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)