Sponsoring E-3 Employment

Step 1: UH job offer
Step 2: Determine E-3 eligibility
Step 3: Prepare E-3 request
Step 4: FSIS processing
Step 5a: Apply for E-3 entry or Step 5b: USCIS processing

Step 1: UH job offer

UH may sponsor a prospective employee for E-3 employment after a job offer for a full-time position from a UH department has been accepted. That is, E-3 sponsorship may be initiated only if an employment agreement exists between a UH department and a foreign national. Once a job offer has been accepted, the department must determine whether the individual is eligible to work in the U.S. If the person does not already have employment authorization for the UH job, the proper authorization must be secured before employment can begin. The E-3 classification may be an option for work authorization if the initial eligibility requirements are met.

It is important to note that UH does not classify stipend or fellowship recipients (e.g., postdoctoral associates) as employees. This means UH cannot seek E-3 classification for non-salaried appointments. Instead, the J-1 classification may be the most appropriate option.

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Step 2: Determine E-3 eligibility

UH units may pursue E-3 sponsorship if the following minimum requirements are met:

  • The position must be in a full-time “specialty occupation” that requires the theoretical and practical application of a body of highly specialized knowledge and at least a bachelor’s degree or foreign equivalent in the specific field; and
  • The prospective employee must have the required educational degree or its equivalent in the specific field, experience, and other requirements for the position.

Clinical positions: If the position involves direct patient contact that is not incidental to the duties and the employee is a graduate of a foreign medical school, these additional requirements must be met:

  • Passage of one of these exams: Federation Licensing Examination (FLEX) parts I and II, National Board of Medical Examiners (NBME) Parts I, II, and III, or U.S. Medical Licensing Examination (USMLE), Steps 1, 2, and 3;
  • Competency in oral and written English shown by passage of an English proficiency exam acceptable to the Educational Commission for Foreign Medical Graduates (ECFMG) (i.e., TOEFL);
  • A full and unrestricted license to practice medicine in a foreign country or a degree from a medical school in a foreign country; and
  • A license or other authorization required by the state in which the individual will practice or receive graduate medical education or training.
Annual E-3 “cap”

The U.S. government allows a maximum of 10,500 E-3 visas to be issued annually during each fiscal year (October 1 – September 30). E-3 dependent spouses and children do not count toward this quota, nor do applicants extending their E-3 statuses within the U.S. with the same employer.

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Step 3: Prepare E-3 request

After the UH department determines that E-3 classification is appropriate, the E-3 request process may begin. The department and prospective E-3 employee has two options to obtain E-3 status by: Option A (travel and border entry) or Option B (in-country USCIS petition).

In either case, 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 start or continuation date. It can even result in the loss of legal immigration status in the U.S.

Option A: E-3 Entry Request (Travel and Border Entry)

Use this option when the candidate is outside the U.S., or when an employee currently in the U.S. can travel abroad to obtain an E-3 visa and enter the U.S.

  • Lead Time: Submit the E-3 request packet to FSIS at least 2 months prior to the requested E-3 start date.
  • Process: FSIS prepares the Labor Condition Application (LCA) and supporting documentation. The E-3 employee then uses these documents to apply for an E-3 visa at a U.S. embassy/consulate and seeks admission at a U.S. Port of Entry.
Option B: E-3 Petition Request (In-Country USCIS Filing)

Use this option when the employee is currently in the U.S. in a valid nonimmigrant status and cannot depart/re-enter the U.S.. before beginning employment, or when extending status in-country with UH.

  • Lead Time: Submit the E-3 request packet to FSIS through the college/school HR specialist at least 4 months prior to the requested E-3 start date.
  • Process: FSIS prepares an LCA and files Form I-129 (Petition for a Nonimmigrant Worker) with USCIS on behalf of the UH department.

Important notes:

  • UH must receive petition approval from USCIS before the beneficiary can begin E-3 employment.
  • For extensions, USCIS must accept the E-3 petition by the business day on or before the employee’s current status end date.
  • 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 intended E-3 start date.
  • Consult with FSIS if the employee is:
    • Planning to travel abroad while the E-3 petition is pending; or
    • An F-1 student whose F-1 status will end more than 60 days prior to the intended E-3 start date; or
    • A J-1 exchange visitor whose program will end more than 30 days prior to the intended E-3 start date; or
    • Subject to the two-year residence requirement after being in J-1 or J-2 status. UH cannot file an E-3 in-country change of status petition in this case.  The department must submit an E-3 entry type of request instead.
  • Ask the E-3 employee about family members who may require an E-3 dependent change of status or extension. If needed, submit a Request to Include I-539 for Dependents with the E-3 request packet.
E-3 request process

UH colleges/schools/departments/units need to follow each step below to complete and submit E-3 requests to FSIS.

1. The UH sponsoring unit determines the “required wage.”

The required wage is the higher of the actual wage or the prevailing wage. UH colleges/schools are prohibited from paying E-3 employees less than this wage. FSIS cannot process an E-3 request if payment of the required wage cannot be verified.

