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E3 Dependents

Dependents

  • How do I demonstrate that I qualify for an E-3D (dependent) visa?

    How do I demonstrate that I qualify for an E-3D (dependent) visa?

    • You must demonstrate to the consular officer that the established relationship exists. Usually this can be accomplished with a marriage certificate for spouses or a birth certificate for dependent children. Please note that the United States does not recognize De Facto relationships, and to qualify as a spouse you will need to provide a marriage certificate. You must also show that the principal applicant is the recipient of an E-3 visa.
  • What is the process to apply for an E-3D (dependent) visa?

    What is the process to apply for an E-3D (dependent) visa?

    • The dependent must make a separate visa application, which involves most of the same steps as the principal applicant’s application, namely completing the required forms, paying the application fee, and scheduling a visa interview with a U.S. consular officer. Further details can be found on our page on how to apply.

      Please note, when completing the DS-160 form and scheduling an appointment you will need to select 'E-3' for dependents. There is no option to select 'E-3D', but the correct visa type will be entered when the application is submitted at the interview.

      The dependent does not need to provide the principal applicant’s Labor Condition Application (LCA) or evidence of employment, but needs to show that the principal applicant is the recipient of an E-3 visa by providing a copy of the visa or, if the applicant has obtained E-3 status in the U.S., the I-797 Approval Notice. The dependent can apply at the same time as the principal applicant, but they may also apply seperately once the principal applicant’s E-3 visa has been issued. The principal applicant does not need to be present at the dependent’s interview. Each dependent must make a separate visa application, but children under 14 who are Australian citizens or permanent residents of Australia are not usually required to attend an interview.
  • May spouses and children work?

    May spouses and children work?

    • E-3 spouses are entitled to work in the United States and may apply for an Employment Authorization Document (Form I-765) through U.S. Citizenship and Immigration Service (USCIS). When completing the form, applicants will need to select the visa type E1/E2, as E3 is not listed as an option.

      Children on an E-3D visa are not permitted to work.

      Spousal employment may be in a position other than a specialty occupation, and may be full time, part time or casual work. Please note however that the U.S. does not recognize De Facto relationships for the purposes of immigration.
  • Can a de-facto partner apply for the E-3D (Dependant) visa?

    Can a de-facto partner apply for the E-3D (Dependant) visa?

    • The United States does not recognize de facto relationships for the purposes of immigration. Therefore, the de facto partner cannot apply for the derivative visa of the principal applicant, except for limited instances involving Official visas. 

      If the partner wishes to accompany the principal applicant to the United States, the partner must either:

      a)      Independently qualify for a work, study or exchange visa. Further details on these types of visas can be found on our website at http://canberra.usembassy.gov/niv_visa_categories.html

      or

      b)      Qualify for a tourist visa. The length of stay permitted for visitors is determined by the Immigration Officer at the port of entry and generally, the maximum amount of time a traveler is permitted to stay in the United States on initial entry is 180 days. To request an extension of stay, the partner must apply to U.S. Citizenship and Immigration Services (USCIS).  This request should be submitted to USCIS as early as possible, but at least two (2) months before the departure date stamped on the I-94 entry card.  Please see the USCIS website for more details: http://www.uscis.gov/portal/site/uscis

      Further details on B-1/B-2 visas can be found at http://canberra.usembassy.gov/business-tourist.html