The E-3 and H-1B visas are similar but have some key differences. This post summarizes the key similarities and difference between the H-1B and E-3 visas.
You can find out more about the E-3 visa by clicking here.
You can find out more about the H-1B visa by clicking here.
| Question | H-1B | E-3 |
| Is there a visa lottery? | Yes. For the last several years, the H-1B has been subject to a lottery as far more applicants apply than available visas | No |
| Which Nationalities can Apply? | Nationals from any country can apply | Only Australian Nationals can apply (Requires a passport from Australia) |
| What is the application process? | Application must be submitted to USCIS and after USCIS approves the petition, the applicant can go to a Consulate to get the Visa. USCIS could take months to process the petition unless you pay for premium processing. | Most applicants apply at a Consulate where they bring their supporting documentation and get a decision right away. USCIS is also an option but premium processing does not exist for this petition. |
| When can you apply? | For cap subject H-1B petitions, applications can only be made in April for a start date of October. | Anytime |
| Does the visa require a specialty occupation and a BA? | Yes. Both visas have a minimum requirement that the applicant have a BA and the job must require a BA. | Yes |
| Is a Labor Condition application required? | Yes | Yes |
| Who can pay for the Petition? | Employer | Employer |
| Which petition is more expensive? | H-1B petitions are more expensive as significant Government imposed filing fees and likely RFE costs | Applicant only has to pay Consular fees (normally $205). Also, typically no RFE |
| How are family treated? Can my spouse work? | Spouse can only work under very limited circumstances where the primary applicant is going through a green card process. | Spouse can apply for work authorization and can work anywhere. |
| What are the employer Obligations? | Significant compliance requirements including paying for the return flight home of applicant if he/she is terminated | Employer does not have to pay for return flight home if applicant is terminated. |
| How long can the visa be issued for? | 3 years at a time up to a maximum of 6 years | No cap on the number of renewals and issued in 3 year increments |
| Which petition has the higher approval rate | Approval rate of approximately 70% | Approval rate of over 95% |
| Is the visa dual intent? | Yes | No (but applicant need not maintain a residence in their home country) |
