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 your E-3D child turns 21, he/she
can no longer stay in the U.S. as your 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 at a U.S. embassy/consulate or applying for entry at a
U.S. port of entry. They may apply for their E-3D visas at the same time you apply for your E-3 visa. If they are applying for E-3D visas after you have received an E-3 visa or E-3 petition approval, they should present evidence of this (i.e. a copy of your E-3 entry visa in your passport or a copy of your E-3 approval notice) when applying for their visas and/or to enter the U.S. in E-3D
status.
FIRST, your dependents must apply for E-3D visas at a U.S. embassy or consulate. (Canadian passport-holders can
skip this step and go to the second step, below.) Dependents should
generally apply at the U.S. embassy/consulate having jurisdiction
over their place of residence. Although they may apply at any U.S. embassy or consulate, it may be more difficult to qualify for the visa
outside their country of citizenship or permanent residence. If they
ever overstayed their authorized period of stay in the U.S., they must
apply for any new visas at a consular office in their country of
nationality.
- Check the U.S. Department of State "Apply for a U.S. Visa" website for visa application requirements and to make an appointment for a visa interview.
- E-3D family members will
need to show evidence of their relationship to you (the E-3 principal);
your spouse should bring the marriage certificate and each E-3D child’s
birth certificate to the visa interview. They will also need to show a copy of your E-3 entry visa or E-3 approval notice if they are applying for their visas after you have received your E-3 visa or E-3 approval notice.
- Additional E-3D visa application requirements differ by embassy/consulate, so dependents must check with the specific U.S. embassy or consulate on the requirements for their visa application.
SECOND,
your dependents should apply for admission at a U.S. port of entry. E-3D dependents may apply for entry at the same time as or after the E-3 principal, but they may not enter the U.S. before the E-3 employee's intial entry. Each E-3D dependent should bring the following items with him/her to the port of entry:
- A copy of your E-3 entry visa or E-3 approval notice
- Valid E-3D entry visa in passport (N/A for Canadian passport-holders)
- Passport valid for at least 6 months beyond the E-3 visa/approval notice end date (if a passport will expire before the E-3 end date, that person will be granted a shorter period of stay than is printed on the approval notice, so it is best to renew the passport before entry)
- Employment confirmation letter from the UH department for the E-3 employee’s UH employment (to show financial support)
- Copy of marriage certificate (for E-3D spouse)
- Copy of birth certificate (for E-3D child)
Please note that visas and/or approval notices will not guarantee entry to the U.S. The U.S. Customs and Border Protection (CBP) officer at the port of entry will review your dependents' immigration documents and ask them questions about their stay. These officers have the discretion to admit them in E-3D status and may refer them to a more detailed secondary inspection.
When
your dependents are admitted into the
U.S., their documents will be returned to them and they should
receive an admission date stamp with the notations “E-3D” and a date indicating the length of their period of authorized stay in their passports. They should also receive
instructions on how to print their own I-94 arrival record on CBP's I-94 website. The admission stamp with notations and the I-94 printout function as proof
of their admission to and legal immigration status in the U.S. In some
cases, an individual may be issued a paper I-94 at entry, but CBP is phasing out
this process. If your dependent is issued a paper I-94, that card is evidence of his/her legal status in the U.S.
It is a good idea to keep
copies of all approval notices, passport biodata/expiration pages,
visas, admission stamps, and I-94 records permanently in case any of the
documents are lost or stolen.
After your dependents arrive in 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
- Copy of both sides of each dependent's I-94 card (if received) OR I-94 printout from CBP's I-94 website and copy of admission stamp with notations
- 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 your behalf, be sure to inform your UH department about any dependents in the U.S. who will require a change to E-3D status. If your dependents are currently in the U.S. in another dependent status (e.g. F-2, J-2), they must apply for changes of status to E-3D along with your change of status to E-3.
Your dependents should apply for changes of status to E-3D by filing Form I-539 (see the I-539 instructions). If your spouse is applying for E-3D status, he/she should complete the I-539 with his/her information and sign the form in Part 5.
If only minor children are applying for E-3D status, your eldest child’s information should be entered in the form; the child may sign in Part 5 if he/she is 14 years or older. If the child is under 14, you (the E-3 employee) should sign the I-539 and provide your information in Part 5.
