Trump Immigration Changes and the E3 Visa: What Australians Need to Know
The E3 visa program remains intact, but interview waivers and third-country renewals have changed. What Australians working in the U.S. need to know.
Recent Trump administration immigration policies have created uncertainty for Australians on E-3 visas. Since January 2025, the administration has rolled out significant changes, including new fees, stricter vetting, and restrictions on visa renewals. If you hold an E-3 visa or are considering applying for one, here's what you actually need to know.
The good news: the E-3 visa program itself remains intact. The less good news: several broader immigration changes affect how and where you can apply or renew. This article separates verified policy changes from speculation, based on official government sources.
Key takeaways
- The E-3 visa program structure has not changed under the Trump administration. You still have access to this specialty occupation visa with no lottery and unlimited renewals.
- Third-country visa renewals are now significantly harder. As of December 2025, you should schedule visa interviews in Australia rather than convenient locations like Canada or Mexico.
- The $100,000 H-1B fee does not apply to E-3 visas. This is an H-1B-specific measure.
- Interview waivers for E-3 renewals have been eliminated. Most applicants now require in-person consular interviews, even for straightforward renewals.
- Australia is not affected by any travel bans. The January 2026 visa suspension proclamation covers 39 countries, and Australia is not among them.
E3 visa policy changes in 2025 and 2026
The Trump administration has implemented several immigration policy changes since taking office in January 2025. While none specifically target the E-3 visa, broader changes to consular processing and visa interviews directly affect you.
Interview waiver elimination
Effective October 1, 2025, the State Department updated interview waiver eligibility. Previously, many E-3 renewal applicants could qualify for interview waivers, allowing them to submit their application without an in-person interview.
Under the new policy, almost all nonimmigrant visa applicants require in-person interviews with a consular officer. The only exceptions are certain diplomatic visas, B-1/B-2 visitor visa renewals (within 12 months of expiration), and H-2A visa renewals (within 12 months of expiration).
For E-3 holders, this means planning trips back to Australia for renewals. You cannot skip the interview.
Third-country renewal restrictions
Effective December 12, 2025, the State Department updated guidance on where applicants should schedule visa interviews. The new policy states that nonimmigrant visa applicants should schedule interviews at the U.S. Embassy or Consulate in their country of nationality or residence.
Before this change, many E-3 holders living in the U.S. would renew their visas in countries like Canada, Mexico, or the UK during brief trips. This was convenient and avoided the long flight back to Australia.
Under the new guidance, applying outside your country of nationality or residence means you may find it more difficult to qualify for the visa and should expect significantly longer wait times for appointments. While third-country processing is not explicitly banned, the practical barriers have increased substantially.
When third-country processing works: the dual citizen advantage. An Australian holding British citizenship renewed her E-3 at the London consulate in early 2026. Her UK passport meant London was a valid option. When the consular officer asked why she was not applying in Australia, she explained that the UK was still home - the place she maintained ties to and would return to when her E-3 ended. That answer satisfied the officer.
The takeaway: you must be a citizen or resident of the country where you interview. A layover or business trip is not enough. But if you hold a second passport from a country that processes E-3 visas - the UK, Canada, or New Zealand - you can apply there even if you do not currently live there.
What has NOT changed for the E3 visa
The core E-3 program is unchanged. What has changed is the process of applying for and renewing the visa.
The E-3 visa structure remains the same. There have been no changes to eligibility requirements for E-3 applicants, the 10,500 annual cap (which has never been reached), the two-year validity period with unlimited renewals, spouse work authorization (E-3S status), or specialty occupation requirements.
How the E3 visa is affected
The good news
The $100,000 fee does not apply to E-3 visas. In September 2025, the Trump administration imposed a $100,000 fee on new H-1B petitions for beneficiaries abroad who require consular processing. This fee applies specifically to H-1B visas and does not affect E-3 applications.
The H-1B wage-weighted lottery does not affect E-3. Starting with the FY2027 cap season (March 2026 registration), H-1B visas will use a wage-weighted lottery that gives higher-paid workers better odds. Since the E-3 visa has no lottery (its cap has never been reached), this change is irrelevant if you're Australian.
Australia is not on any travel ban list. Presidential Proclamation 10998, effective January 1, 2026, suspended visa issuance for nationals of 39 countries. Australia is not among them. You face no country-specific restrictions.
The challenging news
In-person interviews are now required. The interview waiver program that allowed some renewal applicants to skip consular interviews no longer applies to E-3 visas. You will need to attend an in-person interview in Australia for renewals.
Third-country renewals are now difficult. While not technically banned, the State Department's guidance strongly discourages applying outside your country of nationality or residence. If you've been planning to renew in Canada or Mexico during a conference trip, that strategy is now risky.
