Office of Faculty and Scholar Immigration Services

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E-3 Requests

STEP 1: Preparing the E-3 request

STEP 2: Completion of the E-3 entry/petition documents

STEP 3a: E-3 entry or

STEP 3b: E-3 petition adjudication & approval

STEP 1: Preparing the E-3 request [top]

Individuals may obtain E-3 status through (A) entry to the U.S. from abroad with an E-3 visa or (B) by USCIS petition approval while present in the U.S.

(A) E-3 entry requests: UH departments should submit these types of requests to FSIS through their respective colleges/schools no later than 3 months prior to the requested E-3 start date.

(B) E-3 petition requests: UH department should submit these types of requests to FSIS through their respective colleges/schools no later than 5 months prior to the requested E-3 start date. Premium Processing Service for E-3 petitions is not currently available.

Submitting a late request may result in an E-3 beneficiary being unable to start/continue employment on time and/or losing his/her legal immigration status in the U.S.

FIRST, the UH college/school/department must ensure it will pay the E-3 employee the required wage (i.e. the actual wage or the prevailing wage, whichever is higher). UH colleges/schools are prohibited from paying E-3 employees less than the actual wage or the prevailing wage. FSIS will not process an E-3 request if payment of the required wage cannot be verified.

Actual wage determination: To determine the actual wage, the college/school/department must complete the Actual Wage Calculation Form. This form, along with a completed Actual Wage Statement, must be sent with the E-3 request to FSIS.
Prevailing wage determination:
- Faculty positions: Since the UHPA collective bargaining agreement now contains minimum salary amounts, FSIS can rely upon the CBA as the prevailing wage source.
- APT positions: Since APT salaries are determined by a salary schedule, FSIS can rely upon the HGEA collective bargaining agreement as the prevailing wage source.

SECOND, the UH department obtains information from the employee. The department should complete/gather the following documents for the E-3 request:

E-3 Request Form
E-3 Information Form
Supporting documents (see checklist on E-3 Request Form)

THIRD, the department should forward the entire packet to the college/school/unit’s Administrative/Personnel Officer (AO/PO).

FOURTH, the AO/PO should review the request, attach any necessary documents, and send the complete request to FSIS, Attn: Signe, PSB 102-106. FSIS will review the request and may require additional/revised documentation.

IMPORTANT INFORMATION ABOUT PETITION REQUESTS:

UH can submit a petition to USCIS up to 6 months prior to the requested E-3 start date.
E-3 extensions, changes of status, changes of employment, and changes of employer must be received by USCIS no later than the business day on or before the employee’s current status end date.
Changes of status to E-3: If an employee travels abroad while his/her change of status petition is pending with USCIS, he/she will abandon the change of status. Therefore, UH should either file the petition after he/she returns to the U.S. OR file the petition early enough to obtain an approval before he/she leaves the U.S.
The department should ask the E-3 employee whether any family members will require an E-3D change of status or extension.
UH can request up to 2-year periods on E-3 petitions.
AOs/POs should consult with FSIS if any of the following situations apply:
- The foreign national is currently in F-1 status with a graduation date or F-1 status/OPT end date that will occur more than 60 days prior to the intended E-3 start date.
- The foreign national is currently in J-1 status with a program end date that will occur more than 30 days prior to the intended E-3 start date.
- The foreign national and/or his/her dependents currently are or previously were in J-1 or J-2 status, subject to the 2-year foreign residence requirement.

STEP 2: Completion of the E-3 entry/petition documents [top]

Once FSIS receives the request from the AO/PO, we will complete the following according to the type of E-3 request:

E-3 entry requests

Obtain a prevailing wage determination, if necessary
Forward labor condition application posting notices to the AO/PO (non-union positions only)
Send a notice of filing to the appropriate collective bargaining representative (union positions only)
File a Form ETA 9035 Labor Condition Application and receive approval from the U.S. Department of Labor

FSIS will send a copy of the certified LCA to the AO/PO for the E-3 beneficiary along with a memo containing information on visa application procedures.

