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 your I-94 card by the immigration inspector at the port of
entry. If your I-94 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 date.
As a result, you must leave the U.S. on or before the I-94 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.
There are 2 options for extending E-3 status:
OPTION 1: Reenter the U.S. in E-3 status
Follow the same E-3 entry procedures as described in "Obtaining E-3 Status - Step 3: E-3 entry."
OPTION 2: UH files an E-3 extension petition with USCIS
NOTE: 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.
UH can file an E-3 extension petition with USCIS up to 6 months prior to your E-3 end date. USCIS must receive properly filed E-3 extension petitions no later than the business day on or before your current E-3 end date. If USCIS receives the E-3 extension petition late, you 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 should send E-3 petition requests to FSIS no later than 5 months prior to your E-3 end date.
Also note that 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, be sure to inform your department about any family members who will require E-3D dependent extensions.
USCIS receipt
If
an E-3 extension petition is properly filed with USCIS before 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 2-3 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
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
status is employer and job-specific. If you accept additional
employment with another U.S. employer, that employer must submit an E-3
petition to USCIS requesting concurrent employment; you cannot begin
working for the other employer if you only have E-3 authorization for
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 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 your duties
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
Your UH department must submit an E-3 request to FSIS no later than 45 days prior to your scheduled departure date. After receiving the necessary documents from FSIS, follow the same E-3 entry procedures as described in "(A) Enter the U.S. in E-3 status." 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
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. UH can file an E-3 petition with USCIS up to 6 months prior to 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 you 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 E-3 extension is also being requested on the petition, be sure to inform your department about any family members 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. You may remain in the U.S.
while the petition is pending. However, if your E-3 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 2-3 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
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 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 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 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, 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 has the final discretion to admit you in E-3 status or your family members in E-3D status. The CBP officer will issue you and each family member an I-94 card which will note the period of authorized stay in E-3 or E-3D status.
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 new I-94 card
- Copy of new E-3 visa in your passport (if you obtained a new one)
- 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
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.
