July 21, 2005

The Department of Labor Provides Initial Guidance on Filing Procedures for the New E-3 Worker Visa Program

The Department of Labor has published its initial guidance for employers interested in sponsoring employees under the E-3 Professional Workers (Australia) Program, a new nonimmigrant visa category created for Australian professionals seeking to work in the United States in specialty occupations. This new visa category was established upon the recent signing of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief 2005, and allots an additional 10,500 visas (per fiscal year) to Australian nationals only, who come to the U.S. to work in specialty occupations, a term previously defined under the H-1B provisions of the Immigration and Nationality Act.

Importantly, this new visa category would permit Australian nationals who might otherwise be prevented from applying for an H-1B visa as a result of the H-1B cap, to qualify for an nonimmigrant visa under another category. The guidance suggests sponsoring employers under the new Program shall be required to file a Labor Certification Application with DOL. DOL advises employers interested in sponsoring such workers to use the pre-existing Form ETA 9035 with notations. The lack of additional regulatory revisions, prior to the announcement of this Program, is evidence of the coordinated effort between the major agencies (including the State Department and USCIS) to implement the Program without further delay.

GT will continue to provide updated information regarding this new Program, as it becomes available.