E-3 Visa for Employers: No Lottery, No Petition, No Fees

For employers hiring Australian professionals, E-3 visa sponsorship is the lightest-touch work visa process available. A single Department of Labor (DOL) filing, no U.S. Citizenship and Immigration Services (USCIS) involvement, and no cap to worry about.

The employer files a free Labor Condition Application (LCA), which the DOL certifies within seven business days. The employee handles the visa application at a U.S. consulate in Australia. Total employer cost for the consular route: zero in government fees.

Migrate Mate connects employers with Australian professionals who qualify for E-3 sponsorship.

What is the E-3 visa?

The E-3 is a nonimmigrant work visa exclusively for Australian citizens. It allows Australians to work in the U.S. in specialty occupations, which are roles that require at least a bachelor's degree in a specific field related to the position.

The program has an annual cap of 10,500 visas, but that cap has never been reached. In a typical year, fewer than half the available slots are used. For employers, this means there's no lottery, no waitlist, and no uncertainty about whether your candidate will receive selection.

Unlike the H-1B visa, which requires the employer to file a formal petition (Form I-129) with USCIS before the worker can apply for a visa, the E-3 consular route skips that step entirely. The employer files a free LCA, hands it to the employee, and the employee applies directly at a U.S. consulate in Australia.

How to sponsor an E-3 visa employee

Sponsoring an E-3 worker takes significantly less time and money than the H-1B employer process. The employer obligations are lighter, the timelines are shorter, and the costs are lower. Here is exactly what you need to do.

Step 1: Confirm the role qualifies

The position must meet the definition of a specialty occupation. That means the role must require, at minimum, a bachelor's degree in a specific field as a standard entry requirement in the industry.

The key word is "require," not "prefer." If your job posting says "bachelor's degree preferred," it may not qualify. Keep in mind that the job description should clearly state that a degree in a relevant field is the minimum requirement.

Common qualifying roles include:

• Software engineers
• Financial analysts
• Data scientists
• Management consultants
• Accountants
• Architects
• Healthcare professionals

The role doesn't need to be in STEM, but the degree requirement must be genuine and industry-standard.

One note on Australian qualifications: a standard Australian bachelor's degree is three years, compared to the four-year U.S. norm. In most cases this isn't an issue for consular processing.

If the employee is filing through USCIS (I-129 change of status), you may need a credential evaluation from a NACES-member agency to confirm equivalency. An E-3 is also possible without a degree through the three-for-one work experience rule.

Step 2: Determine the prevailing wage

Before filing the LCA, you need the prevailing wage for the position in the geographic area where the employee will work. The Department of Labor defines this as the wage paid to similarly employed workers in the same occupation and area.

You can request a formal prevailing wage determination from DOL's National Prevailing Wage Center (NPWC), which is free but takes four to six months. However, most employers use the Online Wage Library on the FLAG system instead, which gives an immediate result based on the occupation and location.

If the prevailing wage comes in higher than you planned to offer, you have two options: raise the salary to meet it, or reclassify the position to a more accurate occupational code. Don't file the LCA with a salary below the prevailing wage. DOL will certify it, but you'll be in violation from day one.

Step 3: File the labor condition application

You submit Form ETA 9035/9035E through DOL's FLAG system (flag.dol.gov). This is the only form you file for consular E-3 processing, and it's free.

On the LCA, you attest that:

• You'll pay the employee at least the prevailing wage for the position
• Working conditions won't adversely affect other similarly employed workers
• There's no strike or lockout at the worksite
• You have provided notice of the LCA filing to workers at the worksite

The DOL reviews the LCA within seven working days and certifies it if the application is complete and the attestations are in order. Note that rejections are rare for properly filed applications.

If you'll place your E-3 worker at a third-party or end-client worksite (common in IT consulting and staffing), the LCA must list the actual worksite location. You must also satisfy the posting and notice requirements at each worksite where the employee will perform services.

Step 4: Post the LCA notice

You must notify your current employees of the LCA filing. Post a copy of the LCA or a notice of the filing in at least two conspicuous locations at each worksite, or provide electronic notice if that's the standard communication method for your workforce. Keep in mind that the notice must stay posted for 10 business days.

