Maintaining E-3 Compliance | Faculty and Scholar Immigration Services

E-3 duration
E-3 extensions
Changes to E-3 employment
Travel abroad and reentry to the U.S.
Reporting new home addresses to USCIS
Dual intent

E-3 duration

An initial period of up to two years of E-3 status can be granted by U.S. Customs and Border Protection at a U.S. port of entry or by U.S. Citizenship and Immigration Services (USCIS) through a UH-filed petition. Subsequent E-3 extensions of up to two years at a time can be requested thereafter via the same means. There is no regulatory limit on the number of extensions that are possible, but E-3 status is intended for temporary employment.

Period of authorized stay

It is extremely important to be aware of the period of authorized stay on the employee’s Form I-94 record. If the Form I-94 admit until date will occur prior to the employee resigns or the E-3 authorization expires and UH has not filed an E-3 extension petition with USCIS, the worker’s legal status will end on the Form I-94. As a result, the person must leave the U.S.. on or before this date to avoid accruing unlawful presence.

Departments must notify an Immigration Specialist before an employee ends E-3 employment at UH.

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E-3 extensions

There are two ways E-3 authorization can be extended: (A) the employee applies for entry to the U.S. from abroad with a new E-3 visa and other required documents or (B) UH files a petition with USCIS while the employee remains in the U.S.

In either case, the UH sponsoring unit must submit an E-3 extension request packet to FSIS by the recommended deadlines (see below). Submission of a late request may delay an E-3 employee’s employment continuation date or even result in the loss of legal immigration status in the U.S.

(A) E-3 entry request	(B) E-3 petition request
Use this option when the employee plans to travel abroad and reenter to apply for a new E-3 employment period. UH must receive approval of a new labor condition application (LCA) from the U.S. Department of Labor (DOL) before the worker can apply for E-3 entry. Submit this type of request to FSIS through the college/school HR specialist no later than two months prior to the E-3 extension start date, which must be back-to-back with the current E-3 expiration date. The current E-3 end date will be stated on the employee’s E-3 approval notice or Form I-94, as applicable. The links below explain the procedures to extend E-3 authorization by entry to the U.S.: The department prepares the E-3 request. FSIS processes the request and emails the approved LCA and other documents to the HR specialist and employee. The employee applies for E-3 entry to the U.S. If the employee needs a new visa, departments need to consider the waiting periods for visa interview appointments and visa issuance. Plan ahead to allow enough time for the employee and any family members to obtain the necessary visas to enter the U.S.	Use this option when the employee is currently in the U.S. and cannot depart and reenter to extend E-3 authorization. FSIS will prepare an E-3 petition that must be submitted to USCIS before the E-3 end date. Submit this type of request to FSIS through the college/school HR specialist no later than two months prior to the E-3 extension start date, which must be back-to-back with the current E-3 expiration date. The current E-3 end date will be stated on the employee’s Form I-94 or E-3 approval notice, as applicable. Submission of a late request may delay an E-3 employee’s employment continuation date or even result in the loss of legal immigration status in the U.S. The links below explain the procedures to extend E-3 authorization by USCIS petition: The department prepares the E-3 request. UH can request up to two years on E-3 petitions. UH can submit a petition to USCIS up to six months prior to the E-3 extension start date. Consult with FSIS if the employee is planning to travel abroad while an E-3 petition is pending. Ask the E-3 employee about family members who may require an E-3D change of status or extension. If so, include the family’s documents in the E-3 request packet. FSIS receives the request and starts processing the petition as long as the requirements are met. FSIS emails the E-3 petition filing fee amount and account information request to the HR specialist. The college/school/department (as appropriate) follows the email instructions to request the filing fee check(s) from UH Disbursing. UH Disbursing will notify FSIS when the check(s) is ready for pick up. The unit must provide their FedEx account number or UH account number to charge the FedEx invoice. FSIS mails the petition with the filing fee to USCIS. USCIS reviews the petition and renders a decision. If approved, USCIS will issue a Form I-797A or I-797B approval notice. If Form I-797A: Employment can continue uninterrupted. If Form I-797B: The worker must follow the E-3 entry procedures to “activate” the authorization.

