E-3 is a nonimmigrant status for Australian citizens coming to temporarily work in the US in specialty occupations.
A specialty occupation requires specialized knowledge and at least a bachelor’s degree in a relevant field.
E-3 status can be initially valid for up to 2 years and is extendable in 2-year increments.
Contact ICS at HR-ICS@ufl.edu for additional questions.
E-3 status is available to eligible Australian international employees in specialty occupations requiring a bachelor’s or higher-level degree.
No minimum FTE required for E-3 sponsorship.
Positions that don’t qualify for E-3 sponsorship include:
E-3 status can be obtained without filing a petition with USCIS. No USCIS filing fees.
The international employee applies for the E-3 visa stamp at a US Consulate/Embassy abroad with the support letter, LCA, and other required documents. They enter the US as early as 10 days before the start date.
Changing to E-3 within the US is possible but not recommended due to no Premium Processing option. The employee can work once approval is received.
Employees under another status (e.g., J-1 or F-1 OPT) can work under that status until E-3 is approved or the other status ends.
If the international employee is subject to the Two-Year Home Residency Requirement, they must obtain a waiver.
E-3 status can be extended in 2-year increments with no maximum limits. File for an extension up to 6 months before expiration.
Consult with ICS before changing any terms of E-3 employment. If an amendment is required, work can begin once submitted to USCIS and the start date has passed.
To hire someone already in E-3 status, file a change of employer petition with USCIS.
There’s a 60-day grace period for those terminated before E-3 expires, allowing time to extend, change status, or prepare to depart the US.
The department will be responsible for gathering all the information and documentation and initiating the case in the Fragomen Connect Portal.
ICS will perform a review of the information and documentation provided. We will reach out to the department with any questions. Once the application is complete, ICS approves and submits the questionnaire to Fragomen.
The Department of Labor (DOL) regulations require UF to pay an international employee the Prevailing Wage or Actual wage, whichever one is the higher salary. UF uses various wage sources depending on the specifics of each case. Most common is the Prevailing Wage Determination that is submitted with the Department of Labor (DOL PWD), and Occupational Employment Statistic wage (OES PWD).
For Change of Status, Change of Employer and Consular Processing cases that have start dates less than 8 months from the time of case initiation may be required to complete the Non-Certified PW Acknowledgment Form, also known as the OES Memo.
In conjunction with Fragomen, ICS will post the “Notice of Filing of a Labor Condition Application”. The LCA must be posted for 10 consecutive business days (excluding weekends, holidays, or days UF is closed)
ICS will provide the Posting Notice to the Department to physically post at any non-UF sites. The Department will have to provide a copy of the posting to ICS after the posting period.
This step may take longer since Fragomen does prepare applications based on start date/expiration date.
Once ICS verifies the Notice of Filing was posted, Fragomen will submit the LCA to the Department of Labor for official certification.
Once the LCA is certified, Fragomen will prepare the USCIS filing to Petition for a Nonimmigrant Worker and supporting documents.
If filing with USCIS, ICS reviews and signs the petition and returns to Fragomen for filing. If consulate processing, ICS notifies the department to pick up the original LCA and forwards the support letter to them for signature and to provide to the international employee.
The current processing times for E-3 petitions 8 to 12 months. USCIS does post processing time information on their website, but that may not always be the most up to date information. E-3 petitions are not eligible to be filed under the Premium Processing service.
Consulate Processing
The current processing times for E-3 petitions will vary.
Each US Consulate/Embassy has their own set of requirements for processing a non-immigrant visa application. All non-immigrant visa applicants will need to complete Form DS-160, the online application for a nonimmigrant visa).
Please go to the respective U.S. Consulate/Embassy’s website for information on the requirements. Make sure to follow all of the instructions.
The international employee may need to provide the following documentary evidence with their application for an E-3 Visa:
This MUST be provided for the return of the international employee’s passport and U.S. visa. Paper envelopes from Australia Post, and envelopes/satchels from courier services/companies other than Australia Post will not be accepted. It is suggested that the international employee take a photo with their phone of the tracking number on the prepaid satchel for any future inquiries and for their records.
The original approval notices are sent from USCIS to Fragomen. Fragomen notifies ICS when they receive the notice as well as forwarding the original notice to our office. Once ICS receives the approval notices, we email the department with information on collecting the original notice.
