California
E-3 visa lawyer for Australians in California.
E-3 visa lawyer for Australians in California. Federal immigration counsel based in Los Angeles. Not admitted in California, and no California office.
By Kelvin Tran · Admitted in New York and Victoria, Australia
This page is for Australians whose job, or whose plan, is in Los Angeles, the Bay Area, or San Diego. The E-3 is a federal visa. USCIS limits it to nationals of Australia coming to perform services in a specialty occupation. A California worksite does not make the E-3 a matter of California state law, and the federal visa does not require a lawyer admitted in California. The full map of the visa is the E-3 visa guide. How it compares with the H-1B is in E-3 visa vs H-1B.
Sectors, in general terms
Jobs in Los Angeles, the Bay Area, and San Diego sit in many sectors. Technology, entertainment, life sciences, and finance are examples, not a finding from the DOL file and not a list of employers. Nothing here says that a particular company sponsors E-3s, or that a particular title is a specialty occupation. Whether the role qualifies is covered in specialty occupation.
Some occupations also need a license or other official permission before the person can start work. USCIS says so on the E-3 page. Whether a given California job needs a state license is California state law. This practice does not advise on that.
The LCA follows the California worksite
The employer files the Labor Condition Application for the place of employment. USCIS asks for an LCA that supports the E-3, and for the worker to be paid the higher of the actual wage or the prevailing wage. A wage figure for one city is not a wage figure for another. How that system works is in the LCA guide. Employers preparing a California filing can also read the employer package.
The only California numbers on this page come from the firm's note on the Department of Labor's
FY2026 third-quarter disclosure,
The Q3 filing drop was a mix shift, not a wage reset.
In that quarter, New York, California, and Texas were 65.41% of E-3 LCA filings:
734, 536, and 205. San Francisco was
153. Los Angeles was 55. California's median offered wage in those
filings rose from $165,797 to $172,453, while the state's filing count
slipped from 548 to 536.
Those are offered wages in public LCA filings. They are not prevailing-wage levels and not visa approvals. The note does not, in the lines cited here, give a separate San Diego count. Do not read a missing city line as a finding that San Diego had no filings.
Change of status, or a visa interview
There are two federal paths, and they are not interchangeable.
If you are already in the United States in another status, USCIS uses
Form I-129 to request a change of status to E-3 or an extension of stay. The same
USCIS page says a change of employer also needs a certified LCA and an approved
Form I-129 before you are authorised to work for the new employer. How the choice depends on the status
you hold now is in
E-3 change of status from inside the US.
If you are applying from Australia, the visa is a consular application. Nonimmigrant interviews for Australia are at the U.S. Consulates in Sydney, Melbourne, and Perth. The steps are in the E-3 visa application process. A job in California does not move that interview to a consulate in California.
Spouse and children
USCIS says an E-3 worker's spouse and unmarried children under 21 are entitled to dependent E-3
classification. Children may not work. Spouses in valid E-3 or E-3S status are employment
authorized incident to status. An unexpired Form I-94 with the E-3S notation is List C
evidence of that authorization for Form I-9. An employment authorization document is
optional. Spouses are not required to file Form I-765. The longer account, including
the marriage requirement and the older I-94 codes, is
E-3D dependent status. Living in California does not change
those federal rules.
Pacific Time evenings
Consultations are scheduled for Pacific Time evenings. That is daytime in Sydney and Melbourne, so
you do not need to be in California to have the conversation. The paid consultation is one hour,
A$300, paid when you book. It is legal advice on the facts you bring. It is
not an engagement to file the case. The free 15-minute call is general information, not legal
advice. Fees for the application itself are on the pricing page.
Common questions
Can a lawyer who is not admitted in California handle an E-3 for a California job?
Yes, for the federal visa. US immigration law is federal. Kelvin Tran is admitted in New York and in Victoria, Australia. He is not admitted in California and does not advise on California state law. The practice is limited to federal immigration law before USCIS, EOIR, and DHS. E-3 Pathway has no California office and publishes no street address.
Does the E-3 change because the job is in California?
No. The E-3 is a federal classification for Australian nationals coming to work in a specialty occupation. USCIS requires a certified Labor Condition Application and payment of the higher of the actual wage or the prevailing wage for the job. The worksite, including a California city, is part of that LCA. It does not create a separate California visa.
What did public E-3 LCA filings show for California?
In E-3 Pathway's note on the Department of Labor FY2026 Q3 disclosure, California accounted for 536 E-3 LCA filings, after 548 the quarter before. San Francisco was 153 filings and Los Angeles was 55. California's median offered wage in those filings rose from $165,797 to $172,453. Those figures are DOL filings, not visa approvals.
Can an E-3 spouse work in California?
USCIS says the spouse and unmarried children under 21 of an E-3 worker may have dependent E-3 classification. Children may not work. Spouses in valid E-3 or E-3S status are employment authorized incident to status. An unexpired Form I-94 noted E-3S is evidence of that authorization. A California worksite does not change that federal rule.
Can we speak while I am still in Australia?
Yes. Consultations are scheduled for Pacific Time evenings, which is daytime in eastern Australia. The free 15-minute call is general information, not legal advice. The paid hour is a legal consultation about your E-3 facts. Neither one is representation on the application.