• To allow for sufficient government processing time, hiring departments should submit E-3 request materials to ISSS for a prospective E-3 employee 6-7 months in advance but no later than 90 days prior to the anticipated start of E-3 employment. 
• If a complete E-3 request packet is not submitted to ISSS in a timely fashion, ISSS cannot guarantee that the application will be processed and/or filed in a timely manner or at the requested time.
• Please note that ISSS processing times may vary depending on volume.

All E-3 applications, including extensions and amendments, require three steps:

Step 1:

ISSS must first obtain an “E-3 required wage” by comparing the prevailing wage determination from the Department of Labor (DOL) to the actual wage data provided by the hiring department.  An E-3 employer is required to pay the higher of the two wages. If Penn’s wage offer is found to be inadequate, the E-3 employee’s wage must be increased, or the E-3 process for the position must be abandoned.

Step 2:

After receiving a satisfactory prevailing wage determination, ISSS files a Labor Condition Application (LCA) with DOL affirming that Penn will meet the prevailing wage and other legal requirements of the E-3. 

The hiring department will be asked by the ISSS advisor to post a notice of LCA filing for 10 consecutive business days at a conspicuous place. The posting will not delay the E-3 processing.

Step 3:

After receiving LCA certification, ISSS will notify the hiring department to pick up the certified LCA.  The prospective E-3 employee will make a visa appointment at a US Consulate/Embassy to obtain an E-3 visa (and E-3D visas for his/her dependents, if applicable). 

Filing Tips

• Hiring departments must review and submit both department and employee forms and supporting documentation listed below as one complete package to ISSS. Please save a copy of materials and forms, including checks, submitted to ISSS for your records.
• Copies should be single-sided and on 8 ½ x 11” paper. Please do not use staples.

After completing the online form, the hiring department must review and submit the supporting documentation and items from the employee listed below as one complete package to ISSS. Please save a copy of materials and forms submitted to ISSS for your records.

• Printable materials from the iPenn E-3 Employee Application (available on form (4) after the application is completed)
  • E-3 Position Description
  • Actual Wage Worksheet and Declaration
  • Department Request Summary and Understanding of E-3 Employment
  • For initialE-3 for post doc, a copy of the J-1 Postdoc Policy waiver/exception approval notice
  • Copy of HR-1/2 form if staff position
• If the processing type is LCA with I-129 filing, please also include a check for $325 payable to "U.S. Department of Homeland Security". To avoid danger of checks expiring, checks should be valid for at least 75 days after submission to ISSS.

The department should obtain the following items from the employee to submit to ISSS.

• Current curriculum vitae of individual
• Photocopy of individual's diploma (of degree required for position)---please reduce copy to fit on 8 1/2 x 11" paper
• An official or attested translation if the diploma is not in English
• A credential evaluation if the degree is not from a US institution---recommended (Note: USCIS may request this)
• Any licenses, certificates, or other special documentation required for the position.
• Additional documentation for Health Care Workers:
  • If the position is for a physician with clinical responsibilities who is a Foreign Medical Graduate, provide copies of Steps 1, 2 and 3 of the individual’s USMLE scores, ECFMG English language certification, and valid Pennsylvania medical license.
  • If the position is for a registered nurse, provide a copy of the individual’s valid Pennsylvania RN license and certificate from the International Commission on Healthcare Professions division of CGFNS (Visascreen), certifying that 212(a)(5)(C) INA/8 CFR 212.15(f) requirements have been met.
    
    *There may be other special requirements for other health care worker positions, such as language pathologist or physical therapist. Please consult ISSS in such cases.
• Photocopy of passport page(s) showing photo, biographical data, issuance date, and expiration date
• If individual is in the United States, photo copies of Form I-94 and supporting immigration documents (single-sided copies, please)
• If the processing type is LCA with I-129 filing, please also include the following:
  • Valid I-94 card, front and back (if issued paper I-94) or I-94 printout or US entry/admission stamp in passport (if issued electronic I-94)
  • Supplemental documents if currently holding one of the following nonimmigrant statuses:
    • F status: Copies of current and all previous I-20 forms, pages 1 and 3 (single-sided copies) and Employment Authorization Document (EAD) if authorized for F-1 Optional Practical Training
    • H status: Copies of current and all previous approval notices (form I-797). 2-3 most recent pay stubs
  • If you currently hold or have ever held J status: Copies of current and all previous DS-2019 (and IAP-66 forms (front and back), if applicable)---if the individual has ever been subject to 212(e) "two-year home residency requirement and has either fulfilled the requirement or had it waived," submit evidence of a waiver or of having fulfilled the requirement. If J-2, include copies of current and all previous EADs.

If the processing type is LCA with I-129 filing and if the employee is in the US and has a spouse or unmarried children under 21 in the US for whom dependent E-3D status is required, the department should obtain the following and submit with the E-3 request packet:

• Form I-539, signed by the main E-3D dependent --- available at http://www.uscis.gov/forms
• Government filing fee for Form I-539 -- http://www.uscis.gov/forms  (A separate check payable to “Department of Homeland Security” must be written for the I-539 application fee, not to be combined with the E-3 I-129 filing fee)
• Copy of valid I-94 card (whether a hard-copy, paper card; or electronic and indicated by an admission/entry stamp in passport)
• Copy of initial entry stamp in E-3D status from passport or I-94 card, if applicable
• Copy of passport page(s) showing photo, biographical data, issuance date, and expiration date
• Copies of currently and previously issued documents for current status (i.e., I-797 notices for H, DS-2019(s) for J, or I-20 for F)
• List on a separate sheet, a detailed chronological history of each E-3D dependent’s prior and current stay in the US. Provide the dates and specify each status (e.g., Hiroshi Au, 11/20/2004 – 03/13/2006 in J-2 status & 03/14/2006 – present in E-3D status).
• For spouse, copy of marriage certificate (recommended)
• For child(ren), copy of birth certificate (or other legal papers) confirming E-3 as parent (recommended)

