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.
Period of authorized stay
It
is extremely important to be aware of the period of authorized stay on
your I-94 record or admission stamp. If your I-94/admission stamp
expiration date will occur before your UH employment resignation date or
your E-3 approval notice end date AND if UH has not filed an E-3
extension with USCIS on your behalf, your E-3 status will end on the I-94/admission stamp date.
As a result, you must leave the U.S. on or before this date to avoid
accruing unlawful presence. If you are unsure about this issue, please
consult with your UH department or with FSIS.
See Terms and Concepts for information on the functions of other immigration documents.
See Ending Your E-3 Employment or Status at UH for information on completing your E-3 status or employment at UH.
E-3 extensions [top]
If you are eligible for an extension of E-3 status, your UH department 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.
NOTE: For non-union positions, FSIS may need to obtain a prevailing wage determination (PWD) prior to completing the E-3 LCA/petition. PWDs can take up to 2 months to obtain, so departments should allow extra time for these types of E-3 requests.
There are 2 options for extending E-3 status:
OPTION 1: Reenter the U.S. in E-3 status
The AO/PO should submit an E-3 entry request no later than 45 days prior to your planned departure date. After your department receives the necessary documentation from FSIS, follow the E-3 entry procedures described in "Obtaining E-3 Status - Step 3: E-3 entry."
OPTION 2: UH files an E-3 extension petition with USCIS
Deadline to submit requests to FSIS
The AO/PO should submit an E-3 petition request to FSIS no later than 4 months prior to your E-3 end date. USCIS must receive your properly filed E-3 extension petition by the business day on or before your current E-3 end date. If USCIS receives the extension petition late, you will no longer be in valid status and you will begin accruing unlawful presence.
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 you to obtain the necessary work authorization on time.
E-3D dependents
Be sure to inform your department about any family members who will require E-3D dependent status or extensions.
Petition duration & timing of filing
UH can request up to 2-year periods on E-3 petitions. Departments may choose to request shorter durations per petition due to funding or contract periods. Generally, there is no limit on the number of extensions that are possible, but E-3 status is intended for temporary employment.
UH can submit E-3 petitions to USCIS up to 6 months prior to the current E-3 end date.
USCIS receipt
If
an E-3 extension petition is properly filed with USCIS by your E-3
end date, USCIS will issue a receipt notice. You may remain in the U.S. while the extension is pending. However, if your E-3 extension petition is still pending when your prior E-3 approval period expires, you 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 2-4 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
Your
E-3 status will automatically continue upon approval of the E-3
extension petition. You do not need to leave the U.S. to apply for an
E-3 visa and reenter the U.S. to continue your E-3 period.
Changes to E-3 employment [top]
E-3 approval is specific to the
employer that filed the labor condition application (LCA) and/or petition and covers only the particular position
for which the LCA/petition was filed.
New E-3 employer
If you accept additional employment from another U.S. employer while you are employed by UH, the other employer must obtain concurrent E-3 authorization for you. Likewise, if you are leaving UH to work for another U.S. employer, that employer must submit an E-3 petition to USCIS requesting a change of employer or you must depart the U.S. and reenter with the new employer's LCA, offer letter, etc. In both cases, you cannot begin working for the other employer if you only have E-3 authorization for UH employment.
Changes to current UH employment
If substantial changes to your current UH employment will occur, prior authorization must be obtained before the changes take place. Your UH department should notify FSIS immediately about impending substantial changes in the terms and conditions of your employment. Some examples of substantial employment changes include:
- Changing from full-time to part-time or vice versa (e.g. 50% FTE to 100% FTE)
- Appointment to a position with a new title (e.g. Junior Researcher to Assistant Researcher)
- Moving to or adding a new work site
- Significant changes to your duties (e.g. adding teaching)
NOTE: For non-union positions, FSIS may need to obtain a prevailing wage determination (PWD) prior to completing the E-3 LCA/petition. PWDs can take up to 2 months to obtain, so departments should allow extra time for these types of E-3 requests.
Prior authorization for substantial changes to your E-3 employment can be obtained in one of two ways:
OPTION 1: Reenter the U.S. in E-3 status
The AO/PO should submit an E-3 entry request no later than 45 days prior to your planned departure date. Follow the same procedures described in "Obtaining E-3 Status - Step 3: E-3 entry."
Be sure to also take with you a letter from your UH department explaining the changes to your employment.
OPTION 2: UH files an E-3 petition with USCIS
Deadline to submit requests to FSIS
The AO/PO should submit an E-3 petition request to FSIS no later than 4 months prior to your E-3 end date. USCIS must approve a properly filed E-3 amendment petition before any changes to employment can take place.
Premium
Processing Service for E-3 petitions is not currently available. The changes to employment may need to be delayed until petition approval is received. It may be quicker to receive authorization for the changes through E-3 entry (see above) instead.
