E-3D eligibility
Obtaining E-3D status
E-3D extensions
Employment permitted for E-3D spouses
Study permitted for E-3D dependents
E-3D eligibility [top]
Unmarried
children under 21 years of age and spouses of E-3 employees are
eligible for E-3D dependent status. Once an E-3D child turns 21, he/she
can no longer stay in the U.S. as an E-3D dependent. In order to remain
in the U.S., he/she must change to another nonimmigrant visa status
(e.g. F-1 student, B-2 visitor).
Eligible family members do not need to be Australian citizens to qualify for E-3D status.
Obtaining E-3D status [top]
Dependents have 2 options for initially obtaining E-3D status:
OPTION 1: Enter the U.S. in E-3D status
E-3D dependents do not need to file any prior applications before applying
for E-3D visas or applying for entry at a U.S. port of entry. They may apply for their E-3D
visas at the same time the E-3 principal applies for his/her E-3 visa. If they are
applying for E-3D visas after the E-3 employee has received an E-3 visa or E-3
petition approval, they should present evidence of this (i.e. a copy of the employee's E-3 entry visa or a copy of the E-3 approval
notice) when applying for their visas and/or to enter the U.S. in E-3D
status.
Dependents should review "Option 1: Enter the U.S. in E-3D status" for more details on obtaining E-3D status by entering the U.S. from abroad.
After
E-3D dependents arrive in the U.S., UH departments should send copies of
the following documents to FSIS so we can update our records and check
that they were properly admitted to the U.S.:
- Copies of each dependent’s passport biodata/expiration page
- Copies of both sides of each E-3D dependent’s I-94 card or I-94 printout from CBP's I-94 website
- Copies of each dependent's admission stamp with notations in passport
- Copies of each dependent’s E-3D visa in passport (if applicable)
OPTION 2: Apply for a change of status to E-3D while in the U.S.
If
UH is filing a petition for a change of status to E-3 on behalf of an
employee, departments should be sure to ask the employee if he/she has any
dependent family members in the U.S. who need to change to E-3D status.
Dependents must file Form I-539 to change their status to E-3D if they are in the U.S.
If
dependents need to change their status to E-3D, Form I-539 should be
concurrently filed with the employee's E-3 change of status petition.
After the dependents complete the I-539, they should attach the required
items and send the entire packet to the UH department so it can be
submitted to FSIS with the E-3 request. See "Option 2: Apply for a change of status to E-3D while in the U.S." for more details.
If
the spouse and/or children is/are currently outside the U.S. and will
enter the U.S. in E-3D status, he/she/they do not need to file Form
I-539. Instead, they should review "Option 1: Enter the U.S. in E-3D status" for more details on obtaining E-3D status by entering the U.S. from abroad.
E-3D extensions [top]
Dependents have 2 options for extending their E-3D status:
OPTION 1: Reenter the U.S. in E-3D status
If
dependents are outside the U.S. when their E-3D status eligibility expires, they
can reenter the U.S. with the necessary documents to obtain a longer E-3D
period. Dependents should review "Option 1: Reenter the U.S. in E-3D status" for more details on visa application and entry procedures.
After E-3D dependents reenter the U.S.,
please send copies of the following documents to FSIS so we can update
our records and check that they were properly admitted to the U.S.:
- Copies of each E-3D dependent’s passport biodata/expiration page (if passport is new/renewed)
- Copies of both sides of each E-3D dependent’s new I-94 card or I-94 printout from CBP's I-94 website
- Copies of each dependent's admission stamp with notations in passport
- Copies of each dependent’s E-3D visa in passport (if applicable)
OPTION 2: Apply for an E-3D extension while in the U.S.
Dependents who are in the U.S. and have no plans to travel abroad when their E-3D status is going to expire can file Form I-539 concurrently with
the E-3 extension petition to apply for E-3D extensions without leaving
the U.S. E-3D dependents filing Form I-539 can request the same extension
period being requested on the E-3 extension petition. Once the dependents complete the I-539, they should
send it with all required supporting documents to the UH department so
it can be submitted to FSIS with the
E-3 request.
Dependents should review "Option 2: Apply for an E-3D extension while in the U.S." for more details.
If
the spouse and/or children is/are outside the U.S. when their E-3D eligibility period ends and will
enter the U.S. in E-3D status, he/she/they do not need to file Form
I-539. Instead, they should review "Option 1: Reenter the U.S. in E-3D status" for more details on obtaining E-3D status by entering the U.S. from abroad.
Employment permitted for E-3D spouses [top]
E-3D spouses may apply for employment authorization by filing Form I-765
with USCIS after arriving in the U.S. in E-3D status. A spouse may
begin working once his/her I-765 is approved and he/she receives an
Employment Authorization Document (EAD).
E-3D children, however, are not eligible for employment. An E-3D child may
change to another immigration status that permits employment if he/she
qualifies for such status.
Study permitted for E-3D dependents [top]
E-3D dependents may study in the U.S. on either a full or part time basis.
However, the duration of their study depends on the E-3’s period of
stay.