If you miss the posting window or realize the notice wasn't visible, repost immediately, and document the corrected dates. DOL doesn't prescribe a specific remedy for a late posting, but maintaining a clear paper trail protects you in the event of an audit.

For fully remote E-3 workers with no central worksite, post the notice electronically (company intranet or all-staff email) and document the distribution method.

Step 5: Provide documentation to the employee

Once you have the certified LCA, give the employee:

• A copy of the certified LCA (Form ETA 9035)
• An official job offer letter stating the role title, duties, salary, work location, and start date
• A copy of the original job posting
• Any documents confirming the employee's qualifications

From this point, the employee handles the visa application at a U.S. consulate in Australia. The employee completes Form DS-160, pays the visa application fees, and schedules their consular interview.

Note that interview waiver policies that previously allowed many E-3 applicants to skip in-person interviews ended on October 1, 2025. All applicants now need to schedule an in-person interview, and appointment availability varies by location. Budget three to eight weeks from LCA certification to visa in hand, depending on E-3 visa processing time and consulate wait times.

If the consular officer issues a 221(g) administrative processing notice, the consulate will delay the visa while it conducts additional review. This is uncommon for E-3 applicants but does happen. Have a contingency plan for a delayed start date.

E-3 visa cost to employer

Consular E-3 processing costs the employer zero in government fees because the employer files only the LCA, which is free. The employee pays all visa application fees directly to the consulate.

Consular E-3 processing (employer files LCA only)

In the consular route, the employer's financial obligation is limited to the LCA filing, which carries no government fee. Every other cost falls on the employee, who pays the consulate directly when scheduling the visa interview. This distinction matters for budgeting: unlike the H-1B, where the employer must pay USCIS fees before USCIS even reviews the petition, consular E-3 processing requires zero upfront employer spending on government fees.

The MRV fee for E-category visas (including E-3) is $315. Congress authorized the Visa Integrity Fee ($250) through the One Big Beautiful Bill Act (Pub. L. 119-21, signed July 4, 2025). Check travel.state.gov/fees before the employee’s interview for the most current fee schedule.

One exception to the zero-cost rule: if the employee's consular interview results in a 221(g) administrative processing hold, the employee may need to submit additional documents or undergo a second interview. Neither scenario creates a fee for the employer, but it can delay the start date by weeks or months. If the employee needs to rebook travel or extend temporary housing in Australia while waiting for processing to clear, some employers cover those costs as part of a relocation package. There's no legal requirement to do so, but offering this support can strengthen your offer when competing for top Australian talent.

For employers who routinely sponsor multiple E-3 workers, the consular route also eliminates the administrative overhead of tracking USCIS receipt numbers, responding to Requests for Evidence, and managing premium processing timelines. The entire process runs through DOL (for the LCA) and the U.S. consulate (for the visa), keeping the employer's involvement minimal after the LCA is certified.

If the employee is already in the U.S. (change of status via I-129)

If the Australian worker is already in the U.S. on another visa status and wants to switch to E-3 without leaving the country, the employer must file Form I-129 with USCIS. Note that this is the only scenario where the employer pays USCIS fees for E-3 sponsorship.

Premium processing guarantees USCIS reviews the petition within 15 business days. Without it, standard I-129 processing times run many months (check current processing times on the USCIS website for up-to-date estimates). Even the most expensive E-3 scenario (I-129 with premium processing for a large employer) totals $4,580.

For more detail on the E-3 renewal and extension process, including when to choose consular renewal versus I-129 extension, see the dedicated guide.

E-3 visa vs H-1B: employer cost comparison

Consular E-3 processing costs employers zero in government fees. H-1B sponsorship costs $2,225 to $3,595 in mandatory fees alone, and the Presidential Proclamation fee can push that past $103,000 for certain new petitions.

H-1B employer costs

Worked example: hiring the same candidate on E-3 vs H-1B

Suppose you run a 50-person tech company and you want to hire an Australian software engineer based in San Francisco. The candidate is currently in Sydney.