(A) E-3 entry request

(B) E-3 petition request

Use this option when the employee plans to travel abroad and reenter to apply for a new E-3 employment period. UH must receive approval of a new labor condition application (LCA) from the U.S. Department of Labor (DOL) before the worker can apply for E-3 entry.

The links below explain the procedures to extend E-3 authorization by entry to the U.S.:

The department prepares the E-3 request.
FSIS processes the request and emails the approved LCA and other documents to the HR specialist and employee.
The employee applies for E-3 entry to the U.S. If the employee needs a new visa, departments need to consider the waiting periods for visa interview appointments and visa issuance. Plan ahead to allow enough time for the employee and any family members to obtain the necessary visas to enter the U.S.

Use this option when the employee is currently in the U.S. and cannot depart and reenter to extend E-3 authorization. FSIS will prepare an E-3 petition that must be submitted to USCIS before the E-3 end date.

Submit this type of request to FSIS through the college/school HR specialist no later than two months prior to the E-3 extension start date, which must be back-to-back with the current E-3 expiration date. The current E-3 end date will be stated on the employee’s Form I-94 or E-3 approval notice, as applicable. Submission of a late request may delay an E-3 employee’s employment continuation date or even result in the loss of legal immigration status in the U.S.

The links below explain the procedures to extend E-3 authorization by USCIS petition:

The department prepares the E-3 request.
- UH can request up to two years on E-3 petitions.
- UH can submit a petition to USCIS up to six months prior to the E-3 extension start date.
- Consult with FSIS if the employee is planning to travel abroad while an E-3 petition is pending.
- Ask the E-3 employee about family members who may require an E-3D change of status or extension. If so, include the family’s documents in the E-3 request packet.
FSIS receives the request and starts processing the petition as long as the requirements are met.
FSIS emails the E-3 petition filing fee amount and account information request to the HR specialist. The college/school/department (as appropriate) follows the email instructions to request the filing fee check(s) from UH Disbursing. UH Disbursing will notify FSIS when the check(s) is ready for pick up. The unit must provide their FedEx account number or UH account number to charge the FedEx invoice.
FSIS mails the petition with the filing fee to USCIS.
USCIS reviews the petition and renders a decision. If approved, USCIS will issue a Form I-797A or I-797B approval notice.
- If Form I-797A: Employment can continue uninterrupted.
- If Form I-797B: The worker must follow the E-3 entry procedures to “activate” the authorization.

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Changes to E-3 employment

E-3 work authorization is specific to the employer that filed the labor condition application (LCA) and/or petition and covers only the particular position for which the LCA/petition was filed. This means another employer cannot hire an E-3 worker using a UH-filed LCA or petition approval. It also means UH must report and receive authorization to make substantial changes to an E-3 employee’s job before the changes become effective.

Some of the most common changes for which UH must obtain prior approval include:

Appointment to a position with a new title (e.g., Junior Researcher to Assistant Researcher);
Moving to or adding a new worksite; or
Significant changes to duties, such as taking on teaching.

If it is unclear whether a LCA/petition is required to report the changes to employment, contact an Immigration Specialist to discuss the issues before submitting an E-3 request. However, if it is clear that the new employment terms must be reported to DOL/USCIS, the UH sponsoring unit must submit an E-3 request packet to FSIS by the deadline (see below). Submission of a late request may delay an E-3 employee’s employment continuation date or even result in the loss of legal immigration status in the U.S.

There are two ways changes can be made to E-3 authorization: (A) the employee applies for entry to the U.S. from abroad with updated documents or (B) UH files a USCIS petition while the worker remains in the U.S.

