Does the E-3 require advertising the position beforehand?

No. The E-3 does not impose any obligation to advertise the position in advance or to conduct formal recruitment to test the availability of U.S. workers. Unlike processes such as labor certification (PERM), the focus here is on demonstrating that the job offer is legitimate and that the Australian professional holds the qualifications for the specialty occupation.

This does not mean, however, that the employer has no obligations. A central step is filing a Labor Condition Application (LCA) with the U.S. Department of Labor, in which the employer makes commitments regarding the working conditions and compensation for the position.

Beyond the LCA, the other visa requirements still apply, such as the match between the professional’s background and the role, and the legitimacy of the offer. Because rules can change, it is worth confirming the current requirements with USCIS and the Department of Labor or with a qualified specialist before starting the process.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.