Ireland, the US & the E-3 Visa
Ireland, the US & the E-3 Visa
Anthony Matthews
20 June 2024
Since my first trip to Dublin with Matthews and Carter Associates in 2016 there has been a constant demand from Irish lawyers looking to move to the US, in particular New York City. Although Irish firms often have an outpost in Manhattan, the draw of working for a ‘Big Law’ powerhouse has remained a huge draw.
As with most nations, the visa process for Irish nationals to work in the US can be difficult and rely on what are essentially lottery visas making it unattractive for US firms to hire internationally with countries where there is not a visa arrangement in place.
Over the last few years, there has been an increase in Australian nationals moving to law firms in the US, predominantly New York City, as the two countries have a visa arrangement known as the E-3 Visa.
What is the E-3 Visa?
The E-3 Visa came about as part of a 2005 trade agreement between the US and Australia. Essentially, Australia receives 10,500 skilled worker visas per annum but only take up around half. The proposal is that Irish nationals would take up the remainder of these visas, so around 5,000 per annum. The E-3 visa lasts two years but can be renewed indefinitely.
We already work with a number of clients in New York, Texas and California helping Australians make the move over on the E-3 visa so will be well placed to assist Irish lawyers, should this be approved.
Will this happen?
Recent history says don’t get your hopes up, however third time the charm! This is the third time that it has been proposed in the House of Representatives. The first failed in The Senate by one vote whilst the second didn’t come to fruition. Should the vote move through both houses before the election, one would expect Mr Biden to sign it very quickly considering his Irish heritage (not sure whether he’s mentioned this before!) and appealing to Irish American voters.
Who will be eligible?
The current rules are that if you have a university degree, are an Australian citizen and have a job offer in place, you are eligible for an E-3 Visa. It would be expected that this would also apply to Irish citizens.
It will be interesting to see what the perimeters would be. Should the visa become available to Irish citizens i.e not just citizens born on the island of Ireland, then this could also open up the visa for all lawyers who hold an Irish passport/citizenship. There are estimates that at least 160,000 British nationals hold an Irish passport (including the writer of this article) so it could open up routes for lawyers from the UK to also work in the US.
What else will I have to do to practice in the US?
To practice in a state in the US you will need to sit the bar. Most firms will hire you as a law clerk with the expectation that you will sit the bar as soon as possible. In New York this would be February or July. Firms will often cover the cost of the bar exam and give you study leave to complete the exam. The bar exam is difficult and is mandatory if you want to practice in the US.
What next?
Should this look likely to happen, we will be heading stateside to meet with clients who already hire Australians on the E-3 Visa to secure their commitment to hiring Irish nationals. Following this, we will visit Dublin and start briefing lawyers on live roles in the US as well as meeting with lawyers in London who hold Irish citizenship.
Since my first trip to Dublin with Matthews and Carter Associates in 2016 there has been a constant demand from Irish lawyers looking to move to the US, in particular New York City. Although Irish firms often have an outpost in Manhattan, the draw of working for a ‘Big Law’ powerhouse has remained a huge draw.
As with most nations, the visa process for Irish nationals to work in the US can be difficult and rely on what are essentially lottery visas making it unattractive for US firms to hire internationally with countries where there is not a visa arrangement in place.
Over the last few years, there has been an increase in Australian nationals moving to law firms in the US, predominantly New York City, as the two countries have a visa arrangement known as the E-3 Visa.
What is the E-3 Visa?
The E-3 Visa came about as part of a 2005 trade agreement between the US and Australia. Essentially, Australia receives 10,500 skilled worker visas per annum but only take up around half. The proposal is that Irish nationals would take up the remainder of these visas, so around 5,000 per annum. The E-3 visa lasts two years but can be renewed indefinitely.
We already work with a number of clients in New York, Texas and California helping Australians make the move over on the E-3 visa so will be well placed to assist Irish lawyers, should this be approved.
Will this happen?
Recent history says don’t get your hopes up, however third time the charm! This is the third time that it has been proposed in the House of Representatives. The first failed in The Senate by one vote whilst the second didn’t come to fruition. Should the vote move through both houses before the election, one would expect Mr Biden to sign it very quickly considering his Irish heritage (not sure whether he’s mentioned this before!) and appealing to Irish American voters.
Who will be eligible?
The current rules are that if you have a university degree, are an Australian citizen and have a job offer in place, you are eligible for an E-3 Visa. It would be expected that this would also apply to Irish citizens.
It will be interesting to see what the perimeters would be. Should the visa become available to Irish citizens i.e not just citizens born on the island of Ireland, then this could also open up the visa for all lawyers who hold an Irish passport/citizenship. There are estimates that at least 160,000 British nationals hold an Irish passport (including the writer of this article) so it could open up routes for lawyers from the UK to also work in the US.
What else will I have to do to practice in the US?
To practice in a state in the US you will need to sit the bar. Most firms will hire you as a law clerk with the expectation that you will sit the bar as soon as possible. In New York this would be February or July. Firms will often cover the cost of the bar exam and give you study leave to complete the exam. The bar exam is difficult and is mandatory if you want to practice in the US.
What next?
Should this look likely to happen, we will be heading stateside to meet with clients who already hire Australians on the E-3 Visa to secure their commitment to hiring Irish nationals. Following this, we will visit Dublin and start briefing lawyers on live roles in the US as well as meeting with lawyers in London who hold Irish citizenship.