The E-3 vs. the H-1b Visa: The Australian Advantage
The US and Australia have a treaty that, among other things, permits Australians to work in the US on an E-3 employment visa. Just like an H-1b visa, the beneficiary still needs a US company sponsor, the job must be a specialty occupation and the company must pay prevailing wage. However, the E-3 has several advantages over its H-1b cousin:
It is effectively always available. There is a cap, but it has never been close to being reached. So Australians can apply anytime, there is no H-1b style lottery.
The beneficiary can apply at the consulate. A petition with USCIS is not required, which saves time and money. (You do still need to file an LCA with the Department of Labor.)
There is no maximum stay on an E-3. H-1b holders are limited to six years total. While an E-3 approval is good for two years, there is no limit on the number of extensions you can file. Extensions can be filed in the US through USCIS or by a return visit to the consulate. (Although at some point, the officer may question the beneficiary's required nonimmigrant intent.)
The spouse can work. After entering on an E-3 dependent visa, the spouse can apply for general work authorization. This is a major benefit to your employee.
So, is there ever a reason to file for an H-1b for an Australian? Sometimes, if the company is planning on sponsoring a green card. An H-1b is a dual intent visa and allows for international travel during a short time during the green card process when an E-3 visa holder could not leave the US. Each H-1b is good for three years rather than two, which means less frequent renewals. But these small advantages are often outweighed by the benefits of the E-3 visa.
What to know more about how to hire an Australian citizen? Contact us at 415-496-9040 or theteam@huwelaw.com for a Free Employer Consultation.