Visa Office Clarifies E-3 Visa Eligibility of Aliens Subject to INA § 212(e)

The AILA-DOS Liaison Committee has obtained a recent Visa Office advisory opinion confirming that aliens are admissible as E-3 workers, despite being otherwise subject to the two-year home country residency requirement under INA § 212(e).

The Advisory Opinion states:

After consulting with the Department of Homeland Security, our office has confirmed that the ineligibility of section 212(e) of the Immigration and Nationality Act does not apply to the E-3 visa category. Please note that the 212(e) provision is not waived at this time, and that this ineligibility remains in place until the applicant in this case receives a waiver or completes the 2 years of residence in the appropriate country.