Can an E-3 visa holder's spouse and children accompany him or her to the U.S.?

Yes. A spouse and unmarried children under twenty-one may accompany or later join an E-3 worker, and they take dependent E-3 status. The entitlement comes from the statute itself: section 101(a)(15)(E) of the Immigration and Nationality Act extends the classification to “the spouse and children” of the principal, accompanying or following to join. No separate quota, sponsorship or employer involvement is needed for them.

Their own nationality does not matter. Only the principal worker must be a national of Australia. Dependent eligibility flows from the family relationship rather than from citizenship, so a spouse or child of any nationality qualifies.

How dependents apply. Family members abroad apply at a U.S. consular post for dependent visas, presenting evidence of the relationship — a marriage certificate for a spouse, birth certificates for children — along with the principal’s E-3 documentation. Family members already in the United States in another status apply to USCIS to change to, or extend, dependent status. Either way the dependent’s authorized stay is tied to the principal’s: it is granted for the same period and it is extended alongside it.

The spouse may work; the children may not. INA 214(e)(2) directs that the spouse of a nonimmigrant admitted under section 101(a)(15)(E) be authorized to work, and USCIS treats E-3 spouses as employment authorized incident to status — no application is required. An unexpired Form I-94 bearing the E-3S admission code is itself acceptable evidence of employment authorization under List C of Form I-9. A spouse who wants a physical card may still file Form I-765 with the fee to obtain an Employment Authorization Document, but that is now optional rather than a precondition to working. The work is not confined to specialty occupation employment: a spouse may take any lawful job, with any employer, full time or part time. Dependent children, by contrast, may not be employed in the United States.

School is not a problem. The prohibition on enrolling in a course of study applies specifically to B-1 and B-2 visitors under 8 CFR 214.2(b)(7). Dependents in E-3 status are not covered by it, so children and spouses may attend school without first changing to student status.

Dependents do not consume quota numbers. INA 214(g)(11)(C) provides that the annual limit of 10,500 applies only to principal workers and not to their spouses or children. A large family therefore has no effect on the availability of numbers.

Where dependent status ends. Because it is derivative, dependent status is only as durable as the relationship and the principal’s own status. A child who turns twenty-one or marries is no longer a dependent, and there is no equivalent of the protection that shields aging-out children in the immigrant visa system. Divorce ends a spouse’s eligibility. And if the principal’s employment ends, the family’s status is exposed along with the worker’s, subject to the grace period of up to sixty days allowed by 8 CFR 214.1(l)(2). In each of these situations a different status has to be found and requested before the existing authorized stay runs out.

Related pages: work authorization for E-3 spouses, the requirements for an E-3 visa, renewals and extensions, and the annual quota. Questions about a particular family situation may be directed to the firm through its contact page.