E-3 petition requests

Obtain a prevailing wage determination, if necessary
Forward labor condition application posting notices to the AO/PO (non-union positions only)
Send a notice of filing to the appropriate collective bargaining representative (union positions only)
File a Form ETA 9035 Labor Condition Application and receive approval from the U.S. Department of Labor
Complete USCIS Form I-129, Petition for a Nonimmigrant Worker & H Supplements
Form I-907 Request for Premium Processing Service (if applicable)
Revised Form I-539 (if applicable)

FSIS will send the completed E-3 petition to the AO/PO along with a copy of the LCA for the E-3 beneficary and a memo regarding the current USCIS fee amounts* and proper USCIS mailing addresses.

* E-3 employees are prohibited from paying any of the fees associated with filing E-3 petitions. The UH college/school/unit/department is responsible for paying all E-3-related fees (excluding the Form I-539 filing fee for E-3D dependents).

STEP 3a: E-3 entry [top]

This information applies only to individuals acquiring E-3 status through entry to the U.S. Ignore this section if the person will obtain E-3 status by a petition filed with USCIS.

The UH department should provide the employee with the following items for his/her E-3 visa application:

Copy of the Labor Condition Application (LCA), certified by the U.S. Department of Labor
UH employment offer letter
UH position description as documentation that the position qualifies as specialty occupation employment

The E-3 employee should also review "(A) Enter the U.S. in E-3 status" for more information.

After the E-3 employee arrives in the U.S., UH departments should send the following items to FSIS:

Copy of both sides of the I-94 card (entry date stamp & notations must be clear)
Copy of E-3 visa in passport
Completed Contact Information Form

STEP 3b: E-3 petition adjudication & approval [top]

This information applies only to E-3 petitions filed with USCIS. Ignore this section if the person will obtain E-3 status by entering at a U.S. port of entry.

USCIS receipt

USCIS will mail a receipt notice to FSIS if the E-3 petition is properly and timely filed.

Petitions for change of status to E-3: If UH is filing a petition for a change of status to E-3 from another nonimmigrant status (e.g. F-1, J-1), the beneficiary should not leave the U.S. until the petition is approved by USCIS. If he/she leaves the U.S. while a change of status petition is pending with USCIS, the change of status will be considered abandoned. If an individual will need to travel abroad while his/her petition is pending, be sure to notify FSIS BEFORE the petition is sent to USCIS.

Petitions for change of E-3 employer or concurrent E-3 employment: The person may begin UH employment only upon approval of the E-3 petition.

USCIS processing time

Regular Processing: Normally takes 2-3 months on average.
Premium Processing Service is not currently available for E-3 petitions.

See the USCIS Case Status Service website to check the status of pending petitions and to see average processing times.

USCIS approval

When the petition is approved, USCIS will send an E-3 approval notice (Form I-797A Notice of Action) to FSIS. The original bottom portion of the approval notice will be sent to the E-3 employee and should be kept in his/her passport. FSIS will keep the original top portion of the notice, which is the employer’s copy. FSIS will notify the AO/PO/contact when the approval notice has arrived.

E-3 status will automatically begin/continue upon the E-3 approval notice start date. The employee does not need to leave the U.S. and reenter to begin his/her E-3 period.

If the employee will not begin employment at UH for any reason, the department must inform FSIS immediately so we can withdraw the LCA.

GENERAL DISCLAIMER: The content in this website is solely for use by University of Hawaii (UH) personnel. This website contains information that is both specific to UH and general. This information does not constitute legal advice and should not be used as the sole source for making decisions that may affect an individual’s legal status in the United States. UH makes no warranties or representations, express or implied, about the content of this website, including links to external sites. Users of this website assume the risk that information may be outdated or inaccurate. If any specific concerns arise, you should first consult with FSIS staff. If the issue is outside the scope of UH-sponsored employment-based immigration classifications, you may need to consult with an immigration attorney.

