E-3 Visa Extensions and Change of Employer

The U.S. immigration system is a tapestry of rules and regulations, and when it comes to the E-3 visa – a visa category exclusively for Australians working in specialty occupations – there are nuances that potential applicants and their employers should be aware of especially when it comes to extensions or change of employer. One of the most crucial aspects revolves around work authorization extensions and changing employers. Let’s dive deep into understanding this and explore potential solutions.

E-3 vs. H-1B: The Differences in Work Authorization Extensions

While the E-3 visa offers numerous benefits for Australian professionals, there’s one notable distinction from the H-1B visa category: there’s no automatic extension of work authorization for E-3 visa holders while an extension application is pending. In contrast, H-1B visa holders are often eligible for this automatic extension.

Similarly, when E-3 visa holders are looking to change employers, the lack of automatic extension applies. This can be a significant challenge for individuals and employers, leading to potential disruptions in employment and workflow.

Potential Solutions for E-3 Visa Holders

Given the limitations in automatic extensions, what can E-3 visa holders do to ensure a seamless transition while extending their visa or changing employers? Here are some practical solutions:

1. E-3 Premium Processing: For those not desiring to the leave the U.S., a good solution would be to apply for change of employer/extension of stay for same employer with the USCIS. As the E-3 visa holder cannot work unless the petition has first been approved, it is advisable to file the petition under premium processing which guarantees a response within 15 days (as opposed to waiting for a few weeks to a few months).
2. Exiting and Reentering the U.S.: Another effective strategy involves leaving the U.S. once the current E-3 visa is nearing its end or when changing employers. During this time, the individual can apply for a new visa with an LCA certified for the new employer/same employer to extend status. Once the visa is approved, they can reenter the U.S., thereby initiating their work authorization for their employer. While this method might seem cumbersome, it’s a tried-and-tested approach that ensures the individual remains compliant with U.S. immigration laws.

Conclusion

For Australians on E-3 visas, understanding the nuances of work authorization extensions is paramount. The lack of automatic extensions, as is the case with H-1B visas, can pose challenges. However, with the right strategies in place, such as considering premium processing or opting to exit and reenter the U.S. with a new visa, E-3 visa holders can navigate these challenges efficiently.

If you’re an Australian national on an E-3 visa or an employer hiring such professionals, it’s always beneficial to consult with an immigration law expert to understand the best approach tailored to your unique circumstances.