exchange Visitor Visa?
What is a “Q” International Cultural Exchange Visitor?
Additional Information
Misrepresentation of a Material Facts, or Fraud
Visa Ineligibility/ Waiver
Visa Denials
Entering the U.S. - Port of Entry
Staying Beyond Your Authorized Stay in the U.S. and Being Out of Status
How Long am I Permitted to Stay in the U.S. After my Program has Ended?
How Do I Extend My Stay?
Further Visa Inquiries
Overview - About the Exchange Visitor Program
The Exchange Visitor Program is carried out under the provisions of the Mutual Educational and Cultural Exchange Act of 1961,
as amended. The purpose of the Act is to increase mutual understanding between the people of the United States and the people
of other countries by means of educational and cultural exchanges. International educational and cultural exchanges are one
of the most effective means of developing lasting and meaningful relationships. They provide an extremely valuable opportunity
to experience the United States and our way of life. Foreign nationals come to the United States to participate in a wide
variety of educational and cultural exchange programs.
The Exchange Visitor Program is administered by the Office of Exchange Coordination and Designation in the Bureau of Educational
and Cultural Affairs. Visit the Exchange Visitor Program to learn more about program eligibility requirements, regulations and much more. At the conclusion of their program, Exchange
Visitor program participants are expected to return to the home countries to utilize the experience and skills they have acquired
while in the United States. Learn more about exchange related programs and opportunities.
In carrying out the responsibilities of the Exchange Visitor Program, the Department designates public and private entities
to act as exchange sponsors. Designated sponsoring organizations facilitate the entry of foreign nationals into the United
States as exchange visitors to complete the objectives of one of the exchange visitor program categories, which are:
- Au pair
- Camp Counselor
- Student, college/university
- Student, secondary
- Government Visitor
- International Visitor (reserved for U.S. Department of State use)
- Alien physician
- Professor
- Research Scholar
- Short-term Scholar
- Specialist
- Summer work/travel
- Teacher
- Trainee
Each category of exchange has specific requirements and regulations.
- To learn about the foreign physician, au pair, camp counselor, summer work/travel, and trainee categories select Bureau of Educational and Cultural Affairs, Exchange Visitor Program, Private Sector Programs. See summer work/travel 12 month pilot program for Australians and New Zealanders. See intern work and travel 12 month pilot program for Irish citizens.
- To learn about the post secondary student, college/university student, professor, research scholar, short-term scholar, specialist, teacher and Government Visitor
and International Visitor categories, select Bureau of Educational and Cultural Affairs, Exchange Visitor, Government Programs
Overview – About the Exchange Visitor Visa
A citizen of a foreign country, who wishes to enter the United States, generally must first obtain a visa, either a nonimmigrant
visa for temporary stay, or an immigrant visa for permanent residence. The type of visa you must have is defined by immigration
law, and relates to the purpose of your travel.
The Immigration and Nationality Act (INA) provides the exchange visitor (J) nonimmigrant visa category for persons who are
approved to participate in exchange visitor programs in the United States. This means that before you can apply at an American Embassy or Consulate for a J visa you must apply, meet the requirements,
and be accepted for one of the Exchange Visitor Program categories through a designated sponsoring organization. If you are
accepted as a participant in an exchange program, the sponsor will provide you with information and documents necessary to
apply for the J visa to enter the United States.
Changes introduced shortly after September 11, 2001 involve extensive and ongoing review of visa issuing practices as they
relate to our national security. Visa applications are now subject to a greater degree of scrutiny than in the past. Applicants
affected by these procedures are informed of the need for additional screening at the time they submit their applications.
So it is important to apply for your visa well in advance of your travel departure date.
A visa allows a foreign citizen to travel to the United States port-of entry, and request permission from the Department of
Homeland Security, Customs and Border Protection, U.S. immigration inspector to enter the United States. A visa does not guarantee
entry into the United States.
Qualifying for an Exchange Visitor Visa
The Immigration and Nationality Act (INA) is very specific with regard to the requirements, which must be met by applicants
to qualify for the exchange visitor (J) visa. The consular officer will determine whether you qualify for the visa. Applicants
must demonstrate that they properly meet the requirements to be issued an exchange visitor visa, including the following:
- That they plan to remain in the U.S. for a temporary, specific, limited period;
- Evidence of funds to cover expenses in the United States;
- Evidence of compelling social and economic ties abroad; and other binding ties which will insure their return abroad at the
end of the visit.
What is SEVIS and SEVP? What should you know about it?