Increased scrutiny at ports of entry. Based on reports from E-3 holders in online communities and immigration attorney observations, there appears to be more intensive questioning about nonimmigrant intent when entering the United States. While this was always part of the process, border officers appear to be applying stricter scrutiny under the current administration.
What you can do right now
If you're currently on an E3 visa
Plan renewals around Australia trips. Build your renewal timeline around trips home. Sydney, Melbourne, and Perth all process E-3 visas. Check current wait times before booking travel.
Keep employment documentation current. With increased scrutiny, ensure your job description, offer letter, and LCA accurately reflect your current role. Any discrepancy between your visa documents and your actual work could cause problems.
Understand the grace period. If you lose your job, you have up to 60 days to find new employment, change status, or depart. This hasn't changed, but the stakes feel higher in an environment of increased enforcement.
If you're applying for an E3 for the first time
The E-3 remains one of the most accessible U.S. work visas. Despite the policy changes, the E-3 is still significantly easier to obtain than an H-1B. There's no lottery, no $100,000 fee, and the cap has never been reached.
Prepare for your consular interview thoroughly. With interview waivers eliminated for most categories, every applicant goes through a consular interview. Practice articulating your role, why it qualifies as a specialty occupation, and how your qualifications match. Read our E-3 interview guide for detailed preparation tips.
Be clear about nonimmigrant intent. The E-3 is a nonimmigrant visa. Consular officers will assess whether you intend to return to Australia when your work in the U.S. ends. This doesn't mean you can never want to stay long-term, but your application should not suggest you're using the E-3 solely as a stepping stone to permanent residence.
If you're considering a green card
E-3 to green card pathways remain available. The E-3 is not a dual-intent visa like the H-1B, but you can and do transition to green cards through employer sponsorship (EB-2 or EB-3). The process involves PERM labor certification, I-140 petition approval, and green card application.
Timing matters more than ever. Immigration policy is evolving, so consulting with an attorney about timing is worth the investment.
Should you be worried?
The E-3 visa remains a strong option if you're an Australian seeking U.S. employment. The program itself hasn't been targeted for elimination or restriction, and Australia's status as a close ally provides some insulation from the harshest immigration measures.
That said, the broader environment has shifted. Increased scrutiny at consulates and ports of entry, elimination of interview waivers, and restrictions on third-country processing make the E-3 process more demanding than it was a year ago.
The practical impact depends on your situation. If you're already in the U.S. on an E-3 and rarely travel home, the renewal changes add inconvenience but not fundamental barriers. If you're applying for the first time, you'll face a more rigorous process but the visa remains attainable.
Immigration policy can change quickly. What's true today may not be true in six months. Keep current with official government sources, and if your situation is complex, consult with an immigration attorney who specializes in E-3 visas.
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Browse 100,000+ jobsFrequently asked questions
Is the E-3 visa being eliminated under Trump?
No. There is no indication that the E-3 visa program will be eliminated. The program remains in effect with the same eligibility requirements, annual cap, and renewal structure as before. Changes have been made to interview requirements and third-country processing, but the E-3 visa category itself is unchanged.
Does the $100,000 H-1B fee apply to E-3 visas?
No. The $100,000 fee imposed in September 2025 applies specifically to new H-1B petitions for beneficiaries abroad who require consular processing. E-3 visas are a separate visa category and are not subject to this fee. The E-3 application fee remains $315 for the MRV fee plus any applicable USCIS fees if filing a change of status within the U.S.
Can I still renew my E-3 visa in Canada or Mexico?
Technically yes, but it is now more difficult. As of December 2025, the State Department advises applicants to schedule interviews in their country of nationality or residence. Applying elsewhere may result in longer wait times and increased difficulty qualifying for the visa. Most immigration attorneys now recommend renewing in Australia.
Do I need an in-person interview for E-3 renewal?
Yes. Interview waivers for E-3 renewals have been eliminated as of October 2025. All E-3 applicants, including renewals, must attend an in-person interview at a U.S. consulate in Australia (Sydney, Melbourne, or Perth).
Are Australians affected by the Trump travel bans?
No. Presidential Proclamation 10998, effective January 1, 2026, suspended visa issuance for nationals of 39 countries. Australia is not on this list. You face no country-specific visa restrictions under current travel bans.
Can my E-3 spouse still work?
Yes. E-3 spouses in valid E-3S status remain employment authorized incident to status. This has not changed under the Trump administration. Your spouse can work for any U.S. employer without needing to apply for a separate work permit.
About the Author
Founder & CEO @ Migrate Mate
I moved from Australia to the United States in 2023. I have had 3 jobs, and 3 different visas. I started Migrate Mate to help people like me find their dream job in the USA & help them get visa sponsorship.