To determine the actual wage, the college/school/department must complete the Actual Wage Calculation Form and the Actual Wage Statement. Both forms must be properly completed and submitted with the E-3 request to FSIS.

The prevailing wage is determined by the type of position the E-3 will hold.

  • Faculty positions: The applicable minimum salary in the UHPA collective bargaining agreement (CBA) is the prevailing wage.
  • APT positions: Step 1 of the applicable pay band on the APT salary schedule under the HGEA CBA is the prevailing wage.
  • Non-union positions: FSIS will calculate the prevailing wage using the position description matched against the occupation’s O*NET description. In rare cases, FSIS may need to obtain a prevailing wage determination (PWD) from the U.S. Department of Labor prior to completing the E-3 LCA/petition. This latter process can take up to 4-6 months, so departments need to factor in this time when deciding on an employment start date for an unusual non-union position.

2. The UH department initiates the E-3 request and submits the request to the college/school HR specialist.

The UH department works with the E-3 beneficiary to obtain necessary information and documentation for the E-3 request packet. The department completes/gathers its portion of the documents listed on the E-3 Request Form.

If any document is not written in English, provide a translation and a translator’s certification.

3. The HR specialist reviews the E-3 request, attaches documents, and submits the request via UH FileDrop or UH Dropbox to FSIS.

The UH department forwards its portion of the E-3 request packet to the HR specialist for the college/school/unit. The HR specialist reviews the packet, attaches any additional documents, and submits the completed request via UH FileDrop or UH Dropbox to an Immigration Specialist at FSIS.

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Step 4: FSIS processing

Once FSIS receives the request from the HR specialist, we will review it and complete the following as long as all initial requirements are met:

  • For non-union positions, issue a prevailing wage determination (PWD) (in rare cases, a PWD request may need to be sent to the U.S. Department of Labor (DOL), which can take 12-14 months);
  • For union positions, provide a notice of labor condition application (LCA) filing to the collective bargaining representative (union positions); for non-union positions, forward notices to the HR specialist to be publicly posted for 10 consecutive business days;
  • Prepare and submit the LCA to the DOL (may take up to 7 days for approval);
  • Prepare USCIS Form I-129 Petition for a Nonimmigrant Worker (if petition request);
  • Prepare a cover letter for the E-3 petition;
  • Prepare USCIS Form I-907 Request for Premium Processing Service (if requested); and
  • Review Form I-539/I-539A for any E-3D dependents (if applicable).

FSIS will send the applicable E-3 documents to the HR specialist depending on the type of request:

Option A (Travel and Border Entry)
  1. LCA Filing: FSIS will prepare and file the required Labor Condition Application (LCA) with the U.S. Department of Labor (DOL). DOL typically takes up to 7 business days to certify an LCA.
  2. Document Preparation: Once the LCA is certified, FSIS prepares the E-3 support packet, which includes the certified LCA, the UH employment offer letter, and necessary supporting evidence.
  3. Packet Distribution: FSIS sends the completed E-3 support packet directly to the prospective employee via UH Dropbox.
  4. Visa Application: The employee uses the support packet to schedule an interview and apply for an E-3 visa at a U.S. embassy or consulate. (Note: Citizens of Canada are exempt from the visa requirement and may proceed directly to the border).
  5. U.S. Entry: Upon receiving the E-3 visa, the employee seeks admission to the U.S. at a Port of Entry.

See Maintaining E-3 Compliance for instructions on submitting entry documents to FSIS upon arrival.

Option B (In-Country USCIS Petition)
  1. LCA Filing: FSIS will prepare and file the required Labor Condition Application (LCA) with the U.S. Department of Labor (DOL). DOL typically takes up to 7 business days to certify an LCA.
  2. Petition Preparation: Once the LCA is certified, FSIS prepares the Form I-129 (Petition for a Nonimmigrant Worker) and the corresponding E-3 petition packet on behalf of the UH department.
  3. Signatures & Check Collection: FSIS works with the department to secure required signatures on USCIS forms and obtain the appropriate filing fee checks.
  4. Submission to USCIS: FSIS files the complete E-3 petition packet with USCIS.
  5. Receipt & Approval Notices:
    • USCIS generally issues a Form I-797C Receipt Notice within 2-4 weeks. FSIS will forward a copy of the receipt to the HR specialist and the employee.
    • Standard USCIS processing times vary significantly and can take several months. Sponsoring units should closely monitor USCIS current processing times. (Note: Premium Processing is available for an additional fee to expedite USCIS review).
    • Once USCIS approves the petition, FSIS will receive the original Form I-797A Approval Notice and notify the department/employee.

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Step 5a: Apply for E-3 entry

The information in the section applies to situations where an employee will acquire E-3 status by applying for an E-3 visa and admission to the U.S.

When the E-3 employee receives a copy of the LCA, offer letter, and position description, the employee needs to follow the steps below to apply for an E-3 visa and E-3 admission to the U.S.

