Can the E-3 be applied for if I am in the US on a B-2?

Thank you for your question. When it comes to change of status in the United States, it is essential to thoroughly understand the rules and requirements demanded by the different visa types, especially when transitioning from one status to another, such as from B-2 (tourist) to E-3 (specialty occupation worker, exclusive to Australian citizens). In principle, it is possible to request a change of status from a B-2 visa to an E-3 visa without leaving the country.

However, for this transition, it is necessary to strictly fulfill all the requirements for the E-3 visa, which includes, among other points, having a job offer in the United States and demonstrating that the position qualifies as a ‘specialty occupation’. It is important to remember that during the period you are under B-2 status, all conditions and restrictions of the tourist visa must be followed, and it is essential not to violate any aspect of immigration laws.

Another relevant point is that the change of status procedure requires careful monitoring of the dates and deadlines established by USCIS (United States Citizenship and Immigration Services). Usually, it is recommended that the application be submitted before the current status expires to avoid future complications or situations of unlawful presence.

Additionally, it is worth highlighting that each case is unique and analyses are performed based on the particularities of each person’s immigration history. Given the inherent complexity of these processes, it is recommended to seek specialized guidance from professionals working in the immigration area, always focusing on following current laws and avoiding falling into offers that promise miraculous or guaranteed solutions.

This way, you protect yourself from possible scams and dubious marketing strategies that may further complicate your situation. Finally, it is important to emphasize the need to stay well informed at all times and to make decisions based on guidance from reliable sources. Each step of this process requires attention and strict compliance with the regulations established by the United States government.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.