Does the E-3 require the H-1B wage level?

The E-3 visa is intended for Australian citizens who wish to work in the United States, and although it shares some concepts with the H-1B, it has specific requirements that must be considered.

In the case of the H-1B, there is a requirement that the employer pays a wage corresponding to the “prevailing wage” for the position in the field to protect American workers and avoid the devaluation of local salaries. Similarly, the E-3 visa also requires that the offered wage be in accordance with the labor market and the prevailing wage for the occupation. However, this does not mean that the E-3 must follow exactly the same wage level required for an H-1B. Each process has its specific rules: the employer needs to demonstrate that the compensation is compatible with the industry standard for the function to be performed, but the criteria and processes for determining this wage may vary from one visa to another.

It is essential that employers strictly comply with United States regulations when presenting a job offer, whether for an H-1B or an E-3. This care aims primarily to protect both the worker and the American labor market. Additionally, it is important to be cautious with information from unreliable sources or promises of miraculous solutions and always seek guidance from institutions or professionals specialized in immigration.

In summary, although both visas require that the offered wage be consistent with the industry standard, the E-3 does not specifically require the same wage level defined for the H-1B. The main point is that, for the E-3, as well as for the H-1B, the wage must be compatible with what is practiced in the market for the offered position. Paying attention to this requirement and following United States immigration laws is essential to avoid future complications.

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.