The Student and Exchange Visitor Program (SEVP) is designed to help the Department of Homeland Security and Department of
State better monitor school and exchange programs and F, M and J category visitors. Exchange visitor and student information
is maintained in the Student and Exchange Visitor Information System (SEVIS). SEVIS is an Internet-based system that maintains
accurate and current information on non-immigrant students (F and M visa), exchange visitors (J visa), and their dependents
(F-2, M-2, and J-2). SEVIS enables schools and program sponsors to transmit mandatory information and event notifications
via the Internet, to the Department of Homeland Security and Department of State (DOS) throughout a student or exchange visitor's
stay in the United States. Select SEVIS to go to the Department of Homeland Security, U.S. Immigration and Customs Enforcement Internet site and learn more.
All exchange visitor applicants must have a SEVIS generated DS 2019 issued by a Department of State designated sponsor, which
they submit when they are applying for their exchange visitor visa. The consular officer will need to verify your DS 2019
record electronically through the SEVIS system in order to process your exchange visitor visa application to conclusion. Unless
otherwise exempt, participants whose SEVIS DS-2019 was issued on or after September 1, 2004 must pay a SEVIS I-901 Fee to
the Department of Homeland Security for each individual program. The fee may be paid either through a special web site, via
Western Union, or by mail. See SEVIS-901 Fee or SEVIS for further information on how to pay the fee.
Refer to the SEVP Fact Sheet for the current SEVIS fees, effective 10/27/2008.
Where and When Do I Need to Apply for My Visa?
Applicants may apply for their visa as soon as they are prepared to do so. Exchange visitor visa applicants are encouraged
to apply for their visa early to provide ample time for visa processing. Applicants for visas should generally apply at the American Embassy or Consulate with jurisdiction over their place of permanent
residence. Although visa applicants may apply at any U.S. consular office abroad, it may be more difficult to qualify for
the visa outside the country of permanent residence.
Applying for an Exchange Visitor Visa - Required Documentation
As part of the visa application process, an interview at the embassy consular section is required for visa applicants from
age 14 through 79. Persons age 13 and younger, and age 80 and older, generally do not require an interview, unless requested
by embassy or consulate. The waiting time for an interview appointment for applicants can vary, so early visa application
is strongly encouraged. Visa wait times for interview appointments and visa processing time information for each U.S. Embassy
or Consulate worldwide is available on our website at Visa Wait Times, and on most embassy websites. If you are authorized by your sponsor to be accompanied by your spouse (husband or wife) and
children, they will also be given a Form DS-2019 and they can apply at the same time. During the visa application process,
usually at the interview, an ink-free, digital fingerprint scan will be quickly taken. Some visa applications require further
administrative processing, which takes additional time after the visa applicant's interview by a Consular Officer. You may apply for your visa at an Embassy or Consulate any time before the beginning of your exchange program.
Each visa applicant must submit these forms and documentation, and submit fees as explained below:
- DS 2019, Certificate of Eligibility for Exchange Visitor Status. You will need to submit a SEVIS generated Form, DS-2019, which was provided to you by your program sponsor. All exchange
visitors, including their spouses and dependents must be registered in the Student and Exchange Visitor Information System
(SEVIS), an Internet-based system that maintains accurate and current information on non-immigrant students and exchange visitors
and their dependents (J-2 visa holders). Your program sponsor is responsible for entering your information for the DS 2019
Certificate of Eligibility for Exchange Visitor Status into SEVIS. Exchange visitors not part of a U.S. Government-sponsored
program will also have to pay a SEVIS I-901 fee for each program. Questions regarding your exchange program should be directed
to your program sponsor.
- A Training/Internship Placement Plan, Form DS-7002. All exchange visitor (J visa) trainee or intern visa applicants with DS-2019 forms dated on or after July 19, 2007 (based
on Box 7 on form) must also present Training/Internship Placement Plan, Form DS-7002 when applying for your visa. If your Form DS-2019 is issued prior to July 19, 2007 a Form DS-7002 is not required. For more
information about the new rules for trainee and intern programs, see the Bureau of Educational and Cultural Affairs, Exchange
Visitor Program, Private Sector Programs.
- An application, Nonimmigrant Visa Application, Form DS-156, completed and signed. The DS-156 must be the March 2006 date, electronic "e-form application." Select Nonimmigrant Visa Application Form DS-156 to access the electronic version of the DS-156.
- A Supplemental Nonimmigrant Visa Application, Form DS-157 provides additional information about your travel plans. Submission of this completed form is required for all male applicants
between 16-45 years of age. It is also required for all applicants from state sponsors of terrorism age 16 and over, irrespective
of gender, without exception. Four countries are now designated as state sponsors of terrorism, including Cuba, Syria, Sudan,
and Iran. Select Special Processing Procedures to learn more. You should know that a consular officer may require any nonimmigrant visa applicant to complete this form.
Here is Form, DS-157.