Special Instructions for Completing Form I-539

• Part 1 of form I-539 “Information about you” is to be completed by the family member (spouse or child) who is currently in the United States and extending/changing to E-3D status. If there is more than one family member extending/changing to E-3D status, additional members should be listed in “Attachment -1.”
• Part 3, Number 1—enter same date as E-3 request end date.
• Incomplete, inaccurate, or unsigned applications or checks may result in rejection of application by USCIS—contact ISSS if you have any questions.

• The E-3 category provides for entry on a non-permanent basis into the U.S. for up to 24 months at a time. 
• The E-3 visa applicant must satisfy the consular officer that s/he intends to depart the US upon termination of E-3 status. 
• The validity may be renewed, provided that the E-3 nonimmigrant is able to demonstrate that s/he does not intend to remain or work permanently in the U.S.

• The E-3 worker’s employment start date will be the LCA start date or the I-94 card start date, whichever is later. 
• The E-3 worker’s last date of employment will be the LCA end date or the I-94 card end date, whichever is earlier. 
• Should the dates on the E-3 employee’s I-94 card differ from the LCA dates, immediately contact an ISSS advisor. 

• The E-3 is specific to the employer and job/position for an individual E-3 employee.
• E-3 employment authorized for Penn does not allow employment with another department at Penn, at another location, or for a different employer.
• Consult ISSS prior to any changes in the individual’s employment, such as change in title, academic degree required for position, number of hours worked, department, location, or position duties.
• In some cases, the E-3 and any dependent family members may have to travel outside the U.S. 
• Please note that failure to consult ISSS may put Penn and the individual employee at risk for sanctions and penalties by DHS or DOL. 
• E-3 employees are not allowed to accept honoraria from outside sources.

E-3 employees should always consult with ISSS before traveling outside the U.S.  Additional information is available at our Travel website.

• If an individual is already in the U.S. in E-3 status but is sponsored by another employer and wishes to start employment at Penn, the Penn hiring department must submit an E-3 request packet to ISSS.
• E-3 employees are not eligible for the Portability benefit.
• The individual must not begin working for Penn until Penn’s E-3 is approved and the E-3 individual and dependent family members have left the U.S. and reentered in valid E-3 and E-3D statuses respectively.

Unfortunately there is no grace period for the E-3 employees.  So, the individual is expected to leave the US on the last day of employment.

• The spouse and unmarried children under 21 years of age of E-3 employees may apply E-3D status.
• The spouse and children need not be Australian citizens.  
• To obtain E-3D status, a dependent must either:
  • Apply for an E-3D visa stamp at the US Embassy or Consulate overseas (except Canadian citizens). Upon entry to the US, dependents must present a copy of  E-3 status holder’s immigration documents, his/her passport and his/her E-3D visa stamp (accompanied by any supporting documents) at the US Port of Entry in order to gain E-3D status; or
  • Apply for a Change of Status in the US.  Please meet with an ISSS advisor for further details.
• E-3D dependent spouses are eligible to apply for employment authorization from the USCIS, allowing him/her to work in the US once the Employment Authorization Document (EAD) is approved.  E-3D status holders may only apply for an EAD after entering the US and holding E-3 status.
• E-3D dependents may study in the US, as long as their primary purpose in the US is to accompany the E-3 status holder. However, the duration of their study depends on the E-3’s period of stay.
• The duration of the E-3 status holder's status is stated on the I-94 card.  If the E-3 is eligible and applies for an extension of stay, the E-3D dependent may apply for an extension along with the E-3 status holder at least 90 days prior to the current E-3 end date.
• A child may not continue to hold E-3D status upon reaching his or her 21st birthday.

E-3D spouses may apply to the US Citizenship and Immigration Services (USCIS) for permission to work in the United States. 

• All applications for the Employment Authorization Document (EAD) must be submitted to USCIS.
• The USCIS can take 2 to 3 months to process the EAD.  E-3D’s work may begin only after the E-3D has received the approved EAD card and during the EAD validity period. 
• E-3D holders can only apply for work permission after they have entered the US in E-3D status or have successfully changed their visa status to E-3D within the US.
• They are valid for any kind of full-time or part-time employment for the period stated on the card as long as the E-3 employee is maintaining status.
• To apply for an EAD extension, follow the same instructions below. Processing time for renewals is also 2 to 3 months.

Application Materials

To apply for E-3D work permission, you need the following:

• Completed USCIS Form I-765 with “(c) (5) ( )” noted in section 16.
• Copies of both E-3's and E-3D's
  • I-94
  • the visa used for last entry into the U.S. (except for citizens of Canada and Bermuda)
  • I-797 Approval Notices, if any
  • Copies of the identification pages of both passports, including the photo page

• I-765  Application Fee, payable to the U.S. Department of Homeland Security
• Two identical color passport style photographs. Immigration regulations require that your head be uncovered unless you wear a headdress for religious reasons.  Print your name lightly in pencil on the back of the photos.
• If you have applied for an EAD before, copies of your previous EAD card(s) - front and back
• A letter stating why income is necessary. See the Sample cover letter below.
• To send your application, see the Mailing Instructions below.