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E-3 (Australian Specialty Occupation Workers)

 

Work Authorization
  • Work only in the authorized place of employment and for the period approved on your Labor Condition Application (LCA). If your job ends sooner than the LCA end date, your status ends on the same day. See Grace Periods below.
  • Have the department notify OIS if significant change in duties, responsibilities, salary or work site is expected during your authorized employment. An amended petition may be necessary.
  • Do not accept additional employment or work at an additional location without consulting with OIS in advance. You can have more than one sponsor, but this requires a separate filing by the new employer.

 

Immigration Documents
  • Maintain a valid passport at all times, valid for at least six months into the future.
  • Retain copies of all immigration documents including: current and expired passports, Forms I-797, I-94, etc. The I-797 approval notice is your property (if applicable); there is a fee to request a duplicate I-797 approval, if lost.
  • I-94: Always review and save your new I-94 after reentry at: www.cbp.gov/I94. Form I-94 must indicate "Admitted as: E-3" and “Admitted until date” matching your Labor Conditions Application, or an additional 10 days. If your I-94 indicates any other expiration date, contact OIS.

 

Renewals and Validity Period
  • Your department will need to initiate the E-3 extension process up to 6 months prior to your E-3 expiry date. Keep in mind that E-3 status can be extended indefinitely in two year increments.

 

Intent
  • E-3 status is a non-immigrant status, which means your intent to remain in the United States is temporary. If your department is interested in sponsoring you for permanent residency, contact OIS to discuss possible options. You may also consult our “Use of Attorneys Policy” and “UIC Sponsorship of Permanent Immigrant Visas” information.

 

E-3Ds
  • E-3D Dependents are not automatically eligible to work, or volunteer to work. After entry into the U.S., E-3 spouses may file a USCIS Form I-765 for an Employment Authorization Document and may work, paid or unpaid, upon receipt of that card. They may attend school. They have the same travel requirements as E-3 workers.

 

Address Changes

 

Taxes
  • Individuals in E-3 status are required to file both state and federal taxes.

 

Travel
  • You should carry your certified Labor Condition Application, recent pay statements, original I-797 approval notice (if applicable), and a letter from your department verifying your continued employment. Remember travel with Automatic Visa Revalidation (AVR) only applies to travel to Canada or Mexico. Please see the Travel and Visa information for additional travel details.

 

Grace Periods
  • You have a 10-day grace period after the end date of your LCA (or I-797 approval notice, if applicable). You may not work during this period; it is time to prepare to leave the U.S., change status, etc.
  • If your department ends your employment before the requested end date, as above, you have 60 days to remain in the country and have a new sponsor file a petition for you. See “portability” below.

 

Portability
  • It is possible to “port”/“transfer” your E-3 status to another employer; the new employer will file a Form I-129 on your behalf. Employment should be continuous from UIC to the next employer. If your department ends your employment early, you may have up to 60 days to remain in the country and seek other employment. You may not work or volunteer during the transitional time. Your future E-3 sponsor will notify you when you may begin your new employment.

 

Departure
  • You must submit a Departure Verification Form upon completion of employment. This form is required regardless of your departure reason: leaving the U.S., changing employers, or changing immigration status.

 

Unlawful Presence
  • This occurs when you stay beyond the ending date of your I-94 or upon determination by Department of Homeland Security. Consequences include a 3-year bar from reentering the U.S. if you have stayed unlawfully in the U.S. for 180 days or more, and a 10-year bar if you remain unlawfully in the U.S. for 360 days or more. Violation of your E-3 status makes you ineligible for any immigration benefits. This does not apply if a timely, non-frivolous petition to extend your stay has been received by the USCIS prior to the end date of your I-94.