- A Contact Information and Work History, Form DS-158, completed.
- A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States (unless
country-specific agreements provide exemptions). If more than one person is included in the passport, each person desiring a visa must complete an application;
- One (1) 2x2 photograph. See the required photo format explained in Nonimmigrant Photograph Requirements.
What are the Required Visa Fees?
- Nonimmigrant visa application processing fee - For current fees for Department of State government services select Fees.
- Visa issuance fee – Additionally, if the visa is issued, there may be an additional visa issuance reciprocity fee, if applicable. Please consult
the Visa Reciprocity Tables to find out if you must pay a visa issuance reciprocity fee and the fee amount. If there is a fee for issuance for the visa,
it is equal as nearly as possible to the fee charged to United States citizens by the applicant's country of nationality.
Additional Documentation
- It is important that you refer to the Embassy Consular Section website to determine visa processing time frames and instructions,
learn about interview scheduling, and find out if there are any additional documentation items required. Learn more by contacting
the Embassy Consular Section.
- Applicants must demonstrate to the consular officer that they have binding ties to a residence in a foreign country which
they have no intention of abandoning, and that they are coming to the United States for a temporary period. It is impossible
to specify the exact form the evidence should take since applicants' circumstances vary greatly.
My Visa Has Been Issued- When Can I Travel to the U.S.?
- Be advised of the Department of Homeland Security regulation which requires that all J exchange visitors, and J-2 spouse and
dependents enter the U.S. 30 days or less in advance of the applicant's program start date as shown on the Form DS-2019. Please
consider this date carefully when making travel plans to the U.S. Immigration officers may deny you entry into the United
States at your expense if you attempt to enter more that 30 days before your program start date. The 30-day limitation does
not apply to current exchange participants who are returning to continue with their exchange program.
- If you want an earlier entry in the U.S. (more than 30 days prior to the course start date), you must qualify for, and obtain
a visitor visa, as explained below; however, this is strongly discouraged.
Spouses and Children
Spouses and/or children under the age of 21 who wish to accompany or join the principal exchange visitor (J) visa holder in
the United States for the duration of his/her stay require exchange visitor visas (derivative J visas). The application procedure
is the same as that for a primary visa applicant. The sponsor must approve the accompaniment of the spouse and/or children
and who will each be issued their own Form DS-2019. This form is used to obtain the required visa and the spouse and dependents
can enter the U.S. at the same time as the principal exchange visitor or at a later date.
Work - The spouse and/or children of an exchange visitor in the U.S. may not work in J-2 status. If employment is desired, the dependent
must make an application to DHS, US Citizenship and Immigration Services (USCIS) and be approved for permission to work. They
must file Form I-765 Application for Employment Authorization with the USCIS office that serves the area where they live for
a work permit (employment authorization document). To learn more, select How Do I Get a Work Permit (Employment Authorization Document)? to go to the USCIS Website.
Study- The spouse and/or children of an exchange visitor visa holder who are in the U.S. on an exchange visitor visa may study in
the U.S. without also being required to apply for a student (F-1) visa or change to F-1 status.
Spouses and/or children who do not intend to reside in the United States with the principal visa holder, but visit for vacations only, may be eligible to apply for visitor (B-2) visas, or if qualified, travel without a visa under the Visa Waiver Program.
Family Members Following to Join the Exchange Visitor
The spouse and children can also apply for visas after the principal applicant has already traveled. In general, they must
present the following:
- Form DS 2019, SEVIS generated, and approved by the sponsor
- Proof that the principal applicant (the person who received the DS-2019 or IAP-66) is maintaining his/her J visa status
- Copy of the J-1's (principal applicant's) visa
- Proof of relationship to the principal applicant
- Proof of sufficient money to cover all expenses in the United States
Spouses and children of exchange visitors may not enter the United States before the principal visitor enters for the first
time.
Two-Year Foreign Residency Requirement
An exchange visitor is subject to INA 212(e) requirement, if the following conditions exist:
- The program in which the exchange visitor was participating was financed in whole or in part directly or indirectly by the
United States government or the government of the exchange visitor's nationality or last residence;
- The exchange visitor is a national or resident of a country designated as requiring the services of persons engaged in the
field of specialized knowledge or skills in which the exchange visitor was engaged for the duration of their program (Exchange
Visitor Skills List 9 FAM 41.62, Exhibit II);
- The exchange visitor entered the United States to receive graduate medical education or training.
If the exchange visitor is subject to INA 212(e) requirement, he or she cannot change his or status to that of H, L, K, or
immigrant lawful permanent resident (LPR) until he or she has returned to his/her home country for at least two-years or received
a waiver of that requirement. Such waivers can be obtained under five separate bases: No Objection Statement, Exceptional Hardship or Persecution, Conrad
Program, or Interested Government Agency. For information, see Waiver of the J Visa Two-Year Foreign Residence Requirement 212(e).
