Reporting changes of home address to USCIS
Travel abroad & reentry to the U.S.
E-3 duration [top]
The
initial period of E-3 status can be for up to two years; subsequent E-3
extensions of up to two years at a time can be requested thereafter.
Generally, there is no limit on the number of extensions that are
possible, but E-3 status is intended for temporary employment.
I-94 validity
It
is extremely important to be aware of the period of authorized stay
written on the E-3 employee's I-94 card by the U.S. Customs and Border Protection officer at the port of
entry. If the I-94 expiration date will occur before the employee's UH employment
resignation date or end date on the E-3 approval notice (if any) AND if UH has
not filed an E-3 extension with USCIS on the person's behalf, the E-3 status will end on the I-94 date.
As a result, the individual must leave the U.S. on or before the I-94 date to
avoid accruing unlawful presence. If this situation arises, please consult with FSIS.
See Terms and Concepts for information on the functions of other immigration documents.
See Ending E-3 Employment or Status at UH for information on completing an employee's E-3 status or employment at UH.
E-3 extensions [top]
Individuals may extend E-3 status through (A) departure from and reentry to the U.S. from abroad with an E-3 visa or (B) by USCIS extension petition approval while present in the U.S.
UH departments should submit an E-3 request to the college/school/unit Administrative/Personnel Officer (AO/PO). The AO/PO will review the request, attach any necessary documents, and send the complete request to FSIS.
Submitting a late request may result in an E-3 beneficiary being unable to continue employment and/or losing his/her legal immigration status 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 E-3 end date.
The E-3 employee should depart the U.S. before his/her E-3 status end date (stated on his/her I-94 card) and then follow the same E-3 entry procedures as described in "(A) Enter the U.S. in E-3 status."
(B) E-3 petition requests: UH departments should submit these types of requests to FSIS through their respective colleges/schools no later than 5 months prior to the E-3 end date. Premium Processing Service for E-3 petitions is not currently available.
UH can file an E-3 extension petition with USCIS up to 6 months prior to the E-3 end date. USCIS must receive properly filed E-3 extension petitions no later than the business day on or before the E-3 end date. If USCIS receives the E-3 extension petition late, the employee will no longer be in valid status and will begin accruing unlawful presence. Moreover, since Premium Processing Service is presently unavailable for E-3 petitions and because the 240-day automatic extension rule that is available for other nonimmigrant classifications is not explicitly applicable to E-3 classification, UH departments must send E-3 petition requests to FSIS no later than 5 months prior to the E-3 end date.
For UH positions that are not covered by a collective bargaining agreement, FSIS will need to obtain a prevailing wage determination (PWD) prior to completing the E-3 petition. PWDs can take up to 3 months to obtain, so departments should allow extra time for these types of E-3 requests.
Departments must be sure to check on whether the E-3 employee has any dependents in the U.S. who will require E-3D dependent extensions.
USCIS receipt
If an E-3 extension petition is properly filed with USCIS before the E-3 end date, USCIS will issue a receipt notice. The individual may remain in the U.S. while the extension is pending. However, if the E-3 extension petition is still pending when the prior E-3 period expires, the individual must stop working. Unlike other nonimmigrant statuses (e.g. H-1B, TN, etc.), the automatic 240-day extension of work authorization is not yet applicable for E-3 status holders.
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
E-3 status will automatically continue upon approval of the E-3
extension petition. The employee does not need to leave the U.S. to apply for an
E-3 visa and reenter the U.S. to continue his/her E-3 period.
Changes to E-3 employment [top]
E-3
status is employer and job-specific. If the employee accepts additional
employment with another U.S. employer, that employer must submit an E-3
petition to USCIS requesting concurrent employment; the person cannot begin
working for the other employer if he/she only has E-3 authorization for
UH employment.
If substantial changes to UH employment will occur, prior authorization must be obtained before the changes take place.
UH departments should notify FSIS immediately about impending
substantial changes in the terms and conditions of employment. Some
examples of substantial employment changes include:
- Changing from full-time to part-time or part-time to full-time hours
- Appointment to a new and very different position (e.g. changing from a Researcher position to a Professor position)
- Moving to a new work site
- Significant changes to duties
Prior authorization for substantial changes to E-3 employment can be obtained in one of two ways:
OPTION 1: Reenter the U.S. in E-3 status
The employee should follow the same E-3 entry procedures as described in "(A) Enter the U.S. in E-3 status." The UH department should submit an E-3 request to FSIS no later than 45 days prior to the scheduled departure date and also provide the employee with a letter explaining the changes to employment.
