⚠️ Informational only. Immigration rules change. Consult a licensed attorney for your specific situation.
How to Choose: H-1B vs E-3
The E-3 visa is only available to Australian nationals — it's essentially H-1B with a separate 10,500 annual allocation that is almost never exhausted. This means Australian nationals can avoid the H-1B lottery entirely by applying under E-3. E-3 requirements are similar to H-1B: specialty occupation, qualifying degree, employer sponsorship, and LCA from the DOL. Unlike H-1B, E-3 is applied for at US consulates rather than via USCIS petition (for most applicants). E-3 can be renewed indefinitely in 2-year increments. The key disadvantage: E-3 does not support a green card path as clearly as H-1B — the dual intent issue is similar to TN. Australian nationals who want long-term US residence should consider H-1B (which explicitly allows dual intent) rather than or in addition to E-3. For near-term work authorization, E-3 is significantly simpler and more certain for Australians than gambling on the H-1B lottery.
H-1B
Visa TypeNonimmigrant
Duration3 yrs (extendable to 6)
SponsorshipRequired
Annual CapYes (85,000/yr lottery)
Green Card PathGreen card possible
Premium ProcessingYes ($2,965)
Wage RequirementPrevailing wage required
E-3
Visa TypeNonimmigrant
Duration2 yrs (renewable)
SponsorshipRequired
Annual Cap10,500/yr (rarely hit)
Green Card PathLimited path
Premium ProcessingNo
Wage RequirementPrevailing wage required
Approval Rate Comparison
H-1B Approval History
| Year | Petitions | Approval Rate |
|---|
| 2024 | 320,000 | 8500.0% |
| 2024 | 460,000 | 9300.0% |
| 2024 | 780,000 | 1090.0% |
E-3 Approval History
| Year | Petitions | Approval Rate |
|---|
| 2024 | 12,341 | 9198.0% |
| 2023 | 11,234 | 9198.0% |
| 2022 | 10,234 | 9198.0% |
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Some data on this page may be outdated. We're working on refreshing it. For the latest official figures, check the
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Frequently Asked Questions
What is the main difference between H-1B and E-3?
H-1B is Nonimmigrant while E-3 is Nonimmigrant. H-1B requires required, while E-3 requires required. Duration: H-1B lasts 3 yrs (extendable to 6) vs E-3 lasting 2 yrs (renewable).
Can I switch from H-1B to E-3?
Switching between visa types typically requires filing a new petition or change-of-status application with USCIS. Each situation is different. Consult an immigration attorney to evaluate your specific circumstances.
Which is better for a green card — H-1B or E-3?
Limited path has different green card implications. Green card possible is a nonimmigrant path that may lead to a green card. Your best path depends on your qualifications, nationality, and employer situation.