Can I Enter on a Visitor Visa (B visa) and Change Status to an Exchange Visitor Program (J visa)?
If you want an earlier entry in the U.S. (more than 30 days prior to the course start date), you must qualify for, and obtain
a visitor visa; however, this is strongly discouraged. If you travel to the U.S. on a visitor visa, before beginning an exchange
program, you must obtain a change of visa classification from the B status to that of J. You must file Form I-539 , Application for Change of Nonimmigrant Status, with application fee, and also submit the required Form DS-2019 to the Department
of Homeland Security office where the application is made. Please be aware that you cannot start your exchange visitor program
until the change of status is approved, and therefore in view of the processing time to your change status in the U.S., you
may be in danger of missing your entire exchange program waiting approval of change of status.
Exchange Visitors Cannot Travel Without a Visa on the Visa Waiver Program
Citizens from a country participating in the Visa Waiver Program (VWP), who want to enter the United States temporarily, as
exchange visitors traveling to the United States, must first obtain a an exchange visitor visa to come to the U.S. They cannot
travel without a visa on the Visa Waiver Program. Those travelers coming on the Visa Waiver Program to participate in an exchange
program may be denied admission to the United States by the Department of Homeland Security, U.S. immigration inspector at
the port of entry. For more information on VWP, see Visa Waiver Program
When Can a Visitor Visa Be Used Instead of an Exchange Visitor Visa?
Some activities that are done on exchange visitor visas are also permitted on business (B-1) or tourist (B-2) visas in certain
circumstances. Short periods of study, or study which is recreational, and not vocational, and incidental to the trip is permitted
on a visitor visa. The determining factor is the traveler's primary purpose in coming to the United States. Furthermore, any kind of study that
would earn credit or certification is not permitted on a visitor visa. As an example, if you are taking a vacation to the
U.S., and during this vacation you would like to take a two-day cooking class for your enjoyment, and there is no credit earned,
then this would be permitted on a visitor visa. A consular officer will determine the visa category you will need based on
the purpose of your travel, and your supporting documentation.
What is a “Q” International Cultural Exchange Visitor?
The Immigration and Nationality Act (INA) provides two nonimmigrant visa categories for persons to participate in exchange
visitor programs in the United States. The "J" exchange visitor visa is for educational and cultural exchange programs designated
by the Department of State, Bureau of Educational and Cultural Affairs, and is discussed here. The "Q-1" visa is for certain
international cultural exchange programs designed to provide practical training and employment, and sharing of the history,
culture, and traditions of participants home country in the United States. The training/employment must be approved in advance
by the office of the Department of Homeland Security, US Citizenship and Immigration Services (USCIS) on the basis of a petition,
Form I-129, filed by the U.S. sponsor. To learn more, go to the USCIS Website by selecting “Q” International Cultural Exchange. To learn more about applying for the Q visa, select temporary worker visa. The Irish Peace Process Cultural and Training Program or Walsh Program (Q2, Q3 visa) is a groundbreaking cultural exchange
and employment-training program, administered by the Department of State. To learn more, select Walsh Program.
Additional Information
- No assurances regarding the issuance of visas can be given in advance. Therefore final travel plans or the purchase of nonrefundable
tickets should not be made until a visa has been issued.
- Unless previously canceled, a visa is valid until its expiration date. Therefore, if the traveler has a valid U.S. visitor
visa in an expired passport, do not remove the visa page from the expired passport. You may use it along with a new valid
passport for travel and admission to the United States.
Misrepresentation of a Material Fact, or Fraud
Attempting to obtain a visa by the willful misrepresentation of a material fact, or fraud, may result in the permanent refusal
of a visa or denial of entry into the United States. Classes of Aliens Ineligible to Receive Visas provides important information about ineligibilities.
Visa Ineligibility/ Waiver
The Nonimmigrant Visa Application, Form DS-156, lists classes of persons who are ineligible under U.S. law to receive visas.
In some instances an applicant who is ineligible, but who is otherwise properly classifiable as a visitor, may apply for a
waiver of ineligibility and be issued a visa if the waiver is approved. Classes of Aliens Ineligible to Receive Visas provides important information about ineligibilities, by reviewing sections of the law taken from the immigration and Nationality
Act.
Visa Denials
If the consular officer should find it necessary to deny the issuance of a visitor visa, the applicant may apply again if
there is new evidence to overcome the basis for the refusal. For additional information, select Denials to learn more. In the absence of new evidence, consular officers are not obliged to re-examine such cases.
