(Revised July 2008) (PDF)

This fact sheet provides general information concerning the temporary employment of foreign nationals from Australia in specialty occupations under the E-3 program. The E-3 visa classification is limited to 10,500 nationals of Australia. The period of employment is up to a maximum of two years. Renewals beyond the two year period for the E-3 visa will require the filing of a new Labor Condition Application (LCA).

All employers who employ an E-3 nonimmigrant must comply with the following:

  • Maintain an LCA (Form ETA 9035 and/or ETA 9035E) with true and accurate information for each permanent work site;
  • Pay the E-3 worker the “required wage rate” applicable to each permanent work site;
  • Offer the E-3 worker the same working conditions and fringe benefits as are offered to similarly employed U.S. workers;
  • Attest that the employer does not employ an E-3 worker where there is a strike/lockout in progress in the worker’s occupation;
  • Notify workers or their bargaining representative of the intent to employ an E-3 worker at any location where other workers are in the same occupational classification for which an E-3 worker is sought or placed;
  • Provide a copy of the applicable LCA to each E-3 worker;
  • Maintain and make available for public examination the LCA and other required documents;
  • Must not allow the E-3 worker to pay the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS) petition filing fee. The petition fee is $1,500 for each petition filed by an employer with more than 25 full-time equivalent employees, and $750 for each petition filed by an employer with fewer than 25 full-time equivalent employees employed in the United States;
  • Must not allow the E-3 worker to pay the $500 fraud prevention and detection fee;
  • Must not allow the E-3 worker to pay any early cessation penalty (see WH Fact Sheet #62H);
  • Must not retaliate or discriminate against any worker who (a) discloses information that (the worker believes) shows a violation of this program or (b) cooperates with any proceeding concerning the employer’s compliance with this program (see WH Fact Sheet #62R);
  • Must provide the E-3 worker with payment for all work-related expenses;
  • Must notify the USCIS of any changes in the E-3 nonimmigrant’s work status (e.g., wherever the Department of Labor requires a new LCA, or when the work is terminated for whatever reason) and
  • Portability provisions are inapplicable to E-3 nonimmigrants (see WH Fact Sheet #62W).

All requirements listed above can be found in 20 CFR § 655 Subparts H & I and the Immigration and Nationality Act § 212(n).

Where to Obtain Additional Information

For additional information, visit our Wage and Hour Division Website: http://www.wagehour.dol.gov and/or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866-4USWAGE (1-866-487-9243).

This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations.

The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.