Can the E-3 be switched to EB-2/EB-3?

The E-3 visa is a non-immigrant visa category intended for Australian citizens who wish to work in the United States in specialized occupations, whereas the EB-2 and EB-3 categories are immigrant visas that can lead to permanent residency.

Thus, although it is possible for an E-3 visa holder to seek transition to one of these immigrant categories, the process does not happen automatically or as a simple ‘switch’. Instead, it is necessary to start a new process, fulfilling all the requirements imposed by US immigration law for the desired EB category.

The conversion basically involves obtaining a permanent job offer from a US employer, as well as undergoing steps such as the labor certification process (PERM). For the EB-2 category, for example, besides meeting professional qualification requirements, it may be necessary to demonstrate exceptional abilities or possess an advanced degree.

The EB-3 category generally requires proof of professional qualification or a job that does not demand advanced credentials, but also requires certification that there are no qualified American workers available to fill the position.

During this process, it is essential to strictly follow the United States immigration laws. Due to the complexities and variables that may arise, it is recommended to seek guidance from reliable sources and qualified professionals. Avoid being swayed by easy promises or marketing campaigns that guarantee results without proper legal backing, since non-compliance with regulations can lead to serious complications in the future.

In summary, although an E-3 visa holder can indeed initiate a path toward permanent residency through the EB-2 or EB-3 categories, this procedure demands compliance with a set of specific requirements and steps established by immigration authorities. Being well informed and having proper legal assistance is essential to safely navigate this process.

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.