8 Questions to Ask a U.S. Employer Before Accepting an E-3 Offer

Most employers who extend offers to Australian professionals have never filed an E-3 visa before. These eight questions help you confirm yours is ready so you can accept the offer with confidence.

Question 1: "Can you confirm this role meets the E-3 specialty occupation standard?"

The E-3 visa requires the position to meet the specialty occupation standard: the role must require a bachelor's degree in a specific field as a standard entry requirement. USCIS evaluates the job description, not your credentials. The employer needs to be able to confirm the role qualifies before the LCA is filed.

• Good answer: The employer can name the SOC code for the role and confirm the job description requires a degree in a specific discipline.
• Red flag: "Any relevant degree is fine" or the employer doesn't know what an SOC code is.

Ask the employer to share the SOC code they plan to use on the Labor Condition Application. If they can't name it, they haven't started. Learn more about E-3 specialty occupations and the full four-part test if you want to verify the role yourself first.

Question 2: "Have you filed the Labor Condition Application yet?"

The Labor Condition Application (LCA) is Form ETA-9035E, filed by your employer with the Department of Labor. It certifies your job title, salary, and worksite before you can apply for the visa. Filing is free. DOL certification takes approximately seven business days with no expedite option. If your employer hasn't filed it, your E-3 process hasn't started.

• Good answer: "Our LCA was certified last week" or "we filed last Monday." A prepared employer can give you a case number you can verify independently.
• Red flag: "We'll handle that later" or "What's an LCA?"

Ask for the LCA case number before accepting the offer. If the employer seems unfamiliar with the form, point them to the Department of Labor's LCA page.

Question 3: "Who covers the E-3 visa fees, you or me?"

The E-3 consular route is one of the cheapest work visas in the U.S. immigration system. If your employer is quoting thousands of dollars in sponsorship costs, they're describing the H-1B, not the E-3.

The LCA filing costs your employer nothing. The visa application fee is $315 and is typically paid by you for the consular route. The I-129 petition route through USCIS is relevant only if you're already in the U.S. on a valid visa, and that's where employer-side fees apply.

• Good answer: The employer confirms the LCA is free and understands the $315 consular fee is yours.
• Red flag: The employer quotes thousands in "sponsorship fees" or says they don't do visa sponsorship.

If your employer is using the I-129 route, confirm who covers the petition fee before anything is filed.

Question 4: "Are you familiar with the E-3 visa specifically?"

Most U.S. employers have never encountered the E-3 visa. When they see "visa sponsorship required" on an application, they think H-1B visa: lottery, USCIS petition, significant cost. None of that applies to the E-3 consular route.

The E-3 consular route requires no USCIS petition, no lottery, and costs the employer nothing beyond the time to complete the free LCA. The annual cap of 10,500 has never been reached. The E-3 is also unaffected by H-1B-specific restrictions, including recent policy changes that impose minimum salary requirements on new H-1B workers.

• Good answer: The employer acknowledges the E-3 consular route requires no petition filing and no employer cost.
• Red flag: "We don't do sponsorship" or the employer quotes H-1B costs for an E-3 role.

Question 5: "What start date are you expecting, given the E-3 visa timeline?"

An employer expecting you to start in two weeks hasn't thought through the E-3 timeline. Even the fastest consular route takes four to six weeks from LCA filing to visa in hand.

The consular route timeline typically runs:

1. LCA certification: approximately 7 business days via DOL's FLAG system
2. DS-160 application and consular appointment scheduling: 1 to 2 weeks
3. Consular interview and visa processing: 1 to 2 weeks
4. Travel from Australia to the U.S.

Since September 2025, every E-3 applicant must attend an in-person interview at a consulate in Australia. Interview waivers no longer exist.

If you're already in the U.S. on a valid visa and filing Form I-129 for a change of status, standard processing takes four to six months. USCIS premium processing is available for an additional fee and guarantees a response within 15 business days.

• Good answer: The employer is comfortable with a four-to-six-week minimum for consular processing.
• Red flag: "We need you to start in two weeks."

Set a realistic start date before signing. Learn about E-3 visa processing times and how long each step of the process takes.

Question 6: "Have you supported E-3 renewals for other employees before?"

The E-3 visa is valid for two years and can be renewed indefinitely, but every renewal requires fresh employer action. "We'll figure it out when the time comes" is a red flag.

What every renewal requires:

• A new LCA filed by your employer with the Department of Labor
• An in-person consular interview at a consulate in Australia (required since September 2025)
• Two to three weeks away from work for travel, appointment scheduling, and processing

H-1B extensions happen within the U.S. and don't require the worker to leave. E-3 visa renewals don't work that way. Your employer needs to understand this before you accept the offer. Negotiate renewal travel time into your employment agreement upfront.

• Good answer: The employer has renewed E-3 workers before or explicitly commits to supporting the renewal trip.
• Red flag: "We'll figure it out when the time comes."

Question 7: "Would you consider sponsoring a green card down the line?"

The E-3 has no dual intent protection. If you pursue a green card, you need a credible answer about your intention to leave the U.S. at every renewal interview. Whether your employer is willing to sponsor one shapes your long-term options.

Employer-sponsored green cards follow three steps:

1. PERM labor certification with the Department of Labor (6 to 18 months)
2. I-140 immigrant petition filed with USCIS
3. I-485 adjustment of status

The earlier you start this conversation, the more runway you have. Starting PERM while you still have 18 or more months on your current E-3 gives you buffer for processing delays.

If you're in research, STEM, or a senior executive role, it's worth exploring EB-1A extraordinary ability or EB-2 National Interest Waiver options. These don't require employer sponsorship and skip PERM entirely.

• Good answer: The employer has sponsored green cards before or is open to discussing it.
• Red flag: "We don't do green cards" with no willingness to discuss it further.

Learn how to go from the E-3 visa to green card and the pathways available.

Question 8: "What happens to my visa status if my employment ends?"

The E-3 has no portability. If you lose the job or leave, you can't start working for a new employer the next day.

USCIS allows a grace period of up to 60 days after your employment ends. During that time you can look for a new employer, but you can't work. Your new employer needs a certified LCA before you can start.

Two DOL protections apply to every E-3 holder regardless of what your employment contract says:

• Your employer cannot impose clawback clauses for visa costs
• Your employer must cover all work-related business expense

Evaluate the employer's financial stability and turnover rate before accepting. If your spouse is eligible for E-3D work authorization, that can serve as a financial safety net if your status becomes uncertain.

• Good answer: The employer is aware of the 60-day grace period and confirms no clawback clauses in the contract.
• Red flag: Clawback language in the employment contract or no awareness of DOL obligations.

Filing your E-3 visa application after verifying the employer

You've confirmed the employer is ready. The next step is the filing itself: coordinating the LCA, the DS-160, the consular appointment, and the supporting documents in the right order. Getting the sequence right matters, and most first-time E-3 applicants underestimate the coordination involved.

Migrate Mate handles the full E-3 visa filing process, all for $499.

Frequently asked questions