Procedures at NYU

The NYU hiring department must provide documentation to prove that the job requires a person with special qualifications and that the individual meets those qualifications. Further, the hiring department is required to pay a salary to the individual, which meets the prevailing wage for the position. The Office of Global Services must file and receive a certified Labor Condition Application (LCA) from the U.S. Department of Labor (DOL) for the position before the scholar may obtain an E-3 visa or E-3 status.

Although the Office of Global Services must file an LCA, we do not need to file an E-3 petition (form I-129) with United States Citizenship and Immigration Services (USCIS) for scholars entering with an E-3 visa stamp from outside the U.S.

The only time the Office of Global Services must file an E-3 petition (form I-129) would be if the scholar is remaining in the U.S. and:

• requires a change of status (COS) to E-3 from another visa type
• has E-3 status with another employer and wants to work concurrently at NYU
• wants to extend her/his current E-3 status at NYU
  

To request E-3 sponsorship for an Australian scholar, department liaisons should complete a Request Form for First-time Applicants for E-3 Status or a Request Form for E-3 Status Extension to initiate the process. In order to receive E-3 status in a timely manner, the Office of Global Services requests lead time in advance of the desired appointment start date:

• 3 months for all new and extension cases applying for an E-3 visa stamp at a U.S. Consulate
• 6 months for new cases changing from another visa status in the U.S.
• 6 months for all concurrent or extension cases (foreign national already in E-3 status and not traveling)
  

E-3 visitors may be admitted initially for a period up to two years, and extensions of stay may be granted indefinitely in increments of up to two years. There is no limit on the total length of stay for an E-3. Under current regulations, E-3 nonimmigrants shall maintain an intention to depart the U.S. upon the expiration of termination of E-3 status. An application for initial admission, change of status or extension of stay in E-3 classification, however, may not be denied solely on the basis of an approved request for permanent labor certification or a filed or approved immigrant petition.

There is no upper age limit for E-3 status. However, there is an annual cap of 10,500 initial E-3 applications for principal visa holders. Dependents receive E-3D status and are not included in the cap.

If International Scholar Services needs to file an E-3 petition (form I-129), USCIS should adjudicate the case according to the normal processing times posted on their website (subject to change). E-3 cases cannot be expedited by using premium processing at this time. Regardless of whether a scholar enters the U.S. with an E-3 visa stamp or International Scholar Services files an E-3 petition with USCIS, the scholar may not begin working for NYU until s/he has a certified LCA for the NYU position and is in the U.S. in E-3 status with NYU.