The E-3 immigration status is designated as part of the Australia-United States Free Trade Agreement (AUSFTA) for nationals of the Commonwealth of Australia coming to the U.S. to perform services in a specialty occupation.
A specialty occupation is defined as an occupation which requires theoretical and practical application of a body of highly specialized knowledge and attainment of a bachelor’s or higher degree for the specific specialization (or its equivalent in experience).
The first application for E-3 status can be for a maximum of 2 years; then unlimited 2-year extensions are allowed. The E-3 employee should intend to depart the United States upon the expiration of E 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 visa preference petition.
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WashU sponsorship of E-3
Departments considering requesting an E-3 for an employee should contact the Office for International Students and Scholars (OISS) before making a commitment of E-3 sponsorship. The decision about E-3 sponsorship is based on several factors:
- Business needs of the department
- E-3 regulations about qualifying positions
- Prospective employee’s previous visa history
- Prospective employee’s educational credentials
E-3 application process
For applicants living outside of the U.S. or those currently in the U.S. on a different immigration status.
All applications must be initiated by the sponsoring WashU department
OISS processing time for E-3 scholar applications is approximately 2-3 months. USCIS processing times vary greatly without the use of premium processing.
OISS will also have to submit an E-3 petition for employees who are transferring or porting their employment to WashU. If you are hiring a prospective employee who is currently in E-3 immigration status, contact OISS for next steps.
Contact OISS with questions if unsure whether the job/employee qualifies for E-3 status.
- As a department, make an offer of employment to a qualified foreign national for an E-3 eligible position. The offer should note that it is contingent upon the employee obtaining the appropriate immigration status and employment authorization.
- Tell the department contact about the hire and complete the necessary paperwork.
- Maintain contact with OISS about any changes or questions involving the planned employment.
Please contact OISS for the appropriate forms.
We recommend submitting the E-3 application to OISS at least three (3) months and no more than eight (8) months in advance of the requested E-3 start date. Please note the department will submit H-1B forms and make a notation on the Department Request form that an E-3 visa is being requested.
If the application is received less than three (3) months before the requested start date, OISS may ask that the department update the offer letter and requested start date.
When you are ready to upload paperwork, create a subfolder inside the department folder. Use the following format for every new folder you create: “LASTNAMEFirstname_DOB (MMDDYYYY)”. Upload all request forms and supporting documents into the scholar’s specific named folder.
In order for your request to be assigned to an OISS adviser, the subfolder must include the following completed documents:
- Department Request form
- Prevailing Wage form
- Actual Wage form
- Employee Information form
- Employee Information Acknowledgement-Agreement form
- Deemed Export Questionnaire
- LCA Attestation form
OISS will determine if the employee can apply for an E-3 visa stamp at a U.S. Embassy abroad or if an E-3 petition needs to be filed with USCIS. If the petition will be filed with USCIS, checks for the following fees for E-3 filing must also be submitted, payable to U.S. Department of Homeland Security, addressed to the USCIS Service Center (vendor 953489, address 6). Department cannot require the prospective E-3 to reimburse fees paid by the university for E-3 applications.
- Filing fee $460
- Fraud prevention fee $500
- Premium processing fee $2,805 – required if requesting USCIS premium processing (see Step 4 for processing timelines)
Average of 1-2 months
OISS receives the paperwork, checks it for accuracy and completeness, and verifies that both the employee and the job qualify for E-3 status. We then inform the department of any issues and missing documentation. A public access file is created, as required by immigration regulations.
OISS sends the deemed export information to the Research Office for review.
We determine the prevailing wage for the position and file a Labor Condition Application (LCA) with the Department of Labor (DOL) up to six (6) months before the requested E-3 start date.
The DOL returns the LCA to OISS to include in the E-3 petition. The Research Office sends the deemed export recommendation to OISS.
USCIS premium processing time for a response (not always a decision) is 15 business days
USCIS regular processing time for a response is 2+ months
E-3 applicants residing abroad will apply at the U.S. Embassy in their country of residency. Under other circumstances, it may be necessary to file the E-3 petition with USCIS. It is important to know that USCIS processing times can vary greatly without the use of premium processing. If you are unsure about whether to apply with premium processing, we recommend that you contact your department’s OISS adviser.
Once the E-3 petition has been completed, reviewed and shipped to U.S. Citizenship and Immigration Services (USCIS), the scholar’s subfolder will move to “E-3 Cases Submitted to USCIS”. A copy of the submitted application will be uploaded to the scholar’s subfolder.
- OISS submits the I-129 petition and supporting evidence to USCIS.
- USCIS approves, sends a request for evidence (RFE), or denies the E-3 petition. USCIS sends notice of the decision to OISS.
- If we receive an RFE, OISS contacts the department and/or employee for the documentation needed. We respond to the USCIS RFE.
- Once approved, OISS notifies the employee to pick up the approval notice (or sends to the department the E-3 employee is not currently at WashU).
The employee can begin working at WashU according to the terms of the petition filed and the approval notice issued by USCIS. Or, if the employee is outside of the U.S., they can apply for an E-3 visa from the Department of State (DOS) to enter the U.S. and begin E-3 employment.
Amendments and extensions
For applicants currently in E-3 immigration status, needing a change or an extension of their status, contact OISS to determine whether a new E-3 application to USCIS is necessary. If so, the process will mirror that of an initial E-3 application.
| Amendment | Changing employment such as title, site of activity, job description, salary, or hours worked |
| Change of employer | Transferring (porting) to WashU from another institution |
| Extension | Extending employment end date (details remain the same) |