E-3D Visa Work Authorization - the Basics
Here is another posting in my series of work authorization eligibility for the spouse and minor children of principal visa holders: this posting concerns those who are here on E-3D visas—the spouse and minor children of E-3 Specialty Occupation Workers from Australia.
First, the E-3 visa is available to a national of the Commonwealth of Australia who is coming to the U.S. to perform services in a specialty occupation with “specialty occupation” being defined in the same manner as in the H-1B context. That is, an occupation that requires the theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation. The Australian national must be able to show he or she will be employed in a specialty occupation in the United States and that he or she possesses the required U.S. bachelor’s or higher degree (or its equivalent) in the specific specialty to meet the minimum requirement for entry into the occupation in the U.S.
The dependent spouse and children (under the age of 21) of an E-3 principal are admitted in E-3D classification.
Under Section 101(a)(15)(E) of the Immigration and Nationality Act, the dependent spouse, but not the child, of an E-3 nonimmigrant may apply for work authorization. As with the spouse of an L visa holder, the law specifically mentions “spouse” and notably does not mention “child” in describing the E-3 holder’s dependents who are eligible.
The E-3D spouse files Form I-765, Application for Employment Authorization along with evidence of the marriage relationship and with evidence of his or her spouse’s E-3 principal status.
Please note that since the posting of this entry, the USCIS has issued a revised edition of the I-765. The new edition date is 4/4/2008. The new I-765 can be found at the same link as above.