E-3 route: You file the LCA (free), the DOL certifies it in about a week, and the candidate applies at a consulate in Sydney. Your total government fees: $0. The candidate pays $315 (Machine Readable Visa (MRV) fee) plus the Visa Integrity Fee. Timeline: roughly three to six weeks from LCA filing to visa in hand.

H-1B route: You pay the $215 registration fee and enter the weighted lottery. If selected (not guaranteed), you file I-129 with $780 (large employer filing fee) + $1,500 (ACWIA) + $500 (fraud fee) + $600 (Asylum Program Fee) = $3,595 in mandatory fees. Since this candidate is outside the U.S. and doesn't hold valid H-1B status, the $100,000 proclamation fee applies, pushing total government fees to $103,595.

Timeline: six to 12+ months, and selection isn't guaranteed. The proclamation fee faces active legal challenges. A federal district court in Washington upheld the fee in December 2025, but the Chamber of Commerce appealed to the DC Circuit, where oral arguments took place on March 9, 2026. The fee's long-term status remains uncertain, and the legal challenges are evolving quickly.

Side-by-side comparison

The H-1B's one structural advantage over the E-3 is dual intent. H-1B holders can openly pursue permanent residence (a green card) while maintaining their visa status. E-3 holders must maintain nonimmigrant intent, which means a green card path exists but requires more careful planning. For employers focused on immediate hiring needs rather than long-term immigration pathways, this distinction rarely affects the sponsorship decision.

E-3 visa LCA employer requirements

The Labor Condition Application is the single document you file for E-3 sponsorship, and the only required filing for the consular route.

What the LCA requires

When you file Form ETA 9035/9035E through the DOL FLAG system, you make four formal attestations. Note that these are legal commitments, not suggestions:

• Wages: You'll pay the E-3 worker at least the prevailing wage or the actual wage paid to similarly situated workers at your company, whichever is higher
• Working conditions: Employing the E-3 worker won't adversely affect the working conditions of similarly employed workers at the worksite
• No strike or lockout: There's no strike, lockout, or work stoppage in the occupation at the worksite at the time of filing
• Notice: You have provided notice of the LCA filing to workers at the worksite

LCA posting and notice requirements

You must provide notice of the LCA in one of two ways, depending on whether a union represents your workforce:

• Post a hard copy or electronic notice in at least two conspicuous locations at the worksite for 10 business days
• Alternatively, if workers at the worksite have a collective bargaining agent, provide notice directly to the bargaining representative

The notice must include:

• The number of E-3 workers sought
• The occupation
• The wages offered
• The period of employment
• The locations where you'll employ the workers

LCA filing timeline and record-keeping

You can't file the LCA more than six months before the employee's start date. The DOL certifies most LCAs within seven business days. Once certified, the LCA is valid for the period of employment stated on the form, up to a maximum of two years.

You must maintain a public access file for each LCA, including:

• The certified LCA
• Prevailing wage documentation
• Proof of actual wages paid
• The employee notice
• A summary of benefits offered Maintain this file for one year after the LCA expires or you withdraw it, and make it available for public inspection within one business day of a request. Note that even if you never receive a DOL audit, the file must be accessible. Failure to produce it on demand is itself a violation, regardless of whether the underlying LCA was properly filed.

Once the LCA is certified and your records are in order, the next step is managing your ongoing obligations as an E-3 employer.

E-3 visa employer obligations after hiring

Once the E-3 worker begins employment, the employer must maintain compliance with the LCA attestations for the duration of the employment period. These four ongoing obligations cover wages, job changes, documentation, and record retention:

• Pay at least the prevailing wage
• File new LCAs for material job changes
• Keep the public access file current
• Retain records for the full LCA period plus one year

Prevailing wage compliance

You must continue paying the E-3 worker at least the prevailing wage for the duration of their employment. If the prevailing wage for the occupation increases during the employment period, you don't need to adjust mid-LCA. However, you should file the new LCA at the current prevailing wage when it's time to extend.

Changes in employment

If the E-3 worker's job duties, work location, or hours change significantly, you may need to file a new LCA reflecting the updated terms. A change in work location to a different metropolitan statistical area always requires a new LCA.

When the change is borderline, for example a temporary project at a client site in a different metro area for fewer than 30 days, a short-term placement exception may apply. Consult an immigration attorney if you're unsure whether a specific change of employer situation triggers a new LCA.

