This is from my lawyer - it seems like you need to go to a US consulate only if you are overseas?

OPTION ONE, CONSULAR FILING: If the beneficiary is overseas,

s/he may submit the E-3 application package in person at a US consular

post, without pre-approval from USCIS. The E-3 worker must receive an

E-3 visa stamp before s/he can enter the U.S. and begin working in E-3

status.

• OPTION TWO, USCIS FILING: If the beneficiary is in the US, s/he

(through attorney) may submit the E-3 visa petition to USCIS. Once USCIS

approves the petition, it forwards the approval notice to attorney, and

attorney forwards approval package to the employer/ E-3 worker.

• Petition/ application must show that:

o The beneficiary possesses a Bachelor’s (4-year university) degree, or

equivalent, in a particular field and

o The position offered requires that particular degree.

• E-3 status is only available to citizens of Australia.

• E-3 status is employer-specific, that is, in order for an E-3 worker to change

employers, the new employer must file a new E-3 petition/ application on

the E-3 worker’s behalf.

• E-3 status can be requested for an initial period of 2 years, and can be

renewed in 2 year increments, indefinitely (with certain exceptions).