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Skip the lottery.

E-3 & H-1B1

Specialty Visas

Citizens of Australia, Chile, and Singapore have dedicated specialty-occupation visas whose quotas historically never run out. Qualified professionals skip the H-1B lottery entirely on the e-3 visa us and H-1B1 routes. Here’s the whole e-3 visa guide, in plain English.

Free Case Review How It works

10,500

E-3 visas per year for Australian citizens.

0

Lottery. These quotas historically never run out, and consular applicants need no USCIS petition.

5,400

H-1B1 visas per year for Singaporeans, plus 1,400 for Chileans.

Who Qualifies

Three passports. Two visas.

The requirements mirror the H-1B, without the lottery: the passport, the job, the degree, and the LCA. These e3 visa requirements and e3 visa eligibility rules decide it.

E-3: Australians

the e3 visa Australians rely on gives Australian citizens 10,500 visas per year.

H-1B1: Chile and Singapore

Chilean (1,400/yr) and Singaporean (5,400/yr) citizens; the h1b1 requirements mirror the E-3.

A specialty occupation

a U.S. job offer in a role requiring at least a bachelor's degree in a specific field.

The matching degree

the degree, or its equivalent, in that field.

A certified LCA

a certified Labor Condition Application from the employer.

Two Paths

One idea. Two flavors.

Both visas do the same job with different numbers, and one big difference for spouses.

E-3, Australia

10,500 visas per year for Australian citizens. Spouses may work incident to status. 10,500 / YEAR.

Form I-485

Read the AOS guide

H-1B1, Chile & Singapore

the h1b Chile and Singapore route gives 1,400 visas per year for Chilean citizens and 5,400 for Singaporeans. Spouses need their own status to work. 1,400 & 5,400 / YEAR.

Form I-485

Read the AOS guide

The Process

Five steps. No lottery.

The e-3 visa process runs the same five steps for every applicant.

01

the LCA:

The employer files the LCA (ETA-9035) marked E-3 or H-1B1.

02

the consulate

Apply directly at a U.S. consulate with Form DS-160, the certified LCA, degree evidence, and the offer letter. No USCIS petition required for consular applicants.

03

the U.S. option

Alternatively, file Form I-129 for a change of status or extension inside the U.S.

04

the renewals

Admission in 2-year increments, renewable indefinitely in practice. Both categories require nonimmigrant intent, so green card timing needs planning.

05

the family

E-3 spouses may work incident to status; H-1B1 spouses (H-4) may not without their own status.

Forms & Fees

Know the paperwork.

ETA-9035

the Labor Condition Application, certified by the Department of Labor and marked E-3 or H-1B1.

DS-160

the consular visa application, filed with the certified LCA, degree evidence, and offer letter.

I-129

the optional USCIS route for change of status or extension inside the U.S.

Planning a green card?

Both categories require nonimmigrant intent. A green card can still follow, but the timing needs planning, so map that bridge before you file.

The Rules

What you can and cannot do.

  • Work part time: E-3 and H-1B1 roles can be part time, as long as the certified wage terms are honored
  • Change employers without a lottery: a fresh LCA and a new application or petition move you
  • Bring a spouse and children of any nationality: their status follows yours, not their passports
  • Keep working up to 240 days while a timely filed extension is pending with USCIS
  • Start work before the LCA is certified and the visa or status is in hand
  • Freelance or moonlight on the side: every employer needs its own certified LCA
  • Self-sponsor: both visas require a real U.S. employer standing behind the filing
  • Sit unemployed indefinitely: a job loss opens a grace window of up to 60 days, then status ends

Costs

What it costs in 2026.

The consular route is one of the better deals in U.S. work visas: no USCIS petition, no employer petition fee, just the visa application itself, the free labor certification behind it, and the $250 integrity fee created by the 2025 budget law, collected when the visa is issued. Filing inside the U.S. through USCIS costs more, and those fees land on the employer.

Item Amount Notes
E-3 application (DS-160) $315 per person The E-category consular rate for Australian applicants, paid when you book the interview
H-1B1 application (DS-160) $205 per person The H-category consular rate for Chilean and Singaporean applicants
Visa integrity fee $250 per person Collected when the visa is issued; adjusts with inflation
Labor Condition Application (ETA-9035) No fee The employer files it with the Department of Labor at no charge
Change of status or extension (Form I-129) $1,015 E-3 / $780 H-1B1 Employer files; small employers and nonprofits pay about half. Every I-129 adds the $600 Asylum Program Fee ($300 for small employers, $0 for nonprofits)
Premium processing (Form I-907) $2,965 Optional 15-business-day USCIS decision, available for E-3 petitions

Fee amounts reflect published government figures as of August 2026 and change over time; the live links above are always current. Consular fees apply per person, including children; petition fees are paid by the employer.

FAQ

Questions we hear every week.

Often the consulate wins: it is cheaper, frequently faster, and it puts an actual visa in your passport for future travel. Changing status through USCIS avoids the trip but leaves you without a visa the next time you depart. An e-3 visa lawyer runs the numbers and the calendar both ways before choosing.

No. These are separate categories with their own clocks. Moving to H-1B later means the lottery and a fresh six-year clock, which is exactly why many people simply stay in E-3 or H-1B1 for years and never look back.

At least the prevailing wage for the occupation and location as certified in the LCA, or the employer's actual wage for similar workers if that is higher. There is no single national figure: the Department of Labor sets it by role and county, and we check it before anyone signs an offer.

Yes. There is no company-size requirement, but small employers get a closer look on whether they can pay the certified wage and whether the role genuinely needs the degree. Clean financials and a precise job description carry these cases.

Not necessarily. What matters is a degree, or its equivalent through evaluated education and experience, in a field tied to the actual duties. A physics graduate in a data-engineering role can be a strong case when the file connects the dots between coursework and the work itself.

It calls for planning rather than fear. Both categories require nonimmigrant intent, so a pending permanent case must be timed and presented properly at renewals and at the border. People move from E-3 and H-1B1 to green cards regularly; the ones who struggle are the ones who never planned the sequence.

YOUR CAREER.
Our fight.

Every case is different. Tell us your story. The evaluation is free, and our e-3 and h1b1 visa lawyer team tells you exactly which path fits.

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