1. Apply for an E-3 visa.

Individuals who already have E-3 visas that will be valid on the date they arrive in the U.S. do not need to apply for new ones and may proceed to “2. Apply for E-3 admission at a U.S. port of entry” below.

To apply for an E-3 visa, employees 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 visa applications must 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;
  • Australian passport valid for at least six months beyond the LCA end date;
  • Copy of a UH-filed LCA, certified by the U.S. Department of Labor;
  • UH employment offer letter;
  • Documentation that the position qualifies as specialty occupation employment (e.g., UH position description);
  • Proof of eligibility for employment in a specialty occupation (i.e., diploma/transcript showing the requisite degree and/or other credentials and required license); and
  • Any other documents required by the specific U.S. embassy or consulate.

If the E-3 employee has any family members who will come to the U.S. as dependents, they need to follow the E-3 dependent entry procedures.

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

Next, the employee applies for E-3 admission at a U.S. port of entry up to 10 days prior to the start date on the LCA/approval notice and bring the following items to the port of entry:

  • Valid E-3 visa in passport;
  • Australian passport valid for at least six months beyond the LCA end date (if the passport will expire before the approval notice end date, a shorter period of stay may be granted);
  • Copy of the UH-filed LCA, certified by the U.S. Department of Labor;
  • UH employment offer letter or employment confirmation letter from the UH department;
  • Documentation showing the position is in a specialty occupation (e.g., UH position description); and
  • Proof of eligibility for employment in a specialty occupation (e.g., diploma/transcript showing the requisite degree, other credentials, required license, etc.).

Also present E-3 dependent admission documents for any accompanying family members.

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 about the purpose of the visit. These officers have the discretion to admit a person in E-3 status and any family members in E-3 dependent status and may refer them to a more detailed secondary inspection.

When the E-3 employee is admitted into the U.S., all documents must be returned to them. CBP will issue an electronic Form I-94 for each person to access and print at the CBP‘s I-94 website. The Form I-94 printout is proof of admission to and legal immigration status in the U.S.

E-3 employees and E-3 dependent family members need 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 via UH FileDrop to FSIS and update employee’s PeopleSoft record.

After the E-3 employee is admitted into the U.S., send the Immigration Specialist the following documents so we can update our records and check their admission:

  • Completed Contact Information Form;
  • Form I-94 printout from CBP‘s I-94 website;
  • E-3 visa in passport;
  • Passport biodata page (if new/renewed); and
  • Copies of the Form I-94 printout, visa, and passport biodata page for each E-3 dependent (if applicable).

Cancellation of employment

If E-3 employment is canceled for any reason, the HR specialist must notify the Immigration Specialist immediately so we can withdraw the LCA. If we are not timely notified, the department may be required to pay back wages plus interest to the beneficiary.

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Step 5b: USCIS processing

The information in the section applies to situations where an employee will acquire E-3 status via a petition filed with USCIS.

Upon receiving the E-3 petition, USCIS will conduct an initial review to ensure the petition is being timely filed with the appropriate fee. If USCIS determines the petition has been properly filed, it will mail a receipt notice to FSIS, and we will email a copy of it to the HR specialist and employee. Please note the following regarding the different types of E-3 petitions:

Petition typeUH employment
E-3 change of employerUH employment may begin after USCIS approves the petition.
E-3 amendmentChanges to E-3 employment may take place after USCIS approves the petition.
E-3 change of statusE-3 employment may begin after USCIS approves the petition. Employment may begin prior to approval if the beneficiary has another type of valid work authorization.
E-3 extensionEmployment in the same position under the same terms may continue for up to 240 days after the prior authorization’s end date until USCIS renders a decision, provided the petition was timely filed.

Please review important information if employee is traveling abroad while a petition is pending.

USCIS adjudication

Under regular processing, it generally takes USCIS 4-5 months to adjudicate petitions.

If premium processing service is requested, USCIS will act on the petition within 15 business days (“Act on” = approve, deny, request further evidence, or notify of intent to deny). USCIS offers this service for an additional fee, which may be paid only by the department.

While the petition is pending, departments can check its status using the receipt number and view average processing times on USCIS’s case status website.

If the petition is approved, USCIS will mail an E-3 approval notice (Form I-797A or I-797B Notice of Action) to FSIS. FSIS will send the following documents to the HR specialist for distribution:

  • Memo to the employee;
  • Original approval notice for the employee; and
  • Contact Information Form (only for new employees), which the employee needs to complete and return to FSIS after starting employment.

E-3 status automatically begins/continues upon the approval notice’s start date. The employee does not need to leave the U.S. and reenter to begin/continue E-3 employment unless a Form I-797B has been issued. If a Form I-797B was issued, the individual must follow the E-3 entry procedures to begin E-3 employment.

Cancellation of employment

If E-3 employment is canceled for any reason, the HR specialist must notify an Immigration Specialist immediately so we can withdraw the LCA and the petition (if applicable). If we are not timely notified, the department may be required to pay back wages plus interest to the beneficiary.

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