E-3 Australian Workers
E-3 status is used for Australian nationals who will perform services in a specialty occupation on a temporary basis. At Emory, it can be used to bring faculty, researchers or other highly specialized professionals to the US. The E-3 is a temporary nonimmigrant status. Therefore, the E-3 employee must be coming to fill a position temporarily, although the position itself may or may not be temporary.
Resources
E-3 Status and Specialty Occupations
- To qualify as a "specialty occupation," the position must meet the following requirements:
- A bachelor's or higher degree in a specified field is normally required.
- The job duties require specialized and complex knowledge.
- To qualify for E-3 status, the international employee must already have the degree, certificate or license that enables them to practice their profession in the state of Georgia, if applicable.
- Emory does not sponsor part-time E-3, as the rules are different and require a great deal of documentation by the hiring department. Also, there is a greater audit risk with part-time E-3s.
Length of Stay
The employer may request a period of two years at a time.
E-3s may enter the US up to 10 days prior to the start date on the LCA. The E-3 status end date will be either the LCA end date or the I-94 end date, whichever is earlier. E-3s should check the I-94 each time they enter the US.”
Dependents
E-3 employees can bring their spouse or unmarried children under the age of 21 with them to the United States as E-3 dependents.
Spouses of E-3 workers are eligible for full or part-time employment. Dependents spouses in valid E-3 or E-3S status are considered employment authorized incident to status, but they may apply for an Employment Authorization Document Card (EAD) if their I-94 is not properly endorsed. If an E-3 spouses plans to request an EAD, they will need to submit form I-765 to USCIS.
For more information, please visit ISSS' Bringing Family page.
Request Process Overview
The E-3 request involves three steps:
- The E-3 wage analysis
- Filing a Labor Condition Application (LCA)
- Apply for E-3 visa (if abroad); or filing an E-3 petition with USCIS (if inside US)
The process begins with an analysis of the wage requirements and then submission of the Labor Condition Application (LCA) to the US Department of Labor (DOL).
Once the LCA has been certified, the final step will depend on whether the individual is currently outside or inside the US:
- To acquire E-3 status from abroad, no I-129 petition needs to be filed with USCIS. Instead, the future employee may apply for an E-3 visa by presenting the certified LCA and other required documents to a US consular officer. They may then travel to the US to obtain E-3 status.
- To acquire E-3 status from within the US, ISSS will prepare the E-3 petition for filing with United States Citizenship and Immigration Services (USCIS).
Once the department administrator, supervisor and future employee submit a complete E-3 request in ISSS Link, the assigned ISSS advisor will complete an initial comprehensive case analysis within 5-10 business days. The advisor will contact the department with detailed information about the next steps. Note: The request process is the same for initial requests, extensions and amendments (employment changes), and government processing times vary per agency.
Maintaining E-3 Status
E-3 employees have several immigration responsibilities, including reporting any changes in their employment, keeping their local address updated with USCIS and more. For information, please visit ISSS' Maintenance of International Scholar Status page.