E-3 Visa Information for Australian Nationals at the University of Pennsylvania 

The University of Pennsylvania utilizes the E-3 Australian Treaty Worker in Specialty Occupation category for certain faculty, research associates, and staff positions such as data analysts and research specialists. 

The E-3 visa is available to Australian nationals in specialty occupations, which require theoretical and practical application of highly specialized knowledge and a minimum of a bachelor’s degree or its equivalent. Applicants must meet the position’s qualifications when applying for the E-3 US Entry Visa. The Australia-US Free Trade Agreement (AUSFTA) caps the number of E-3 visas at 10,500 per fiscal year. 

Note: Hiring departments and foreign nationals cannot file their own E-3 cases. 

Processing Overview & Application Information 

ISSS Processing Times: Hiring departments should submit E-3 request materials to ISSS 6-7 months in advance, but no later than 90 days (about 3 months) before the anticipated start date. Delays in submission may affect timely processing. Note that ISSS processing times can vary based on volume. 

E-3 Processing Steps: 

  • Wage Determination: ISSS compares the Department of Labor (DOL) prevailing wage with the actual wage data from the hiring department. The higher wage must be paid. If the wage offer is inadequate, the process must be abandoned or the wage increased. 
  • Labor Condition Application (LCA): After a satisfactory wage determination, ISSS files an LCA with the DOL, affirming compliance with wage and legal requirements.
  • Visa Application: Once the LCA is certified, ISSS notifies the hiring department. The prospective E-3 employee then schedules a visa appointment at a US Consulate/Embassy to obtain the E-3 visa (and visas for dependents, if applicable). 

Filing Tips: 

E-3 requests can be submitted by Hiring Departments through iPenn by:

  • Adding a new case and selecting “E-3” from the Request Type drop down.
  • If the employee is already on your iPenn Case list, the hiring department can click “Begin E-3 employee request” on the individual’s case page in iPenn.
  • Checks will still need to be requested through Accounts Payable.
  • Please save a copy of materials and forms, including checks, submitted to ISSS for your records.

Required Items from the Hiring Department: 

After completing the E-3 Request eform in iPenn, the hiring department must review and submit the supporting documentation and items from the employee listed below as one complete package to ISSS using eform 5. Please save a copy of materials and forms submitted to ISSS for your records.

  • Printable materials from the iPenn E-3 Employee Application
    • E-3 Position Description
    • Actual Wage Worksheet and Declaration
    • Department Request Summary and Understanding of E-3 Employment
    • For initial E-3 for post doc, a copy of the Exception to J-1 Visa Form is needed. Please read more details here.
    • If a staff position, copy of the Human Resources Request for Employment Form
  • If the processing type is LCA with I-129 filing, a check for the application fee, payable to “U.S. Department of Homeland Security” in the amount of $460 is required.

Required Items from the E-3 Employee: 

Refer to the Required Items Checklist for necessary documents.

Conditions & Reminders

Length of E-3 Stay

The E-3 visa allows entry to the US for up to 24 months at a time. Applicants must convince the consular officer of their intent to leave the US upon termination of E-3 status. Renewals are possible if the applicant does not intend to stay or work permanently in the US.

Travel in E-3 Status

E-3 employees should consult with ISSS before traveling outside the US. Additional information is available in the Travel section of the ISSS website. 

Conditions of Employment

Employment Period (In Relation to I-94 Dates)

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.

Employment Restrictions

E-3 status is specific to the employer and position. E-3 employment authorized for Penn does not allow employment with another department at Penn, at another location, or for a different employer. Changes in title, degree requirements, hours, department, location, or duties require consultation with ISSS. E-3 employees cannot accept honoraria from outside sources.

Change of Employer

If changing employers, the Penn hiring department must submit an E-3 request packet to ISSS. The employee cannot start at Penn until the E-3 is approved and they have reentered the US in valid E-3 status.

Completion of Employment

E-3 employees must leave the US on their last day of employment as there is no grace period.

Penn Internal Processing Fees

  • E-3 LCA only: $700(for those traveling internationally to obtain E-3 status)
  • E-3 LCA and I-129 filing with USCIS: $1,810 (for those not traveling)

E-3 Dependents

E-3D Dependent Status

Spouses and unmarried children under 21 of E-3 employees can apply for E-3D status. They do not need to be Australian citizens. 

Obtaining E-3D Status

US Entry Visa

Apply at a US Embassy or Consulate (citizens of Canada and Bermuda are exempt). Upon entry, present the E-3 holder’s immigration documents, passport, and Entry Visa at the US Port of Entry.

Change of Status

Apply within the US. Consult an ISSS advisor for details.

Employment Authorization

E-3D spouses can apply for work authorization (EAD) from USCIS after entering the US and holding E-3 status. Refer to the E-3D Spouse Work Permission section for more details. 

Study in the US

E-3D dependents may study in the US if their primary purpose is to accompany the E-3 holder.

Their study duration is tied to the E-3 holder’s period of stay. 

Extension of Stay

The E-3 holder’s status duration is on the I-94. E-3D dependents can apply for an extension along with the E-3 holder at least 90 days (about 3 months) before the current end date. 

Age Limit of Children

Children cannot hold E-3D status after turning 21.