E-3 Employees

E-3 status permits a US employer to temporarily employ Australian nationals in a specialty occupation. A specialty occupation is defined as requiring the theoretical and practical application of a body of highly specialized knowledge in a field of study.

To qualify for E-3 sponsorship, a position must require at least a bachelor's or higher degree in specific field(s) of study. E-3 work authorization is employer and employment specific. As such, an individual in the US in E-3 status is only authorized to work for their sponsoring employer.

The information provided below applies to both initial applications to obtain E-3 status, as well as extending your current E-3 status.

E-3 Processing when outside the US

After your hiring department submits a complete E-3 request in Sunapsis, OIS will prepare a Labor Condition Application (LCA) that must be certified by the US Department of Labor. After certification, OIS will provide a copy of the certified LCA and advise you on the other documentation that will be required to apply for an E-3 visa at the US embassy or consulate.

After obtaining the E-3 visa, you may enter the US no more than 10 days prior to the start date listed on the LCA.

On average, this process takes 1 month after OIS receives a complete request.

E-3 Processing from within the US

If you are currently in the US, OIS must file a petition with US Citizenship and Immigration Services (USCIS) and secure an approval before employment may begin. To initiate this process, the hiring department must submit a complete E-3 request in Sunapsis.

On average, this process takes 3 months after OIS receives a complete request.

• E-3 status is employer and employment specific. Consult OIS prior to any changes in your UMB employment. Examples of changes that must be authorized include:
• Title
• Number of hours worked
• Department
• Location
• Position duties
• Generally, E-3 employees may not accept honoraria or payment from outside sources.

E-3 status may be granted for up to 2 years at a time. There is no maximum number of extensions, however the individual must maintain intent to return to their home country.

Prior to departing the US, please complete the International Travel Reporting e-form in Sunapsis and schedule an online advising appointment.

Required documents to re-enter the United States:

• A valid passport
• A valid E-3 visa stamp
• Labor Condition Application (LCA) used to obtain E-3 status
• Evidence of continued employment (i.e., three most recent paycheck stubs, a letter from your employing department)
• If UMB filed an E-3 petition for you with USCIS:
  • A valid E-3 approval notice, i.e. the original lower portion of the I-797 approval notice and a copy of the upper portion.
  • A copy of the entire petition. If you have not received a copy, please ask for one from OIS.

You may sponsor your spouse and unmarried children under age 21 as E-3 dependents.

Spouses of E-3 visa holders are authorized to work in the US. Review details on the USCIS website. Children of E-3 workers may not be employed in the United States.

E-3 dependents (spouses and children) may study full-time or part-time.