OPTION 2: UH files an E-3 petition with USCIS
UH can file an E-3 petition with USCIS up to 6 months prior to date the changes will take place. Your UH department should send an E-3 request to FSIS no later than 5 months prior to the date the changes will take place. Premium Processing Service for E-3 petitions is not currently available. In cases where there is not enough time to obtain petition approval to continue E-3 employment beyond a certain date, E-3 entry, rather than an E-3 petition, would likely allow the person to obtain the necessary work authorization on time.
For UH positions that are not covered by a collective bargaining agreement, FSIS will need to obtain a prevailing wage determination (PWD) prior to completing the E-3 petition. PWDs can take up to 3 months to obtain, so departments should allow extra time for these types of E-3 requests.
Finally, if an extension is also being requested on the change of employment petition, the UH department must check with the employee on whether he/she has any dependents who will require E-3D dependent extensions.
USCIS receipt
If
an E-3 petition is properly filed with USCIS before your E-3
end date, USCIS will issue a receipt notice. The employee may remain in the U.S.
while the petition is pending. However, if the E-3 petition
is still pending when the E-3 period expires, he/she must
stop working. Unlike other nonimmigrant statuses (e.g. H-1B, TN, etc.),
the automatic 240-day extension of work authorization is not yet
applicable for E-3 status holders.
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
E-3 status will automatically continue upon approval of the E-3 petition. The employee does not need to leave the U.S. to apply for an
E-3 visa and reenter the U.S. to continue the E-3 period.
Reporting changes of home address to USCIS [top]
E-3 employees and their E-3D dependents are required to report all changes of
residential address to USCIS within 10 days of moving. The easiest
way to report any changes is through the USCIS online change of address form.
If an individual currently has an application pending at a USCIS Service Center,
he/she should also contact the USCIS National Customer Service Center
(toll-free number: 1-800-375-5283) to report the change.
Please also remember to notify FSIS about the employee's new address.
Dual intent [top]
Unlike
H-1B
classification, E-3 classification does not explicitly provide for dual
intent. That is, when an individual applies for an E-3 visa, he/she must be able to
demonstrate that he/she intends to leave the U.S. at the end of E-3
status. That being said, the filing of an immigrant petition or
permanent labor certification on the person's behalf cannot be the sole reason
for a denial of an E-3 visa or entry to the U.S.
Travel abroad & reentry to the U.S. [top]
If an E-3 employee is planning to travel abroad, UH departments should issue him/her an employment confirmation letter to facilitate reentry to the U.S. The employee should review the travel abroad and reentry procedures for more information.
Each time an E-3 employee reenters the U.S., UH departments should provide the following items to FSIS so we can update our files and check that he/she was properly admitted to the U.S.:
- Copy of both sides of the new I-94 card
- Copy of new E-3 entry visa in passport (if obtained)
- Copies of both sides of each E-3D dependent’s new I-94 card (if applicable)
- Copies of each dependent’s E-3D visa in passport (if applicable)
Traveling abroad while an E-3 extension is pending
An E-3 employee must be physically present in the U.S. at the time an extension of stay petition
is filed, but he/she may travel abroad while the petition is pending.
However, if he/she leaves the U.S. while the petition is pending, it is
very important to consider the following:
- If the E-3 visa and/or approval notice will expire before he/she plans to reenter the U.S., he/she must remain abroad until a copy of the extension LCA/approval notice can be emailed to him/her by the UH department. He/She will need to apply for a new E-3 visa (if applicable) to reenter the U.S.
- If the E-3 extension petition is still pending when he/she plans to reenter the U.S., he/she can apply for an E-3 visa using a copy of the extension LCA along with other required supporting documents and "extend" his/her E-3 status through entry to the U.S.
Traveling abroad while a change of status to E-3 is pending
If UH is filing a petition for a change of status to E-3 from another status (e.g. H-1B, J-1), the individual should not leave the U.S. until the petition is approved by USCIS. If he/she leaves the U.S. while the change of status petition is pending with USCIS, the change of status will be considered abandoned. If an employee will need to travel abroad while a change of status petition is pending, be sure to consult with FSIS BEFORE the petition is sent to USCIS.
Part-time E-3 employment [top]
Part-time E-3 employees must keep a written record detailing the number of hours worked each day and each week, regardless of whether they are being paid a salary or an hourly wage. If a UH department is employing a part-time E-3 employee, the employee may not work more than the number of hours per week stated on the E-3 Labor Condition Application and he/she must complete time sheets stating the hours you worked every day. The completed time sheets should be kept in the employee's personnel file for at least 3 years from the date they were created.
