E-3 Dependents (E-3S, E-3Y, and E-3D)

E-3 dependent eligibility
Obtaining and extending E-3 dependent status
Employment authorization for dependents
Study for E-3 dependents

E-3 dependent eligibility

Eligible family members of an E-3 employee include legally married spouse and unmarried children under 21 years of age. Family members do not need to hold Australian citizenship to qualify for dependent status.

The Department of Homeland Security (DHS) assigns specific Class of Admission (COA) codes on the Form I-94 to distinguish spouses from children:

  • E-3S (Spouse): Issued to spouses of E-3 workers. Authorized for employment incident to status.
  • E-3Y (Child): Issued to unmarried children under 21. Not authorized for employment.
  • E-3D (Legacy Code): Older designation previously used for all dependents. May still appear on older I-94 records, visas, or USCIS approval notices.

Note on aging out: A child loses dependent status upon turning 21 and must change to an independent nonimmigrant status (e.g., F-1 student) to remain in the U.S.

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Obtaining and extending E-3 dependent status

Family members may aquire or extending E-3 dependent status through one of two pathways: Option A (travel and entry through a U.S. Port of Entry) or Option B (filing an in-country application with USCIS).

Option A: Travel and Entry at U.S. Port of Entry (Outside the U.S.)

Use this option when dependent family members are currently outside the U.S. or plan to depart the U.S. before their current status expires and re-enter in dependent status. Family members may apply for entry at the same time as or after the primary E-3 employee, but they cannot enter the U.S. prior to the E-3 employee’s initial entry.

1. Apply for an E-3 dependent visa.

Citizens of all countries except Canada must obtain an E-3 visa stamp from a U.S. embassy or consulate abroad. (Canadian citizens may proceed directly to Step 2).

To apply for an E-3 dependent visa, dependents must visit the U.S. embassies and consulates website to review the specific application requirements and to schedule a visa interview at the U.S. embassy or consulate in your country of nationality or residence.

Please be aware that visa requirements can differ by location, so you must confirm the exact requirements directly with the specific embassy or consulate where you will have your interview. It is important to apply early, as processing times can vary and may take a significant amount of time. All visa applications undergo a security check, and some may require a more extensive security clearance that can take several weeks.

Generally, all E-3 dependent visa applications typically include:

  • DS-160 nonimmigrant visa application confirmation page;
  • Visa interview appointment confirmation page;
  • Proof of payment of visa fees;
  • A passport-style photograph that meets DOS‘s nonimmigrant visa photo requirements;
  • Passport valid for at least six months beyond the E-3 employee’s authorization end date;
  • Evidence of relationship to the E-3 employee:
    • Marriage certificate for spouse;
    • Birth certificate for each child;
  • Evidence of the E-3 employee’s status (copy of Form I-94, visa, approval notice, offer/support letter, etc.); and
  • Any other documents required by the specific U.S. embassy or consulate.

2. Apply for E-3 admission at a U.S. port of entry.

Dependents apply for admission in E-3 dependent status at a U.S. port of entry. E-3 dependents may apply for entry at the same time as or after the E-3 employee, but they may not enter the U.S. before the E-3 employee’s initial entry. Each family member must bring the following items to the port of entry:

  • Evidence of the E-3 employee’s status (copies of Form I-94, visa, approval notice, offer/support letter, etc.);
  • Valid E-3D entry visa in passport (N/A for Canadians);
  • Passport valid for at least six months beyond the E-3 authorization end date (if a passport will expire before the E-3 end date, that person will be granted a shorter period of stay);
  • UH offer letter or employment confirmation letter from the UH department to show financial support;
  • Marriage certificate for spouse; and
  • Birth certificate for each child.

Individuals are not guaranteed entry to the U.S. The U.S. Customs and Border Protection (CBP) officer at the port of entry will review all documents and ask the person about the purpose of the visit. These officers have the discretion to admit family members in E-3 dependent status and may refer them to a more detailed secondary inspection.

Important I-94 Inspection Check:

Upon entry, CBP will issue an electronic Form I-94. Dependents must check their I-94 record immediately on the CBP‘s I-94 website to verify their Class of Admission (COA):

  • Spouses should be admitted under E-3S (Employment Authorized).
  • Children should be admitted under E-3Y (Not Employment Authorized).

Note: If a spouse is incorrectly issued an E-3D or E-3Y code, contact CBP Deferred Inspection promptly to request an administrative correction.

Everyone needs to keep copies of their passport biodata/expiration pages, visas, and Form I-94 records permanently in case any of these documents are lost or stolen.

3. Send copies of entry documents to FSIS.

Once admitted, dependents must submit copies of the following to FSIS so we can verify proper admission and update our records:

  • Electronic Form I-94 printout from CBP’s I-94 website;
  • E-3D visa in passport (if any); and
  • Passport biodata page (if new/renewed)

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Option B: E-3D in-country application (Form I-539/Form I-539A)

If family members are currently in the U.S. in a qualifying nonimmigrant status, they can file Form I-539 and Form I-539A for each additional dependent (see the Form I-539 instructions) to apply for a E-3S/E-3Y change of status or extension.

  • Spousal Applications: If the E-3’s spouse is applying for E-3S status, the spouse completes Form I-539 with their own information and signs in Part 5. (Note: On Form I-539, select the standard E-3 dependent category; USCIS will grant status under the specific E-3S designation on the approval notice).
  • Child-Only Applications: If only minor children are applying for E-3Y status, the eldest child’s information is entered on Form I-539 and each additional child completes Form I-539A.
  • Signatures: Children 14 years of age or older must sign their own Form I-539/I-539A. For children under 14, the primary E-3 employee signs on their behalf in Part 5.

Dependents file their Form I-539/I-539A packet separately after the primary E-3 petition has been submitted to USCIS. Family members can mail their application directly to USCIS or file Form I-539 online (if eligible).

Important Requirement: Dependents must wait to file Form I-539 until the primary E-3 applicant receives their USCIS Receipt Notice (Form I-797C). A copy of the principal applicant’s Receipt Notice (or Approval Notice) must be included with the Form I-539 filing.

Required Independent Attachments (1 copy per dependent):

  • Form I-539/I-539A filing fee;
  • Copy of the primary E-3 employee’s USCIS Receipt Notice (I-797C) or Approval Notice (Required to link dependent applications to the primary’s applicant’s status);
  • Current U.S. visa stamp in passport (if any);
  • Current electronic Form I-94 printout;
  • Prior immigration status documents (Form DS-2019, I-20, or Form I-797 notices);
  • Passport biodata page(s);
  • Marriage certificate for spouse;
  • Birth certificate for each child;
  • Copy of any other required documents listed on the Form I-539 instructions.

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Employment Authorization for Dependents

E-3 spouses are employment authorized incident to status. Spouses admitted under E-3S do not need to apply for an Employment Authorization Document (EAD / Form I-765) before beginning work in the U.S. An unexpired Form I-94 displaying E-3S status serves as an acceptable List C document for Form I-9 employment verification.

Legacy Document Note: Spouses holding an older Form I-94 marked simply as E-3D are not automatically recognized as employment authorized by the Form I-9 rules. They must either obtain an updated I-94 showing E-3S (via travel/CBP correction) or file Form I-765 with USCIS to obtain an EAD card.

Dependent children are strictly prohibited from working in the U.S.

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Study for Dependents

Both E-3 spouses and children are permitted to study full-time or part-time at an accredited institution. The duration of study is bound by the primary E-3 employee’s authorized period of stay.

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