Entering the U.S. - Port of Entry
A visa allows a foreign citizen coming from abroad, to travel to the United States port-of entry and request permission to
enter the U.S. Applicants should be aware that a visa does not guarantee entry into the United States. The Department of
Homeland Security, U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the United
States. Exchange visitors must have their Form DS-2019 in their possession each time they enter the United States. If you
are allowed to enter the U.S., the CBP official will determine the length of your visit on the Arrival-Departure Record (Form
I-94). Since Form I-94 documents your authorized stay in the U.S., it is very important to keep inside your passport. In advance
of travel, prospective travelers should review important information about Admissions/Entry requirements, as well as information related to restrictions about bringing food, agricultural products or other restricted/prohibited goods explained on the Department of Homeland Security, Customs and Border Protection website. Upon arrival (at an international
airport, seaport or land border crossing), you will be enrolled in the US-VISIT entry-exit program. In addition, some travelers will also need to register their entry into and their departure from the
U.S. with the Special Registration program.
Staying Beyond Your Authorized Stay in the U.S. and Being Out of Status
- You should carefully consider the dates of your authorized stay and make sure you are following the procedures under U.S.
immigration laws. It is important that you depart the U.S. on or before the last day you are authorized to be in the U.S.
on any given trip, based on the specified end date on your Arrival-Departure Record, Form I-94. Failure to departure the U.S.
will cause you to be out-of-status. Additional information on successfully maintaining your immigration status while a student or exchange visitor can be found on the Immigration and Customs Enforcement (ICE) website.
- Staying beyond the period of time authorized, by the Department of Homeland Security (DHS), and out-of-status in the U.S.,
is a violation of U.S. immigration laws, and may cause you to be ineligible for a visa in the future for return travel to
the U.S. Select Classes of Aliens Ineligible to Receive Visas to learn more
- Staying unlawfully in the United States, beyond the date Customs and Border Protection (CBP) officials have authorized, even
by one day results in your visa being automatically voided, in accordance with to INA 222(g). Under this provision of immigration
law, if you overstay on your nonimmigrant authorized stay in the U.S. your visa will be automatically voided. In this situation, you
are required to reapply for a new nonimmigrant visa, generally in your country of nationality.
- For nonimmigrants in the U.S. who have an Arrival-Departure Record, Form I-94 with the CBP admitting officer endorsement of
Duration of Status or D/S, but who are no longer performing the same function in the U.S. that they were originally admitted
to do (e.g. you are no longer working for the same employer or you are no longer attending the same school), a DHS or an immigration
judge makes a finding of status violation, resulting in the termination of the period of authorized stay.
How Long am I Permitted to Stay in the U.S. After my Program has Ended?
The initial admission of an exchange visitor, spouse and children may not exceed the period specified on Form DS-2019, plus
a period of 30 days for the purpose of travel. The 30-day grace or travel status period is intended to be a period following
the end of the exchange visitor’s program and is to be used for domestic travel and/or to prepare for and depart from the
U.S., and for no other purpose.
How Do I Extend My Stay?
Those exchange visitors who wish to stay beyond the time indicated on their DS-2019 should review the Bureau of Educational
and Cultural Affairs information: Adjustments to the J-1 Status.
Further Visa Inquiries
- Questions on visa application procedures and visa ineligibilities should be made to the American consular office abroad by
the applicant. Before submitting your inquiry, we request that you carefully review this web site and also the Embassy Consular
web site abroad. Very often you will find the information you need.
- If your inquiry concerns a visa case in progress overseas, you should first contact the U.S. Embassy or Consulate handling
your case for status information. Select U.S. Embassy or Consulate and you can choose the Embassy or Consulate Internet site you need to contact.
- If you have additional inquiries about F or M student visas/J-1 exchange visitor visas, please email our Student/Exchange
Visitor Visa Center at: fmjvisas@state.gov.
E-3 Visas
The E-3 is a new visa for Australian nationals to work in specialty occupations in the U.S. It has many advantages over the other types of working visas, including the ability for spouses of E-3 recipients to apply for work authorization.
Frequently Asked Questions
What is an E-3 Visa?
The E-3 is a new visa category only for Australians going to the U.S. to work temporarily in a specialty occupation.
Who qualifies for the E-3 visa?
The new E-3 visa classification currently applies only to nationals of Australia as well as their spouses and children. E-3 principal applicants must be going to the United States solely to work in a specialty occupation. The spouse and children need not be Australian citizens. However the U.S. does not recognize De Facto relationships or same-sex Civil Partnerships for the purposes of immigration, and to qualify as a spouse you will need a marriage certificate from the Department of Births, Deaths and Marriages.
I am a permanent resident of Australia but don’t have citizenship. Can I apply for an E-3 visa?
