July 8, 2005 The Department of State has advised that implementing regulations for the newly created E-3 visa category should be ready for publication in about two months. According to the American Immigration Lawyer's Association, the Department of State's Visa Office advised that draft regulations are currently undergoing internal review by other interested agencies. Simultaneously, assurances from the Australian government that U.S. citizens will receive reciprocal visa treatment are being coordinated by the Department of State.

As noted in our news item on May 11, the Emergency Supplemental Appropriations bill created a new E-3 visa category for Australian professionals working in the U.S., subject to an annual limit of 10,500 per year. Similar to the special Singapore and Chile H-1B free trade visas that were created last year, the visas will be processed directly at the U.S. consulates abroad without needing to file an I-129 petition in the US. The category will only apply to professional level positions (typically requiring a Bachelor's degree or higher). Prior to filing the employer will need to secure wage and working condition approval from the Department of Labor using the Labor Condition Application process (similar to H-1B petitions). The E-3 category will also be exempt from the six year H-1B time limit. In addition, it is anticipated that spouses of E-3 workers will be eligible to apply for E spousal work authorization once in the U.S.

BAL is monitoring the progress of this new visa category, and looks forward to assisting clients with filing E-3 applications as soon as the implementation details are announced.