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EB Immigrant Visa Availability U.S. Department of State's monthly Visa Bulletin Terms & Concepts Visa Options Forms & Docs SSN & ID Cards Taxes Federal Tax Information State Tax Information Nonresident Alien Tax Workshops Tax FAQ Home » E-3 Australian Specialty Occupation Workers » E-3 Info for UH Depts » E-3 Requests E-3 Requests STEP 1: Preparing the E-3 request STEP 2: Completion of the E-3 entry/petition documents STEP 3a: E-3 entry or STEP 3b: E-3 petition adjudication & approval STEP 1: Preparing the E-3 request [top] Individuals may obtain E-3 status through (A) entry to the U.S. from abroad with an E-3 visa or (B) by USCIS petition approval while present in the U.S. (A) E-3 entry requests: UH departments should submit these types of requests to FSIS through their respective colleges/schools no later than 3 months prior to the requested E-3 start date. (B) E-3 petition requests: UH department should submit these types of requests to FSIS through their respective colleges/schools no later than 5 months prior to the requested E-3 start date. Premium Processing Service for E-3 petitions is not currently available. Submitting a late request may result in an E-3 beneficiary being unable to start/continue employment on time and/or losing his/her legal immigration status in the U.S. FIRST, the UH college/school/department must ensure it will pay the E-3 employee the required wage (i.e. the actual wage or the prevailing wage, whichever is higher). UH colleges/schools are prohibited from paying E-3 employees less than the actual wage or the prevailing wage. FSIS will not process an E-3 request if payment of the required wage cannot be verified. Actual wage determination: To determine the actual wage, the college/school/department must complete the Actual Wage Calculation Form. This form, along with a completed Actual Wage Statement, must be sent with the E-3 request to FSIS. Prevailing wage determination: Faculty positions: Since the UHPA collective bargaining agreement now contains minimum salary amounts, FSIS can rely upon the CBA as the prevailing wage source. APT positions: Since APT salaries are determined by a salary schedule, FSIS can rely upon the HGEA collective bargaining agreement as the prevailing wage source. SECOND, the UH department obtains information from the employee. The department should complete/gather the following documents for the E-3 request: E-3 Request Form E-3 Information Form Supporting documents (see checklist on E-3 Request Form) THIRD, the department should forward the entire packet to the college/school/unit’s Administrative/Personnel Officer (AO/PO). FOURTH, the AO/PO should review the request, attach any necessary documents, and send the complete request to FSIS, Attn: Signe, PSB 102-106. FSIS will review the request and may require additional/revised documentation. IMPORTANT INFORMATION ABOUT PETITION REQUESTS: UH can submit a petition to USCIS up to 6 months prior to the requested E-3 start date. E-3 extensions, changes of status, changes of employment, and changes of employer must be received by USCIS no later than the business day on or before the employee’s current status end date. Changes of status to E-3: If an employee travels abroad while his/her change of status petition is pending with USCIS, he/she will abandon the change of status. Therefore, UH should either file the petition after he/she returns to the U.S. OR file the petition early enough to obtain an approval before he/she leaves the U.S. The department should ask the E-3 employee whether any family members will require an E-3D change of status or extension. UH can request up to 2-year periods on E-3 petitions. AOs/POs should consult with FSIS if any of the following situations apply: The foreign national is currently in F-1 status with a graduation date or F-1 status/OPT end date that will occur more than 60 days prior to the intended E-3 start date. The foreign national is currently in J-1 status with a program end date that will occur more than 30 days prior to the intended E-3 start date. The foreign national and/or his/her dependents currently are or previously were in J-1 or J-2 status, subject to the 2-year foreign residence requirement. STEP 2: Completion of the E-3 entry/petition documents [top] Once FSIS receives the request from the AO/PO, we will complete the following according to the type of E-3 request: E-3 entry requests Obtain a prevailing wage determination, if necessary Forward labor condition application posting notices to the AO/PO (non-union positions only) Send a notice of filing to the appropriate collective bargaining representative (union positions only) File a Form ETA 9035 Labor Condition Application and receive approval from