E-3
VS
H-2A
Type
Nonimmigrant visa
Nonimmigrant visa
Description
Specialty Occupation Professionals from Australia
Temporary Agricultural Workers
Profiles that typically qualify
Accountants, Computer analysts, Graphic designers, Pharmacists, Physical therapists, Engineers, Teachers, Lawyers, Environmental scientists
Agricultural workers, Seasonal farm workers, Horticultural employees, Forestry workers, Dairy farm workers, Orchard workers
Requirements
You must be a citizen of Australia.
You must hold a 4-year bachelor's degree or equivalent work experience (three years of professional experience for each missing year of formal education).
The job must be a specialty occupation, requiring specialized knowledge typically obtained through a bachelor's degree or higher. This includes roles in fields like engineering, mathematics, and technology, where the complexity of the tasks necessitates advanced education.
The employer must pay at least the prevailing wage for the position — a rate set by the U.S. Department of Labor based on the occupation, work location, and level of experience. This wage is not flexible and must be met at a minimum.
The employment must be of a temporary or seasonal nature.
Employers must prove there are no available U.S. workers who are willing, qualified, and able to perform the temporary work.
Employers must certify that hiring H-2A workers will not adversely impact the wages and working conditions of similarly employed U.S. workers.
Pros
Easy renewal process with the option to extend stay.
Far less competitive than the H-1B visa, as it does not require an annual lottery.
Requires minimal applicant qualifications beyond a college degree or professional experience.
Provides a legal pathway for foreign agricultural workers to work in the U.S.
Addresses critical labor shortages in the agricultural sector.
Allows for seasonal employment flexibility, matching crop harvest cycles.
Cons
Requires employer sponsorship and a job offer in a specialty occupation.
Limited exclusively to agricultural work and subject to seasonal demands.
No pathway to permanent residency or long-term employment.
Spouses and dependents do not receive work authorization.
Employers must undergo a rigorous certification process.
Requires employer sponsorship and a specific job offer.
Sponsorship
Required
Required
Validity period
2 years
Duration of labor certification, up to 1 year, renewable twice in 1-year increments for a total of 3 years.
Renewable
Indefinitely, 2-year increments
Twice in 1-year increments for a total of 3 years.
Without premium processing
2-3 months
1-3 months1
With premium processing
No
15 business days
Can spouse work
Yes
No
Disclaimers
-
1Varies based on processing center workload and employer need; fee applicability uncertain.
Type
E-3
Nonimmigrant visa
H-2A
Nonimmigrant visa
Description
E-3
Specialty Occupation Professionals from Australia
H-2A
Temporary Agricultural Workers
Profiles that typically qualify
E-3
Accountants, Computer analysts, Graphic designers, Pharmacists, Physical therapists, Engineers, Teachers, Lawyers, Environmental scientists
H-2A
Agricultural workers, Seasonal farm workers, Horticultural employees, Forestry workers, Dairy farm workers, Orchard workers
Requirements
E-3
You must be a citizen of Australia.
You must hold a 4-year bachelor's degree or equivalent work experience (three years of professional experience for each missing year of formal education).
The job must be a specialty occupation, requiring specialized knowledge typically obtained through a bachelor's degree or higher. This includes roles in fields like engineering, mathematics, and technology, where the complexity of the tasks necessitates advanced education.
The employer must pay at least the prevailing wage for the position — a rate set by the U.S. Department of Labor based on the occupation, work location, and level of experience. This wage is not flexible and must be met at a minimum.
H-2A
The employment must be of a temporary or seasonal nature.
Employers must prove there are no available U.S. workers who are willing, qualified, and able to perform the temporary work.
Employers must certify that hiring H-2A workers will not adversely impact the wages and working conditions of similarly employed U.S. workers.
Pros
E-3
Easy renewal process with the option to extend stay.
Far less competitive than the H-1B visa, as it does not require an annual lottery.
Requires minimal applicant qualifications beyond a college degree or professional experience.
H-2A
Provides a legal pathway for foreign agricultural workers to work in the U.S.
Addresses critical labor shortages in the agricultural sector.
Allows for seasonal employment flexibility, matching crop harvest cycles.
Cons
E-3
Requires employer sponsorship and a job offer in a specialty occupation.
H-2A
Limited exclusively to agricultural work and subject to seasonal demands.
No pathway to permanent residency or long-term employment.
Spouses and dependents do not receive work authorization.
Employers must undergo a rigorous certification process.
Requires employer sponsorship and a specific job offer.
Sponsorship
E-3
Required
H-2A
Required
Validity period
E-3
2 years
H-2A
Duration of labor certification, up to 1 year, renewable twice in 1-year increments for a total of 3 years.
Renewable
E-3
Indefinitely, 2-year increments
H-2A
Twice in 1-year increments for a total of 3 years.
Without premium processing
E-3
2-3 months
H-2A
1-3 months1
With premium processing
E-3
No
H-2A
15 business days
Can spouse work
E-3
Yes
H-2A
No
Disclaimers
E-3
-
H-2A
1Varies based on processing center workload and employer need; fee applicability uncertain.