No. E-3 visas are only available for Australian nationals. If you are a new Australian citizen or are in the process of becoming one, please note that you will need to possess an Australian passport by the time of your visa interview.
New Is there an upper age limit for applicants?
No, there is no upper age limit.
Do I have to find a job in the U.S. first before applying for an E-3 visa?
Yes. You need to have a job offer from the U.S. before you can apply for the E-3 visa.
Can I go to the U.S. to find a job and then apply for the E-3 visa from there?
No. You cannot apply for an E-3 visa from within the U.S.
Can I travel to the U.S. on the Visa Waiver Program to find a job or attend interviews and then apply for the E-3 visa once I return to Australia?
Yes, you can travel on the Visa Waiver Program (VWP) if you meet the requirements (please see our page on the Visa Waiver Program). If you do not meet the VWP requirements, you may be eligible to travel on the B-1/B-2 Combined Visa for Business or Pleasure.
You must leave the U.S. before applying for your E-3 visa.
New Can I apply for an E-3 visa from outside Australia?
Yes. You can apply at any U.S. Embassy or Consulate which processes non-immigrant petition-based visas, but you cannot apply from within the U.S.
A list of U.S. Embassies and Consulates worldwide can be found on usembassy.state.gov.
A guide to interview wait times and visa processing times worldwide can be found on travel.state.gov.
However, please contact the U.S. Consulate or Embassy where you plan to apply to check that they accept applications from non-residents, and for details of how to book an interview and current processing times, as these will vary from post to post.
Can I apply at any U.S. Consulate in Australia?
Yes. You may apply in Sydney, Melbourne, or Perth
What is a specialty occupation?
The definition of “specialty occupation” is one that requires:
- A theoretical and practical application of a body of specialized knowledge; and
- The attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.
In determining whether an occupation qualifies as a “specialty occupation,” follow the definition contained in the Immigration and Nationality Act (INA) 214 (i)(1) for H-1B non-immigrants and applicable standards and criteria determined by the Department of Homeland Security (DHS) and United States Citizenship and Immigration Service (USCIS). Please see www.uscis.gov.
Although there is no definitive list of occupations eligible for the E3 visa, a useful general guide for applicants to check if their occupation might be considered a graduate specialty profession and thus might be eligible for an E3 visa, is the Occupational Information Network website O*NET Online.
New I have a degree and have found a job in a related profession in the U.S. Do I qualify for the E-3 visa?
Only if the job you plan to work in actually requires a minimum of a bachelor’s degree in a specialty occupation. It is not enough that an E-3 applicant holds a particular degree; the job itself must also require a bachelor-level or higher qualification. For example, someone with a degree in Business Studies planning to work as a Personal Assistant would not be eligible for the E-3 unless the job actually required a bachelor-level qualification.
New I am a skilled tradesperson with qualifications and experience in plumbing/electrical work/carpentry for example. Do these kind of trades qualify as specialty occupations for the E-3 visa?
Not generally, because a requirement of the E-3 visa is that the job in the U.S. requires a minimum of a bachelor’s degree in a specialty occupation. As very few trade positions require a degree, they are not appropriate for E-3 visa employment.
Do I need a license for a specialty occupation?
An E-3 alien must meet academic and occupational requirements, including licensure where appropriate, for admission into the United States in a specialty occupation. If the job requires licensure or other official permission to perform the specialty occupation, the applicant must submit proof of the requisite license or permission before the E-3 visa may be granted. In certain cases where such a license or other official permission is not immediately required to perform the duties described in the visa application, the alien must show that he or she will obtain such licensure within a reasonable period of time following admission to the United States.
Do I need a petition by my employer to the Department of Homeland Security (DHS)?
No, the United States-based employer of an E-3 principal is not required to submit a petition to the Department of Homeland Security as a prerequisite for visa issuance. However, the employer must obtain a Labor Condition Application (LCA), ETA Form 9035 or ETA Form 9035E, from the Department of Labor.
How long is the visa valid?
The validity of the visa should not exceed the validity period of the LCA. The Department of State and DHS have agreed to a 24-month maximum validity period for E-3 visas. This validity may be renewed.
What is the fee for an E-3 visa?
Other than the normal non-refundable worldwide visa application fee, there is no special fee for an E-3 visa. For further information, please see our fee information page.
Is there a limit to the number of E-3 visas?
Yes, there will be a maximum of 10,500 E-3 visas issued annually during each fiscal year, which runs from October 1st to September 30. We will advise on the website when the quota has been reached, it has not yet been reached for the U.S. fiscal year ending 30 September 2007. Spouses and children of applicants do not count against the quota, neither do applicants extending their E3 visas whilst still in the U.S. and working for the same employer.