240-day extension rule

If you file an I-129 extension petition before the employee's current E-3 status expires, the employee can continue working for up to 240 days while the extension is pending, even if their I-94 expires in the meantime.

Example: Your E-3 employee's status expires on August 1. You file the I-129 extension on July 15. Even if USCIS hasn't adjudicated the petition by August 1, the employee can continue working through mid-March of the following year (240 days after the expiration). Although this provides a long runway, if USCIS approves the extension before that date, the new I-94 takes over.

Termination obligations

If you terminate an E-3 worker before the end of their authorized stay, you must offer to pay the reasonable cost of return transportation to Australia. The worker then has a 60-day grace period (or until the end of their authorized stay, whichever is shorter) to find a new employer, change status, or depart the U.S. Keep in mind that even if the worker finds a new sponsor, you must still document the separation date and close out the LCA public access file. For help navigating a separation, consult an immigration attorney to ensure compliance with all notice and record-keeping requirements.

E-3 visa spouse and dependent benefits for employers

The E-3 worker's spouse receives automatic work authorization on E-3S status, with no separate application, no employer sponsorship, and no wait. That makes the E-3 one of the strongest recruiting tools for Australian professionals relocating with a working partner.

E-3S spouse visa

The E-3 worker's spouse receives E-3S status, which includes work authorization as a matter of law since January 30, 2022, when DHS began designating E and L dependent spouses as employment-authorized incident to status. Note that this means:

• The spouse can work for any U.S. employer in any occupation
• The spouse doesn't need a separate work permit application
• The spouse doesn't need additional employer sponsorship
• The spouse's I-94 with E-3S status serves as proof of work authorization

For candidates considering relocation with a working spouse, this is a significant advantage over the H-1B. H-4 spouses must file a separate Employment Authorization Document (EAD) application, which costs $520, takes months to process, and isn't available unless the H-1B worker has reached certain stages in the green card process.

E-3D dependent children

Children under 21 can accompany the E-3 worker on E-3D dependent status. Dependent children may attend school in the U.S., making the E-3 a strong option for families relocating together. E-3D dependents can't work. However, if a dependent child turns 21 while in the U.S., they'll need to change to another visa status (such as F-1 for students) or depart.

Plan ahead if the employee has children approaching age 21, since the status change must be filed before the birthday.

When recruiting Australian talent, highlight these family benefits in your offer letter and job postings. Automatic spouse work authorization and dependent school enrollment give the E-3 a clear edge over the H-1B for candidates relocating with family.

When to choose the E-3 visa (and when to consider alternatives)

The E-3 is the right choice for most Australian specialty occupation hires, but there are scenarios where other visa categories work better.

The E-3 is ideal when:

• You have a specialty occupation role and a qualified Australian candidate, and the E-3 was designed for this
• You want to minimize sponsorship costs and administrative burden
• The candidate is outside the U.S. and can apply at a consulate
• The candidate's spouse needs work authorization
• You need the employee to start within weeks, not months

Consider alternatives when:

• The candidate needs a direct path to permanent residence. The H-1B allows dual intent, making green card sponsorship more straightforward. That said, E-3 holders can pursue employer-sponsored permanent residence through the EB-2 or EB-3 categories while holding E-3 status. The process involves three filings:
• Program Electronic Review Management (PERM) labor certification
• Form I-140 (immigrant petition)
• Form I-485 (adjustment of status) The timing of each step needs careful management to avoid triggering nonimmigrant intent issues.
• The candidate isn't an Australian citizen. The E-3 is exclusively for Australians. For Chileans or Singaporeans, consider the H-1B1. For Canadians or Mexicans, consider the TN visa.
• The role doesn't require a bachelor's degree. If the role doesn't meet the specialty occupation definition, the E-3 won't work.

The E-3 can be renewed indefinitely in two-year increments. Unlike the H-1B, which has a six-year maximum stay (with limited exceptions), an E-3 worker can remain in the U.S. for as long as they maintain a qualifying job and valid status. For employers building long-term teams, this means no artificial expiration date on your hire.

Frequently asked questions