If your dependents will file the I-539 WITH your E-3 change of status petition, attach the following documents to the I-539 and submit the entire packet to your UH department:
- Form I-539 filing fee
- 1 copy of each dependent's current U.S. visa in his/her passport (if applicable)
- 3 copies of each dependent's current I-94 card (if any) or I-94 printout from CBP's I-94 website and copy of admission stamp with notations
- 3 copies of each dependent's Forms DS-2019, I-20, or I-797 (as applicable)
- 3 copies of each dependent's passport biodata/expiration page(s)
- 3 copies of marriage certificate (if spouse will be E-3D)
- 3 copies of each dependent child's birth certificate (if applicable)
- 3 copies of any other required documents listed on the I-539 instructions
If your dependents will file the I-539 SEPARATELY from an E-3 petition being filed on your behalf, attach the following documents to the I-539 and mail the entire packet to USCIS:
- Form I-539 filing fee
- 1 copy of each dependent's current U.S. visa in his/her passport (if applicable)
- 1 copy of each dependent's current I-94 card (if any) or I-94 printout from CBP's I-94 website and copy of admission stamp with notations
- 1 copy of each dependent's Forms DS-2019, I-20, or I-797 (as applicable)
- 1 copy of each dependent's passport biodata/expiration page(s)
- 1 copy of marriage certificate (if spouse will be E-3D)
- 1 copy of each dependent child's birth certificate (if applicable)
- Any other required documents listed on the I-539 instructions
If
your 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. For E-3D entry procedures, see “OPTION 1: Enter the U.S. in E-3D
status,” above.
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 your dependents are outside
the U.S. when their E-3D approval expires, they can reenter the U.S. with
the necessary documents to obtain a longer E-3D period. Dependents should reenter the U.S. with the following documents:
- A copy of your E-3 extension approval notice or E-3 entry visa
- Valid E-3D visa in passport (N/A for Canadian passport-holders) (see the U.S. Department of State Embassy and Consulate website for visa application requirements and to make an appointment for a visa interview)
- Passport valid for at least 6 months beyond the E-3 visa/approval notice end date (if a passport will expire before the E-3 end date, that person will be granted a shorter period of stay than is printed on the approval notice, so it is best to renew the passport before reentry)
- Copy of marriage certificate (for E-3D spouse)
- Copy of birth certificate (for E-3D child)
- Employment confirmation letter from your UH department (to show financial support)
After your 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)
- Copy of both sides of each dependent's I-94 card (if received) OR I-94 printout from CBP's I-94 website and copy of admission stamp with notations
- 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.
Your dependents can remain in the U.S. and file Form I-539
to extend their E-3D status concurrently with or separately from your E-3 extension petition. Dependents should request the same extension
period that will be entered on your E-3 petition. It is important to
review the I-539 instructions before completing the form.
If your dependents will file the I-539 WITH your E-3 extension petition, attach the following items to the I-539 and submit the entire packet to your UH department:
- Form I-539 filing fee
- 1 copy of each dependent's current E-3D visa in his/her passport (if applicable)
- 3 copies of each dependent's current I-94 card (if any) or I-94 printout from CBP's I-94 website and copy of admission stamp with notations
- 3 copies of each dependent's Forms I-797 (if applicable)
- 3 copies of each dependent's passport biodata/expiration page(s)
- 3 copies of marriage certificate (if spouse is E-3D)
- 3 copies of each dependent child's birth certificate (if applicable)
- 3 copies of any other required documents listed on the I-539 instructions
If your dependents will file the I-539 SEPARATELY from your E-3 extension petition, attach the following items to the I-539 and mail the entire packet to USCIS:
- Form I-539 filing fee
- 1 copy of each dependent's current U.S. visa in his/her passport
- 1 copy of each dependent's current I-94 card (if any) or I-94 printout from CBP's I-94 website and copy of admission stamp with notations
- 1 copy of each dependent's Forms I-797 (if applicable)
- 1 copy of each dependent's passport biodata/expiration page(s)
- 1 copy of marriage certificate (if spouse is E-3D)
- 1 copy of each dependent child's birth certificate (if applicable)
- Any other required documents listed on the I-539 instructions
USCIS
must receive the properly filed E-3D extension application and filing
fee no later than the business day on or before the current E-3D end
date. If USCIS receives the E-3D extension application late, your
dependents will no longer be in valid status and will begin accruing
unlawful presence.
If your 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. For E-3D entry procedures,
see “Option 1: Reenter the U.S. in E-3D status," above.
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.