Do applicants need to demonstrate a “residence abroad?”
E-3 status provides for entry on a non-permanent basis into the United States. Similar to E-1 and E-2 visa applicants, the E-3 must satisfy the consular officer that s/he intends to depart upon termination of status.
How do I demonstrate that I qualify for an E-3D (dependent) visa?
You must demonstrate to the consular officer that the established relationship exists. Usually this can be accomplished with a marriage certificate for spouses or a birth certificate for dependent children. Please note that the U.S. does not recognize De Facto relationships or same-sex Civil Partnerships, and to qualify as a spouse you will need a marriage certificate from the Department of Births, Deaths and Marriages. You must also show that the principal applicant is the recipient of an E-3 visa.
New What is the process to apply for an E-3D (dependent) visa?
The dependent must make a separate visa application, which involves most of the same steps as the principal applicant’s application, namely completing the required forms, paying the application fee, and scheduling a visa interview with a U.S. consular officer. Further details can be found on our page on how to apply.
The dependent does not need to provide the principal applicant’s Labor Condition Application (LCA) or evidence of employment, but needs to show that the principal applicant is the recipient of an E-3 visa by providing a copy of the visa or, if the applicant has obtained E-3 status in the U.S., the I-797 Approval Notice. The dependent can apply and arrange a visa interview at the same time as the principal applicant, or can apply and be interviewed later, once the principal applicant’s E-3 visa is issued. The principal applicant does not need to be present at the dependent’s interview. Each dependent must make a separate visa application, but children under 14 who are Australian citizens or permanent residents of Australia are not usually required to attend an interview.
May spouses work?
E-3 spouses are entitled to work in the United States and may apply for an Employment Authorization Document (Form I-765) through U.S. Citizenship and Immigration Service (USCIS). The spouse of a qualified E non-immigrant may, upon admission to the United States, apply with the Department of Homeland Security for an employment authorization document, which an employer could use to verify the spouse’s employment eligibility. Such spousal employment may be in a position other than a specialty occupation. Please note however that the U.S. does not recognize De Facto relationships or same-sex Civil Partnerships for the purposes of immigration, and to qualify as a spouse you will need a marriage certificate from the Department of Births, Deaths and Marriages.
How long is the E-3 visa valid?
The validity of the visa should not exceed the validity period of the LCA. The Department and DHS have agreed to a 24-month maximum validity period for E-3 visas.
If I get an E-3 visa, how long before I start my job can I enter the U.S.?
You can enter the U.S. 10 days before you start your job.
How long can I stay in the U.S. after I finish my job?
You can stay 10 days after you finish your job.
New Can I travel outside the U.S. while on my E-3 visa?
An E-3 visa is a multiple-entry visa, so provided you have not changed employers or made any other changes to your immigration status, you may travel outside the U.S. and reenter on a valid, unexpired E-3 visa.
If you change your employer while you are outside the U.S., you will need to obtain a new E-3 visa at a U.S. Embassy or Consulate overseas. You can apply for a new E-3 visa at most U.S. Embassies or Consulates worldwide.
A guide to wait times for interviews and visa processing times at all posts worldwide.
Please contact the U.S. Consulate or Embassy where you plan to apply to confirm that they accept applications from non-residents, and for details of how to book an interview and current processing times, as these will vary from post to post. You will need to have a visa interview, complete a new DS-156 application form, pay a new application fee and present the same supporting documents as you did for your original application (including your job offer, LCA, and educational certificates).
If you are visiting Australia and plan to apply for your new E-3 visa there, please see details of how to apply.
New How long can I stay out of the U.S. if I have an E-3 visa?
There is no limit to how long you can stay outside the U.S. or how many times you can travel outside the U.S. during the validity of your E-3 visa.
Can I renew the E-3 visa? Is there a limit to the amount of times I can renew?
E-3 applicants are admitted for a two-year period renewable indefinitely, provided the alien is able to demonstrate that he/she does not intend to remain or work permanently in the U.S.
Can I change employers once I am in the U.S. and stay on the E-3 visa?
Yes, your new employer must lodge a new Labor Condition Application (LCA), and the gap between jobs must be 10 days or less.
New I am already in the U.S. on an E-3 visa and want to change employers. Do I need to come back to Australia for another interview?
You do not need to have another interview or make a new visa application to change employers while you are in the U.S. on an E-3 visa. However, you must complete a transfer process through the U.S. Citizenship & Immigration Service (USCIS) in the U.S.
Please direct any inquiries about the transfer process to USCIS, as once you are in the U.S. you are responsible for maintaining the correct immigration status with USCIS. Please see USCIS’s website at www.uscis.gov or contact their National Customer Service Center (NCSC) at 1-800-375-5283.