the U.S. Department of Labor FSIS will send a copy of the certified LCA to the AO/PO for the E-3 beneficiary along with a memo containing information on visa application procedures. E-3 petition requests Obtain a prevailing wage determination, if necessary Forward labor condition application posting notices to the AO/PO (non-union positions only) Send a notice of filing to the appropriate collective bargaining representative (union positions only) File a Form ETA 9035 Labor Condition Application and receive approval from the U.S. Department of Labor Complete USCIS Form I-129, Petition for a Nonimmigrant Worker & H Supplements Form I-907 Request for Premium Processing Service (if applicable) Revised Form I-539 (if applicable) FSIS will send the completed E-3 petition to the AO/PO along with a copy of the LCA for the E-3 beneficary and a memo regarding the current USCIS fee amounts* and proper USCIS mailing addresses. * E-3 employees are prohibited from paying any of the fees associated with filing E-3 petitions. The UH college/school/unit/department is responsible for paying all E-3-related fees (excluding the Form I-539 filing fee for E-3D dependents). STEP 3a: E-3 entry [top] This information applies only to individuals acquiring E-3 status through entry to the U.S. Ignore this section if the person will obtain E-3 status by a petition filed with USCIS. The UH department should provide the employee with the following items for his/her E-3 visa application: Copy of the Labor Condition Application (LCA), certified by the U.S. Department of Labor UH employment offer letter UH position description as documentation that the position qualifies as specialty occupation employment The E-3 employee should also review "(A) Enter the U.S. in E-3 status" for more information. After the E-3 employee arrives in the U.S., UH departments should send the following items to FSIS: Copy of both sides of the I-94 card (entry date stamp & notations must be clear) Copy of E-3 visa in passport Completed Contact Information Form STEP 3b: E-3 petition adjudication & approval [top] This information applies only to E-3 petitions filed with USCIS. Ignore this section if the person will obtain E-3 status by entering at a U.S. port of entry. USCIS receipt USCIS will mail a receipt notice to FSIS if the E-3 petition is properly and timely filed. Petitions for change of status to E-3: If UH is filing a petition for a change of status to E-3 from another nonimmigrant status (e.g. F-1, J-1), the beneficiary should not leave the U.S. until the petition is approved by USCIS. If he/she leaves the U.S. while a change of status petition is pending with USCIS, the change of status will be considered abandoned. If an individual will need to travel abroad while his/her petition is pending, be sure to notify FSIS BEFORE the petition is sent to USCIS. Petitions for change of E-3 employer or concurrent E-3 employment: The person may begin UH employment only upon approval of the E-3 petition. USCIS processing time Regular Processing: Normally takes 2-3 months on average. Premium Processing Service is not currently available for E-3 petitions. See the USCIS Case Status Service website to check the status of pending petitions and to see average processing times. USCIS approval When the petition is approved, USCIS will send an E-3 approval notice (Form I-797A Notice of Action) to FSIS. The original bottom portion of the approval notice will be sent to the E-3 employee and should be kept in his/her passport. FSIS will keep the original top portion of the notice, which is the employer’s copy. FSIS will notify the AO/PO/contact when the approval notice has arrived. E-3 status will automatically begin/continue upon the E-3 approval notice start date. The employee does not need to leave the U.S. and reenter to begin his/her E-3 period. If the employee will not begin employment at UH for any reason, the department must inform FSIS immediately so we can withdraw the LCA.
		GENERAL DISCLAIMER: The content in this website is solely for use by University of Hawaii (UH) personnel. This website contains information that is both specific to UH and general. This information does not constitute legal advice and should not be used as the sole source for making decisions that may affect an individual’s legal status in the United States. UH makes no warranties or representations, express or implied, about the content of this website, including links to external sites. Users of this website assume the risk that information may be outdated or inaccurate. If any specific concerns arise, you should first consult with FSIS staff. If the issue is outside the scope of UH-sponsored employment-based immigration classifications, you may need to consult with an immigration attorney.