Consulate Processing
It is up to the discretion of the consular officer whether to approve the E-3 visa or not. If approved, the international employee’s passport will be returned to them by the US Consular/Embassy with a E-3 visa stamp.
The international employee will not be in valid E-3 status until entering the US and presenting their passport containing the E-3 visa stamp. International employees may enter the US as early as 10 days prior to the approved start date.
Fragomen can advance the filing fees for a department with an additional $100 processing fee. For detailed fee information, refer to the ICS Fees and Rush Chart.
There is no maximum amount of time an international employee can be in E-3 status. E-3 status is initially valid for up to 2 years and can be extended in up to 2-year increments.
Change of Status inside the US: The international employee can begin working on E-3 status once the department has the approval notice and the start date has occurred. If they are currently working at UF under another status (J-1 or F-1 OPT), they can continue to work under that status until the E-3 status is approved or until that other status ends, whichever occurs FIRST.
Change of Employer inside the US: UF must file a petition for a change of employer with USCIS. The international employee can begin working at UF once the department has the approval notice in hand and the start date as occurred.
Amendment inside the US: If the international employee is changing employment conditions, they may begin work once Fragomen submits the petition to USCIS, and the requested start date has occurred.
If the international employee has a material change in job responsibilities or a change in job location outside of their geographical area, UF will need to file an amended E-3 petition on their behalf. Any change in job location or job duties should be brought to the attention of their department liaison before accepting the change in employment. The amendment will need to be filed with USCIS or processed through the international employee’s home country before any changes in their employment. If processed inside the US, the international employee can begin the new working conditions once the petition is submitted to USCIS and the requested start date has occurred.
E-3 extensions can be filed with USCIS up to 6 months before the expiration date of the current E-3 status. If an extension application is filed before the current authorized stay expires, the international employee may be eligible for continuous work authorization for up to 240 days while the application is pending.
If an extension application is filed before the current authorized stay expires, the international employee may be eligible for continuous work authorization for up to 240 days while the application is pending.
Check the case status using USCIS’s online Case Status tool. Case Status Online
Once USCIS approves the international employee’s petition, they will forward the I-797 Approval Notice to Fragomen. Please note that it can take several days to weeks for USCIS to mail the approval notice to Fragomen. Once Fragomen receives the approval notice, they will prepare an approval packet and send it to ICS via FedEx. Once received, ICS will notify the department to pick up the original approval notice. The department will then forward the approval notice to the international employee.
Request the checks no earlier than 6 months before the desired start date, as checks are only valid for 6 months.
The filing fee checks should be made payable to U.S. Department of Homeland Security Citizenship and Immigration Services.
After the current E-3 expiration date, the international employee can only travel abroad and re-enter the U.S. after they receive the E-3 extension approval notice. UF may file the E-3 Extension under Regular Filing because premium processing is not needed for extension cases. The international employee can continue employment for up to 240 days while their extension petition is pending. It takes at least 8 months for Fragomen to receive the approval notice from USCIS under regular processing. In addition, the E-3 Petition can be filed no earlier than 6 months before the requested start date.
There is a possibility of upgrading the petition to include Premium Processing. The department must pay this fee ($2,500) if it is needed for employment purposes, such as work-related travel. Otherwise, the international employee can pay this fee for personal reasons. There would be legal fees for upgrading the petition as well.
An E-3 employee is not permitted to accept payment for any activity or services rendered outside of the approved E-3 employment. They are permitted to receive reimbursement for travel expenses and living expenses associated with an activity. The international employee should keep a list detailing the expenses and how the money was applied in case they must prove that 100% of the funds went towards travel and associated expenses related to this outside activity.
Yes, an international employee can apply for permanent residency while on E-3, as E-3 allows for dual intent.
Yes, E-3 dependents (spouses) may apply for work authorization by filing Form I-765, Application for Employment Authorization, with USCIS. Once approved, they can work for any employer in the U.S.
Yes, E-3 dependents can volunteer in the U.S., provided that the activity does not constitute employment and they are not compensated for their services.
Yes, E-3 dependents can attend school in the U.S.
An unmarried child can be in E-3D status as long as they are under 21 and their parent maintains E-3 status.