E-3 Australian Treaty Workers

E-3 Visa Overview: Current immigration law makes the E-3 category available to Australian nationals in a “specialty occupation,” that is, a position: “which requires theoretical and practical application of a body of highly specialized knowledge and attainment of a baccalaureate or higher degree or its equivalent [in the specialty occupation] as a minimum requirement.”  

E-3 Employee Qualifications: The E-3 employee must have met the minimum qualifications for the position at the time of applying for an E-3 US Entry Visa.  The Australia-US Free Trade Agreement (AUSFTA) allows a maximum of 10,500 E-3s per fiscal year.

Processing Overview & Application Information

ISSS Processing Times

• ISSS Processing Times: 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. 
• Timely Submission of E-3 Requests: 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.

E-3 Processing Steps

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

Step 1: Wage Determination

• 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. 
• Wage Requirements: 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: Labor Condition Application (LCA)

• 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. 
• Posting Notice of LCA Filing: 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: LCA Certification and Visa Appointment

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

Filing Tips: Digital E-3 Application Process

• Our E-3 application process has now gone digital and 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.

Conditions & Reminders

• Length of E-3 Stay: The E-3 category provides for entry on a non-permanent basis into the US for up to 24 months at a time. 
• Intent to Depart the US: The E-3 status applicant must satisfy the consular officer that s/he intends to depart the US upon termination of E-3 status. 
• Renewal of E-3 Status: The validity may be renewed, provided the E-3 nonimmigrant is able to demonstrate that s/he does not intend to remain or work permanently in the US
• Travel in E-3 Status: E-3 employees should always consult with ISSS before traveling outside the U.S.  Additional information is available in the Travel section of this site.

Conditions of Employment

Period of Employment (in relation to I-94 dates)

• Period of Employment: The E-3 worker’s employment start date will be the LCA start date or the I-94 card start date, whichever is later. 
• End Date of Employment: 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. 
• Discrepancies in I-94 and LCA Dates: Should the dates on the E-3 employee’s I-94 card differ from the LCA dates, immediately contact an ISSS advisor. 

E-3 Employment Restrictions

• E-3 Employment Restrictions: The E-3 is specific to the employer and job/position for an individual E-3 employee.
• Prohibition on Additional Employment: E-3 employment authorized for Penn does not allow employment with another department at Penn, at another location, or for a different employer.
• Consulting ISSS for Employment Changes: 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.
• Travel Requirements for Employment Changes: In some cases, the E-3 and any dependent family members may have to travel outside the U.S. 
• Consequences of Non-Compliance: Please note that failure to consult ISSS may put Penn and the individual employee at risk for sanctions and penalties by DHS or DOL. 
• Honoraria Restrictions: E-3 employees are not allowed to accept honoraria from outside sources.

Change of E-3 Employer

• E-3 Request Packet: 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.
• Ineligibility for Portability Benefit: E-3 employees are not eligible for the Portability benefit.
• Reentry Requirements for New E-3 Employment: 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.

Completion of Employment

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.