Does the E-3 require union rate if the profession is unionized?

The E-3 visa is an important tool for Australian citizens who wish to work in the United States in specialized occupations. One of the visa requirements is that the job offer provides compensation that is equal to or higher than the prevailing wage for the position, that is, the standard for American professionals in the same field.

The question about the “union rate” (wage set by union agreements) arises when the profession in question is unionized. It is important to clarify that the E-3 visa does not explicitly require the salary to follow the union rate, but rather that the job offer meets the requirement of wages that are fair and compatible with the working conditions of the region and sector in the United States.

In situations where the profession is unionized and there is a collective agreement that establishes a minimum wage or remuneration defined by the union, the job offer must respect these parameters if they apply to the position. In other words, the employer will need to prove that the proposed compensation respects, at minimum, the standards of the agreement, in addition to satisfying the United States Department of Labor’s prevailing wage requirements.

We emphasize the importance of always rigorously following U.S. immigration laws, both when organizing documentation and when negotiating the employment contract. Seek information from official sources and rely on the support of specialized and trustworthy professionals to avoid falling into misleading offers or promises of miraculous results, which can be traps.

Staying informed and acting according to current rules is the best way to ensure that the steps toward realizing the dream of working in the United States occur safely and well-guided.

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.