E-3

Citizens of Australia who plan to enter the U.S to perform services in a “specialty occupation” (one that requires the theoretical and practical application of a body of highly specialized knowledge) may be eligible for E-3 visa status. The E-3 visa requires the minimum of a bachelor’s degree (or equivalent) in the specific specialty area.

E-3 employees may be admitted initially for a period up to two years. Extensions of stay may be granted up to two years at a time, with no limit on the total length of stay. There is no limit on the total number of years an E-3 visa holder can stay in the U.S., though E-3 status is intended to be temporary and not to be used for permanent residence. E-3 visitors must maintain non-immigrant intent and plan to depart the U.S. upon the expiration of their E-3 status.

There is an annual cap of 10,500 initial E-3 applications for principal visa holders. To date however, this cap has never been met in any given year.

Scholar Services will gladly answer any questions that you may have about E-3 status, however, all requests for E-3 status sponsorship must originate from the NYU hiring department at least 3-6 months prior to the desired appointment start date. Please liaise with your department administrator, who will then communicate the request to Scholar Services.

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 which meets the prevailing wage for the position. Scholar Services must file and receive a certified Labor Condition Application (LCA) from the US Department of Labor (DOL) for the position before the scholar may obtain an E-3 visa or E-3 status.

Although Scholar Services must file an LCA, we do not need to file an E-3 petition 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 Scholar Services must file an E-3 petition would be if you were unable to travel and you:

• require a change of status (COS) to E-3 from another visa type
• have E-3 status with another employer and want to work concurrently at NYU
• want to extend your current E-3 status at NYU
  

If Scholar Services needs to file an E-3 petition, USCIS should adjudicate the case according to the normal processing times posted on their website (subject to change). E-3 cases can be expedited by using premium processing. Regardless of whether a scholar enters the U.S. with an E-3 visa stamp or Scholar Services files an E-3 petition with USCIS, you may not begin working for NYU until you have a certified LCA for the NYU position and are the U.S. in E-3 status with NYU.

If you are outside the U.S., you must either already have a valid E-3 visa, or obtain one at a U.S. Embassy or Consulate overseas in order to enter the U.S. in E-3 status to work at NYU. Visas are issued only by United States consulates and embassies outside the U.S. Citizens of Australia can apply directly to any U.S Embassy or Consulate for an E-3 visa by presenting the following documents:

• LCA certified by DOL (provided by the Scholar Services)
• Job offer letter describing the specialty occupation, the salary, the minimum requirements for the position and how the individual meets these requirements.
• Evidence of a U.S. bachelor’s degree in the field or its equivalent and U.S. professional license, if applicable
• Evidence establishing that the applicant’s stay in the United States will be temporary

Please note, these directions are meant to help you in completing your application but should not be considered legal advice. The US Department of State ultimately provides the decision on your visa application. You must be accurate and truthful in your application. Be aware that any information you withhold from your application, or inaccurate information you accidentally or intentionally include in your application, could result in a visa denial. This information also includes your social media presence.

Traveling to the US

Make sure you have the appropriate entry documents with you prior to arriving in the United States. Please review the OGS Travel Information page for complete details.

In order to maintain legal E-3 status while in the U.S.:

1. Make sure your immigration documents are valid and unexpired:

• Passport valid at least six months into the future
• I-94 admission record for E-3 status
  • Upon U.S. entry, you should get your I-94 admission record online, which will show the date by which you must exit the U.S. after your employment ends. As long as your I-94 end date has not passed and you remain in the position at NYU (and/or with any other authorized employers), you will be in E-3 status. If there are any concerns about the information on the I-94, you should contact Scholar Services to discuss.
• A certified LCA
• An I-797 Approval Notice (if a petition was filed with USCIS)

An E-3 visa is needed for travel and reentry into the U.S. however, an E-3 visa may be expired if you remain in the U.S.

2. Update your local address within 10 days of a move

• All non-immigrants are required to notify USCIS within 10 days of a change of residential address by completing Form AR-11 online. Please also notify Scholar Services of your updated address by e-mailing ogs.scholars@nyu.edu.

3. Notify Scholar Services of early departure

• If you will be leaving NYU prior to the original end date, please notify Scholar Services via email (ogs.scholars@nyu.edu). Include your name, visa type, original and new end date, and reason for early departure in the message.
• Note: If you not have E-3 status with another employer or if you do not have any other status, you must depart the U.S. immediately after the last day of NYU employment.

4. Notify Scholar Services of substantial changes in NYU employment

• An E-3 scholar’s permission to work at NYU is based on the terms and conditions presented in the LCA (and in the E-3 petition filed with USCIS, if applicable). Accordingly, you should not accept any changes in the terms of employment (other than a standard salary increase) without first consulting International Scholar Services.

5. Do not accept unauthorized employment

• E-3 status is employer-specific. Unless another employer has filed an E-3 petition for you (concurrent E-3) with USCIS, you may not engage in any type of additional employment.

6. Contact Scholar Services if the E-3 status needs to be extended

• If your appointment at NYU will be extended and you still require E-3 status, your department liaison should request an extension as per requested lead times.
• If you are not able to travel to extend, Scholar Services must file an extension petition with USCIS. You may continue working for up to 240 days beyond your current E-3 end date if the extension petition was filed in a timely manner.

Spouses and unmarried children under 21 years old of the principal E-3 visa holder can enter the U.S. in E-3D status, regardless of their own nationality. E-3 dependent spouses are eligible to apply for work authorization by applying for an Employment Authorization Document (EAD card) from USCIS after they have entered the U.S. Scholar Services has guidance on this process and can assist spouses with review of form I-765 and supporting documentation.

Your dependents can apply for their E-3D visas at a U.S. Embassy or Consulate abroad at the same time that you do, but they may also apply separately once your E-3 visa has been issued. Dependents should submit the following:

• Passport
• Financial documentation that verify how they will be financially supported in the U.S.
• Proof of relationship to you ( marriage certificate or birth certificate)
• Proof of your E-3 status
  • Your dependents do not need to provide a copy of your Labor LCA or evidence of employment but should show either:
    • a copy of your E-3 visa stamp or
    • Your original I-797 Approval Notice, if you obtained E-3 status in the U.S.

A registration form is included with the visa documents sent to you. If you are entering from outside the United States, we request you attach a copy of your visa stamp and I-94 entry/exit document, which can be accessed from the US Customs and Border Control website. Upon registration, you also have the option of joining the International Scholars Network Email List which enables you to connect with other international scholars at NYU. Don't forget to register!