(A) E-3 entry request	(B) E-3 petition request
Use this option when the employee plans to travel abroad and reenter to apply for changes to E-3 employment authorization. UH must receive approval of a new labor condition application (LCA) from the U.S. Department of Labor (DOL) before the worker can apply for E-3 entry. Submit this type of request to FSIS through the college/school HR specialist no later than two months prior to the E-3 start date, which is the anticipated effective date of the changes. The links below explain the procedures to amend E-3 employment authorization by entry to the U.S.: The department prepares the E-3 request. FSIS processes the request and emails the approved LCA and other documents to the unit’s HR specialist and employee. The employee applies for E-3 entry to the U.S. using an updated LCA and other documents. If the employee needs to apply for a new visa, note that there are often waiting periods for visa interview appointments and visa issuance, so it is important to plan ahead to allow enough time for the employee and any family members to obtain the necessary visas to enter the U.S. Note: If the employee is concurrently working for multiple employers, at the U.S. embassy/consulate and/or port of entry, letters and other documents from each employer must be presented to ensure authorization covering all employment is granted.	Use this option when the employee is currently in the U.S. and cannot depart and reenter to make changes to E-3 employment authorization. FSIS will prepare an E-3 petition that must be submitted to USCIS well before the changes become effective. Submit this type of request to FSIS through the college/school HR specialist no later than four months prior to the E-3 start date, which is the anticipated effective date of the changes. The links below explain the procedures to amend E-3 employment authorization by USCIS petition: The department prepares the E-3 request. Changes to employment may take place once USCIS approves the petition. When reporting a change to employment, UH may request an extension of up to two years. UH can submit a petition to USCIS up to six months prior to the petition start date. Consult with FSIS if the employee is planning to travel abroad while an E-3 petition is pending. Asks the E-3 employee about family members who may require an E-3D change of status or extension. If so, include the family’s documents in the E-3 request packet. FSIS receives the request and starts processing the petition as long as the requirements are met. FSIS emails the E-3 petition filing fee amount and account information request to the HR specialist. The college/school/department (as appropriate) follows the email instructions to request the filing fee check(s) from UH Disbursing. UH Disbursing will notify FSIS when the check(s) is ready for pick up. The unit must provide their FedEx account number or UH account number to charge the FedEx invoice. FSIS mails the petition with the filing fee to USCIS. USCIS reviews the petition and renders a decision. If approved, USCIS will issue a Form I-797A or I-797B approval notice. If Form I-797A: Employment can continue uninterrupted. If Form I-797B: The employee must follow the E-3 entry procedures to “activate” the authorization.

(A) E-3 entry request

(B) E-3 petition request

Use this option when the employee plans to travel abroad and reenter to apply for changes to E-3 employment authorization. UH must receive approval of a new labor condition application (LCA) from the U.S. Department of Labor (DOL) before the worker can apply for E-3 entry.

Submit this type of request to FSIS through the college/school HR specialist no later than two months prior to the E-3 start date, which is the anticipated effective date of the changes.

The links below explain the procedures to amend E-3 employment authorization by entry to the U.S.:

The department prepares the E-3 request.
FSIS processes the request and emails the approved LCA and other documents to the unit’s HR specialist and employee.
The employee applies for E-3 entry to the U.S. using an updated LCA and other documents. If the employee needs to apply for a new visa, note that there are often waiting periods for visa interview appointments and visa issuance, so it is important to plan ahead to allow enough time for the employee and any family members to obtain the necessary visas to enter the U.S.

Note: If the employee is concurrently working for multiple employers, at the U.S. embassy/consulate and/or port of entry, letters and other documents from each employer must be presented to ensure authorization covering all employment is granted.

Use this option when the employee is currently in the U.S. and cannot depart and reenter to make changes to E-3 employment authorization. FSIS will prepare an E-3 petition that must be submitted to USCIS well before the changes become effective.

Submit this type of request to FSIS through the college/school HR specialist no later than four months prior to the E-3 start date, which is the anticipated effective date of the changes.

