The Department of State has just announced regulations enacting the E3 visa. The E3 adds a new nonimmigrant visa classification for Australian nationals who are coming to the United States solely to perform services in a specialty occupation. The new E-3 visa classification also allows spouses and children of E-3 to enter the US .

The E-3 visa classification is numerically limited, with a maximum of 10,500 visas available annually. Spouses and children do not count against the numerical limitation nor are they required to possess the nationality of the principal. A Labor Condition Application (LCA), containing attestations by the sponsoring employer related to wages and working conditions, must be filed with and approved by the Department of Labor ( DOL ). At the time of visa application, the visa applicant must present the consular officer with the original or copy of the approved LCA.

In general, a specialty occupation is one that requires theoretical and practical application of a body of knowledge in professional fields and at least the attainment of a bachelor's degree, or its equivalent, as a minimum for entry into the occupation in the United States , and is generally equal to an H-1B specialty occupation.

As is the case for the spouse of a principal E-1 and E-2 nonimmigrant, the spouse of a qualified E-3 nonimmigrant may, upon admission to the United States , apply for an employment authorization document, which an employer could use to verify the spouse's employment eligibility. Such spousal employment may be in a position other than a specialty occupation.