USCIS Issues Guidance on E-3s
Posted Jan 20, 2006
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The U.S. Citizenship and Immigration Services (USCIS) issued guidance on procedures for changing to or extending E-3 status within the United States. E-3 status is available for nationals of Australia who are working in a specialty occupation position. The guidance includes the procedure for filing, as well as the documents required by the USCIS. E-3 status is initially available for a two-year period, and extensions of stay can be granted indefinitely in two-year increments.
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Background on E-3s
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There is a 10,500 cap for new E-3 workers. New E-3 workers are those who are obtaining the status through initial entry to the U.S. in E-3 status, or through obtaining a change to E-3 status from another nonimmigrant status. E-3 spouses are eligible for work authorization, upon application. More information on E-3s is available in our September 9, 2005 MurthyBulletin article, DOS Issues E-3 Regulation : Australians Only, available on MurthyDotCom.
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Procedure and Documents
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All E-3 petitions for a change of status within the U.S. or extension of E-3 status will be filed with the Vermont Service Center. The petition must include proof of Australian nationality; a letter from the petitioner describing the occupation, anticipated length of stay, and salary; evidence that the beneficiary meets the educational requirements for the position to be filled; evidence that the beneficiary meets any licensing or other occupational requirements; and evidence that a labor condition application (LCA) was filed for the E-3 position. The USCIS filing fee for these petitions is $190. It should be noted that this petition is only for persons in the U.S. Individuals who are abroad can apply for an E-3 visa at the consulate using similar documentary evidence, but do not need an approved USCIS petition. The E-3 differs from the H1B in this fashion and is more similar to the R-1 or the blanket L-1 approval in not requiring prior E-3 petition approval.
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Conclusion
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The E-3 has been useful for Australians, particularly in light of the H1B cap. While the E-3 and H1B requirements largely overlap, the H1B cap has made the E-3 quite attractive to Australian nationals who qualify. The instructions regarding extending and changing to the E-3 status are appreciated, as it will avoid the need to process all E-3s from abroad when one is already present in the U.S. and can continue to remain here without requiring foreign travel.