The links below explain the procedures to amend E-3 employment authorization by USCIS petition:

The department prepares the E-3 request.
- Changes to employment may take place once USCIS approves the petition.
- When reporting a change to employment, UH may request an extension of up to two years.
- UH can submit a petition to USCIS up to six months prior to the petition start date.
- Consult with FSIS if the employee is planning to travel abroad while an E-3 petition is pending.
- Asks the E-3 employee about family members who may require an E-3D change of status or extension. If so, include the family’s documents in the E-3 request packet.
FSIS receives the request and starts processing the petition as long as the requirements are met.
FSIS emails the E-3 petition filing fee amount and account information request to the HR specialist. The college/school/department (as appropriate) follows the email instructions to request the filing fee check(s) from UH Disbursing. UH Disbursing will notify FSIS when the check(s) is ready for pick up. The unit must provide their FedEx account number or UH account number to charge the FedEx invoice.
FSIS mails the petition with the filing fee to USCIS.
USCIS reviews the petition and renders a decision. If approved, USCIS will issue a Form I-797A or I-797B approval notice.
- If Form I-797A: Employment can continue uninterrupted.
- If Form I-797B: The employee must follow the E-3 entry procedures to “activate” the authorization.

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Travel abroad and reentry to the U.S.

If an E-3 employee is planning to travel abroad, UH departments must issue an employment confirmation letter to facilitate reentry to the U.S. To return to the U.S., the worker must follow all E-3 entry procedures and send copies of reentry documents to an Immigration Specialist. If any E-3D dependents travel to other countries, they need to follow the E-3D entry procedures.

If an employee or dependent is only planning to visit Canada or Mexico for less than 30 days, automatic visa revalidation. may be an option for reentry to the U.S.

Traveling abroad while an E-3 petition is pending with USCIS

The E-3 employee must be physically present in the U.S. at the time a petition is filed. After filing, it is not advisable for E-3 employees to travel abroad while the petition is pending. If the employee needs to travel abroad around the time E-3 authorization will expire or be amended, the department must submit the extension/amendment request in the form of an E-3 entry request rather than an E-3 petition request.

If international travel plans arise at the last minute and the employee cannot avoid traveling while the petition is pending with USCIS, please note the following:

Petition type	International travel
Change of E-3 employer	If still employed by a prior employer, the employee may reenter using that employer’s LCA, offer letter and other documents. If prior employment has ended, they must reenter with UH LCA, offer letter, and other documents to begin UH employment — see the E-3 entry process for more details.
Concurrent E-3 employment	If the petition is still pending on reentry date, the employee may reenter with another employer’s LCA, offer letter, and other documents; upon petition approval, UH employment is authorized automatically. If the petition has been approved, they must reenter with approval notices and/or LCAs, offer letters, and other documents for all employers, including UH — see the E-3 entry process for more details.
E-3 amendment	If the petition is still pending on reentry date, the employee may reenter with prior unexpired UH approval notice and/or UH LCA, offer letter, and other documents. If the petition has been approved, then the employee must reenter with the amended approval notice and/or updated LCA, updated offer/support letter, and other documents to begin amended employment — see the E-3 entry process for more details.
E-3 change of status	If the employee travels abroad while the petition is still pending, then the change of status will be abandoned. If the employee reenters in prior immigration status, then the employee must depart the U.S. and go through the E-3 entry process to begin E-3 employment. If the petition has been approved, then the employee must use the petition approval and/or LCA, offer letter, and other documents to begin E-3 employment — see the E-3 entry process for more details.
E-3 extension	If the petition is still pending on reentry date, then the employee may reenter with the prior unexpired UH approval notice and/or unexpired UH LCA, offer letter, and other documents. If documents have expired or if the petition has been approved, then the employee must reenter with extension approval notice (if received) and/or extension LCA, updated offer/support letter, and other documents to continue employment — see the E-3 entry process for more details.

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Reporting new home addresses to USCIS

E-3 employees and their E-3D dependents are required to report all changes of residential address to USCIS within 10 days of moving. The easiest way to report any changes is through USCIS‘s online change of address form. If an individual has an application pending at a USCIS Service Center, they need to also contact the USCIS National Customer Service Center (toll-free number: 1-800-375-5283) to report the change.

Please also email the new address to an Immigration Specialist so we can update our records.

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Dual intent

E-3 classification does not explicitly provide for dual intent. That is, when an individual applies for an E-3 visa, they will need to demonstrate intent to leave the U.S. at the end of E-3 status. That being said, the filing of an immigrant petition or permanent labor certification application on the person’s behalf should not be the sole reason for a denial of an E-3 visa or entry to the U.S.

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