Documentation of the beneficiary’s receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor

E-3 Visas for Australian Professionals

The E-3 visa classification applies only to nationals of Australia, their spouses and children under the age of 21. The definition of “specialty occupation” is one that requires: A theoretical and practical application of a body of specialized knowledge; and

1. 1. 1. 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.
      2. 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 nonimmigrants and applicable standards and criteria determined by the Department of Homeland Security (DHS) and United States Citizenship and Immigration ServicesH1-B Specialty Occupation

H-1B Specialty Occupation 

The H-1B visa is for an individual in occupations that require the theoretical and practical application of a body of highly specialized knowledge and a bachelor’s degree or higher in the specific specialty, or its equivalent. An H-1B visa requires a job offer from a U.S. company to work in a specialty occupation and is employer sponsored. The H-1B can be full-time or part-time, and one may have multiple H-1Bs simultaneously (a common scenario is a physician in training in one program who also moonlights for an outside hospital).

Term: Although one is limited to 6 years of H-1B time, a timely filed labor certification or immigrant petition (I-140) will allow for at least an additional year of H-1B time. If one has an approved I-140 and is unable to adjust status due to the retrogression in priority dates, the H-1B can be extended in three (3) year intervals beyond the initial 6-year term.

The H-1B Cap: The H-1B is capped at 65,000, with an additional 20,000 reserved for those who have earned a US Master’s degree or higher. Registration for the H-1B cap lottery opens in March each year for at least 14 calendar days. H-1B lottery winners are notified by USCIS by the end of March. If selected, the employer can then file an H-1B for the potential hire, with a start date of October 1st. Being counted towards the H-1B cap provides flexibility for future positions, as future employer’s will not have to go through the lottery.

Cap exempt H-1B: An H-1B applicant is exempt from the cap based on the employer, employment site and nature of work, or the employee’s previous status as a J-1 waiver physician. Additionally, those already counted towards the cap and are extending their H-1B status based on an approved or pending I-140. Cap-exempt employers include:

1. Universities (institutions of higher education)
2. Non-profit organizations which are related or affiliated with institutions of higher education
3. Government research organizations
4. Non-profit research organizations