E-3 Australian Workers
E-3 status is used for Australian nationals who will perform services in specialty occupations on a temporary basis. At Emory, it can be used to bring faculty, researchers, or other highly specialized professionals to the US. The E-3 is a temporary non-immigrant status. Therefore, the scholar must be coming to fill a position temporarily, although the position itself may or may not be temporary.
Resources
Requirements and Obtaining E-3 Status
To qualify for E-3 status, the scholar must already have the degree, certificate, or license that enables one to practice in the profession in the state of Georgia, if applicable.
To acquire E-3 status from abroad, no I-129 petition needs to be filed with USCIS. Instead, the employer (Emory) files a Labor Condition Application (LCA). Once certified by the US Department of Labor (DOL), the Australian scholar applies for an E-3 visa by presenting the certified LCA and other required documents to a US consular offer. The scholar may then travel to the US to obtain E-3 status.
Length of Stay
The employer may request a period of two years at a time.
E-3s may enter the US up to ten days prior to the start date on the LCA and may be granted a ten day grace period after the LCA end date. To confirm the grace period given, E-3 scholars should check the I-94 each time they enter the US. The ten-day grace period is not automatically given and is up to DHS discretion. E-3s cannot work during the grace periods.
Dependents
E-3 scholars can bring their spouse or unmarried children under the age of 21 with them to the United States as E-3 dependents. Children of E-3 scholars may not be employed in the US, but spouses of E-3 scholars may apply for an EAD to work in the United States. Read more on USCIS' E-3 Specialty Occupation Workers from Australia page. For more information, please visit ISSS' Bringing Family page.
Maintaining E-3 Status
E-3 scholars have a number of immigration responsibilities, including reporting any changes in their employment, keeping their local address updated with USCIS, and more. For information, please visit ISSS' Maintenance of International Scholar Status page.