Does the E-3 need to prove that the position requires a degree?

The E-3 visa is intended for Australian citizens who will work in specialty occupations in the United States. Generally, these positions require, as part of the criteria for a “specialty occupation,” that the professional holds at least a bachelor’s degree or its equivalent in the field of expertise.

In the context of the E-3, the analysis is not solely focused on the candidate’s degree. The employer offering the position must demonstrate that the job, according to industry standards or customary practices in the United States, requires a university qualification to perform its duties. This requirement is an intrinsic characteristic of the definition of a “specialty occupation.”

Thus, if the position normally would not require a degree in the country of origin, the employer needs to provide evidence that, in the United States, the industry practice requires the corresponding academic degree, as shown, for example, in job postings or market reports.

It is important to remember that each evaluation is conducted individually and consists of analyzing the documents presented, such as the job offer that must explicitly state the qualities and requirements needed for the position. Therefore, any doubt or need for clarification about whether the position actually requires a degree can be addressed by consulting information from the U.S. Department of Labor or reliable industry sources.

We always emphasize the importance of following U.S. immigration laws and seeking specialized advice from serious and trusted professionals. This caution is fundamental to avoid possible mistakes or fraud present in marketing campaigns that promise miraculous solutions.

If you have further questions or need your circumstances reviewed carefully, we strongly recommend consulting official sources and experts in the field.

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.