E-3 status is an immigration status for citizens of Australia that permits employment in a specialty occupation. A specialty occupation is an occupation that requires a bachelor’s degree or higher in one specific field. E-3 status is typically used at Notre Dame for positions such as:
- Teaching & Research Faculty
- RL-TPAC Faculty
- Staff
- Visiting Faculty (only if required by extenuating circumstances)
- Postdoctoral Research Associates (only if required by extenuating circumstances)
Unlike H-1B status, there is no eligibility limit on E-3 status. Petitions are filed for two years, or the length of the contract period; whichever is shorter. Also unlike H-1B status, E-3 status does not allow dual intent; the E-3 employee must intend to return abroad once E-3 employment ends.
E-3 status is specific to employer, position, and location. Any changes to the position including job title, responsibilities, or location (including remote work), may require a new petition to be filed. It is imperative that academic units communicate with ISSA before any changes are made.
The E-3 process is complex and processing times can be extensive; especially for employees located in the US who do not wish to apply for an E-3 visa at a US consulate abroad, as this requires the filing of an E-3 petition with US Citizenship and Immigration Services (USCIS). US Department of Labor (DOL) processing is required for every E-3 employee.
An E-3 petition may be submitted to DOL no sooner than 6 months in advance of the requested E-3 start date. Due to fluctuating DOL and USCIS processing times, we request that you start the process with ISSA 3-6 months in advance of the requested E-3 start date.
| OVERVIEW OF E-3 STATUS | |
|---|---|
| Status Sponsor: | University of Notre Dame |
| Status Authorized & Regulated By: | US Department of Labor and USCIS |
| Length of Authorization: | Up to 2 years, renewable indefinitely |
| Education Level: | Bachelor's degree or equivalent experience appropriate to the field of endeavor |
| Eligibility: |
|
| Appointment Source: | Usually Office of the Provost |
| Fees: | Review fees here. |
| Special Notes: |
* Required only if employee will remain in the US and will not apply for an E-3 visa at a US consulate abroad |
E-3 Instructions for Departments
Complete ISSA's Immigration Request Form
The academic unit should start by completing ISSA's Immigration Request Form (IRF). ISSA will review the IRF and send an email to the academic unit that confirms the E-3 recommendation and provides information about initiating the E-3 process.
Hiring Packet
When the academic unit decides to proceed with the E-3 recommendation, they contact the Office of the Provost, the Office for Postdoctoral Affairs, or Human Resources to complete the hiring packet.
Complete Forms in ISSALINK
After the hiring packet is complete, the academic unit initiates the E-3 Employee Form in ISSAlink. The academic unit and employee will then complete the E-3 Employee Form.
| E-3 FOREIGN CREDENTIAL EVALUATION |
|---|
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If the employee received their qualifying degree from a non-US institution, they must possess or obtain a foreign credential evaluation of their degree. A credential evaluation is an evaluation by a US credential evaluation organization that confirms the foreign degree is the equivalent of a US degree in the same or similar field. If necessary, the employee may also be required to submit a certified translation of any documents not available in English. The agencies listed below can provide both evaluation and translations if needed. ISSA does not endorse or recommend any particular service but these are some services that have been used for E-3 petitions: |
If Filing with DOL Only
ISSA will prepare the DOL’s Labor Condition Application. Allow 4-6 weeks for processing and mailing; skip to VISA APPLICATION step below.
VISA APPLICATION
An E-3 visa stamp is required before entering the US. The E-3 employee must apply at a US consulate abroad. A list of US consulates can be found here. The E-3 employee is generally responsible for all visa application fees.
If Filing with USCIS
REVIEW E-3 PETITION (IF FILING WITH USCIS)
Once the E-3 petition is drafted, ISSA will provide a copy of the E-3 petition to the academic unit and employee for review. Any necessary corrections will be made.
TRACKING THE PETITION (IF FILING WITH USCIS)
ISSA will track the progress of the E-3 petition and notify the academic unit and employee by email when the E-3 petition is mailed and receipted.
USCIS RESPONDS (IF FILING WITH USCIS)
When USCIS responds to the petition, ISSA will notify the academic unit and employee. If the E-3 petition is approved and the original approval notice is received, ISSA will email the academic unit and employee instructions on picking up or shipping the original approval notice. If a request for evidence (RFE) or denial is received, ISSA will reach out to the academic unit for next steps.
Note: The E-3 employee does not need to immediately exit and apply for a US visa stamp in their passport. If they exit after their E-3 has been approved, they will be required to obtain an E-3 visa stamp in their passport before re-entering.
All E-3 Employees
Check-in with ISSA
Upon arrival on campus for their Notre Dame appointment, the E-3 employee should complete ISSA’s check-in form here.
ISSA Communications
ISSA is committed to keeping academic units informed of next steps and the progress of the E-3 petition for each employee. Please reach out to ISSA’s Employment Immigration Manager, Erin Clark (eclark32@nd.edu), with any questions.
Employment Changes
Visa Restrictions
E-3 status/employment authorization is for a specific position at a minimum specified salary for a specific employer in a specific geographical area. Any changes in employment status—such as new job duties, a new job title, a new job location (working remotely/telecommuting from another city), or a transfer to another department/unit —require the prior review of ISSA. Consultation with ISSA to determine whether a new petition is required should occur 3 months prior to the anticipated change in employment status to allow sufficient time for any necessary processing which must take place. Engaging in employment not covered in the petition approval is considered a violation of status by US Citizenship and Immigration Services (USCIS).
End of Employment
The academic unit must submit the Report H-1B, TN, E-3, O-1 End of Employment form in ISSAlink prior to the E-3 employee’s last date of employment.
Transfer to a New Employer
E-3 approval is “employer specific,” which means that if the E-3 employee changes employers, the new employer must prepare and file an entirely new E-3 petition (unless the employee decides to travel). The new E-3 petition must be approved before the E-3 employee can start work.
Extenstion of Stay
It is the academic unit’s responsibility to contact ISSA’s Employment Immigration Manager, Erin Clark (eclark32@nd.edu), with a request to extend the employee’s E-3 status. ISSA should be contacted 3-6 months in advance of the E-3 status end date.
Special Notes for E-3 Status
Dependents
The spouse and unmarried minor children (under 21 years of age) of the E-3 status holder are eligible for E-3S (spouse) or E-3D (child) dependent status. E-3 dependents may study in the US. E-3S (spouse) dependents are eligible for work in the US if their I-94 has been marked “E-3S”. If an E-3 spouse’s I-94 has not been marked E-3S, they may apply for US work authorization by completing Form I-765.
Please note that E-3 employees have the responsibility for obtaining and ensuring immigration compliance for any dependents in E-3 status. ISSA can provide general advice or refer to an immigration attorney assistance on specific matters relating to the legal affairs of E-3 dependents.