E-3D dependents
Be sure to inform your department about any family members who will require E-3D dependent status or extensions.
Petition duration & timing of filing
UH can request up to 2-year periods on E-3 petitions. Departments may choose to request shorter durations per petition due to funding or contract periods. Generally, there is no limit on the number of extensions that are possible, but E-3 status is intended for temporary employment.
UH can submit E-3 petitions to USCIS up to 6 months prior to the current E-3 end date.
USCIS receipt
If
an E-3 extension petition is properly filed with USCIS by your E-3
end date, USCIS will issue a receipt notice. You may remain in the U.S.
while the extension is pending. However, if your E-3 extension petition
is still pending when your prior E-3 approval period expires, you 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 2-4 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
Your
E-3 status will automatically continue upon approval of the E-3 petition. You do not need to leave the U.S. to apply for an
E-3 visa and reenter the U.S. to continue your E-3 period.
Reporting changes of home address to USCIS [top]
You
and your E-3D dependents are required to report all changes of
residential address to USCIS within 10 days of your move. The easiest
way to report any changes is through the USCIS online change of address form.
If you currently have an application pending at a USCIS Service Center,
you 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 and your UH department about your new address.
Dual intent [top]
Unlike H-1B
classification, E-3 classification does not explicitly provide for dual intent. That is, when you apply for an E-3 visa, you must be able to demonstrate that you intend to leave the U.S. at the end of your E-3 status. That being said, the filing of an immigrant petition or permanent labor certification on your 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
you are planning to travel abroad, please notify your UH department at
least 2 weeks before you leave so there is enough time for your
department to prepare an employment confirmation letter for you.
You will need the following items to reenter the U.S. in E-3 status:
- Copy of a valid E-3 approval notice (if E-3 status was obtained/extended by petition)
- Valid E-3 visa in passport (see the U.S. Department of State's "Apply for a U.S. Visa" 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 your passport will expire before the E-3 end date, you will be granted a shorter period of stay, so it is best to renew your passport before you reenter)
- Employment confirmation letter from your UH department
If your E-3D dependents are traveling abroad, each dependent will need the following items to reenter the U.S. in E-3D status:
- Copy of your valid E-3 entry visa or E-3 approval notice(if E-3 status was obtained/extended by petition)
- Valid E-3D visa in passport (N/A for Canadian passport-holders) (see the U.S. Department of State's "Apply for a U.S. Visa" 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, 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)
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 immigration documents and ask you questions about your stay. These officers have the discretion to admit you in E-3 status and your family members in E-3D status and may refer you to a more detailed secondary inspection.
When
you are admitted into the
U.S., your documents will be returned to you and you should
receive an admission date stamp with the notations “E-3” (principal
E-3 worker) or “E-3D” (dependents) and a date indicating the length of
your period of authorized stay in your passport. You should also receive
instructions on how to print your 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 your admission to and legal immigration status in the U.S. In some
cases, you may be issued a paper I-94 at entry, but CBP is phasing out
this process. If you are issued a paper I-94, that card is evidence of
your 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.
Each time you and your dependents reenter the U.S., please provide the following items to FSIS so we can update our files and check that you were properly admitted to the U.S.:
- Copy of both sides of your I-94 card or I-94 printout from CBP's I-94 website
- Copy of admission stamp with notations in passport
- Copy of E visa in passport
- Copy of passport biodata and expiration page (if you have a new passport)
- Copies of #1-4 for each E-3D dependent (if applicable)
Traveling abroad while an E-3 extension is pending
You
must be physically present in the U.S. at the time an extension of stay petition
is filed, but you may travel abroad while the petition is pending.
However, if you leave the U.S. while the petition is pending, it is
very important to consider the following:
- If your approval notice will expire before you plan to reenter the U.S., you must remain abroad until a copy of the extension LCA/approval notice can be emailed to you by your UH department. You will need one of these documents for E-3 visa application (if applicable) and reentry to the U.S.
- If your E-3 extension petition is still pending when you plan to reenter the U.S., you can apply for an E-3 visa using a copy of the extension LCA along with other required supporting documents and "extend" your 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 on your behalf for a change of status to E-3 from another status (e.g. H-1B, J-1), you should not leave the U.S. until the petition is approved by USCIS. If you leave the U.S. while the change of status petition is pending with USCIS, the change of status will be considered abandoned. If you know you will need to travel abroad while your petition is pending, be sure to notify your UH department and 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 you hold a part-time UH appointment, you may not work more than the number of hours per week stated on the E-3 Labor Condition Application and you must complete time sheets stating the hours you worked every day. Submit the completed time sheets to your hiring unit to be kept in your personnel file for at least 3 years from the date the time sheets were created.