New I am already in the U.S. on a different category of visa and want to change to an E-3 visa. What should I do?
Please direct any inquiries to the U.S. Citizenship & Immigration Service (USCIS), as once you are in the U.S. you are responsible for maintaining the correct immigration status with USCIS. Please see their website at www.uscis.gov or contact USCIS’s National Customer Service Center (NCSC) at 1-800-375-5283.
New How do I apply for an E-3 visa?
You may make your appointment for an interview as soon as you have all the documents prepared. You do not need to send your documents in advance, just take them to the interview. There is no specific application form, applicants for all non-immigrant visas must complete the same standard application form known as the DS-156.
If applying in Australia please see our website for further details, and for links to the online visa appointment website Visapoint, and to the DS-156 application form, see our page on how to apply.
If applying outside Australia, please find a list of U.S. Consulates and Embassies overseas.
A guide to wait times for interviews and visa processing times at all posts worldwide.
New How long does it take to apply?
The wait times for interview at each Consulate vary, you can check the latest timeframe for interviews in Australia on the Visapoint website whilst making an appointment.
In Australia, if an E-3 visa is approved at interview, it is normally issued within 2-3 business days. Visas and passports are returned by mail, so please also allow time for this. Applicants should bring a self-addressed registered or express post envelope to the interview. Please see our website for further details on how to apply in Australia.
If applying outside Australia, please see the FAQ above for a link to interview wait times and processing times worldwide.
What requirements and documentary evidence are needed for the application?
Submit a job offer letter from the prospective United States-based employer. A treaty alien (i.e. the Australian applicant) in a specialty occupation must meet the general academic and occupational requirements for the position pursuant to Immigration and Nationality Act (INA) 214(i)(1) (please see www.uscis.gov).
In addition to the Electronic Visa Application Form (EVAF) DS-156, completed online (http://evisaforms.state.gov/) and printed out, and, for male applicants aged between 16-45, Supplemental Application Form DS-157, the following documentary evidence must be submitted for an application for an E-3 visa:
Form ETA 9035, clearly annotated as “E-3 - Australia - to be processed,” or an ETA 9035E dated after January 4th, 2006, specified for E-3 Australia. Now either form is acceptable. This is the notification of an approved Labor Condition Application (LCA) that the U.S. employer obtains from the Department of Labor. You cannot book an interview appointment until you have received this form.
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Evidence of academic or other qualifying credentials as required under Immigration and Nationality Act (INA) 214(i)(1) (see weblink above), and a job offer letter or other documentation from the employer establishing that upon entry into the United States the applicant will be engaged in qualifying work in a specialty occupation and that the alien will be paid the actual or prevailing wage referred to in INA 212(t)(1) (www.uscis.gov)
If your degree and higher-level qualifications are from an Australian institution, you do not usually need to provide certified copies or evidence of their U.S. equivalent, but please bring to your visa interview the original certificates, and if possible, transcripts for the course of study. If your qualification(s) are not from an Australian institution, a certified copy of the foreign degree and evidence that it is equivalent to the required U.S. degree could be used to satisfy the “qualifying credentials” requirement, but you may prefer to wait until your visa interview to confirm whether this is necessary. You should take your original certificates and transcripts to your visa interview, and if it is also necessary to produce certified copies of certificates and evidence of U.S. equivalence, you can send these to the Consulate after the interview, although your visa will not be approved until this is received. Likewise, a certified copy of a U.S. baccalaureate or higher degree, as required by the specialty occupation, would meet the minimum evidentiary standard.
In the absence of an academic or other qualifying credential(s), evidence of education and experience that is equivalent to the required U.S. degree.
Evidence establishing that the applicant’s stay in the United States will be temporary.
A certified copy of any required license or other official permission to practice the occupation in the state of intended employment if so required or, where licensure is not necessary to commence immediately the intended specialty occupation employment upon admission, evidence that the alien will be obtaining the required license within a reasonable time after admission.
Evidence of payment of the Machine Readable Visa (MRV) Fee, also known as the application fee. This is payable at Australia Post, and applicants should bring the post office receipt to the interview as evidence of payment.
New I do not hold a bachelor’s degree or higher. Can I apply for the E-3 visa based on my work experience?
U.S. Code of Federal Regulations, 8 CFR 214.2(h)(4)(iii)(D), describes the kind and amount of experience which can be used to establish the equivalency of a university degree. As a guide, three years of professional experience may generally be used as a substitute for each year of university-level education. During their visa interviews, applicants for U.S. work visas should be prepared to provide documentation outlining their work history, education, and training. A consular officer will determine whether the educational and employment information provided meets the eligibility requirements for a U.S. visa.
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