E-3 Visa
Overview
It is your responsibility to understand and comply with the terms of your visa during your stay in the U.S. A violation of the immigration regulations could have serious consequences. Keep the following in mind:
- Address Change - You must notify USCIS of all home address changes using Form AR-11. Additional information about Form AR-11 is available on our website.
- Employment - Your hospital-sponsored E-3 does not allow you to work for any other employer, including other hospitals within the Partners Healthcare network. In most cases, the Partners Office for International Professionals and Students (PIPS) must file a new Labor Condition Application before you are authorized to accept a new position. See the "Transfer" section below for information about changing employers.
- Departing the U.S. - Because the E-3 is an "employment-based visa," your lawful status in the U.S. ends when your paid employment ends.
- Pay your Taxes - You are required to file a yearly tax return with the Internal Revenue Service (IRS). See more information on this website about taxes or contact the IRS at www.irs.gov for more information.
- Travel Within the U.S. - If you travel by air, train, bus or ship within the United States, you may be required to show your passport and I-94 when boarding. Keep photocopies of your passport and I-94 record in a separate location from the original documents. Photocopies are not substitutes for the original documents, but can make replacing them a bit easier in the event that they are lost or stolen.
E-3 Visa
Extensions
There is no limit on the total length of stay for an E-3; however, the E-3 visa is not intended to lead to permanent residency and you must prove that you intend to leave the United States upon the termination of your E-3 status. With your E-3 visa, you may be admitted initially for a period up to 2 years, and extensions of stay may be granted indefinitely in increments of up to 2 years.
E-3 visa status can be renewed on an indefinitely if:
- You continue to have an employer in the United States and will remain in a specialty occupation
- A valid Labor Condition Application (LCA) remains in place
- You do not intend to remain permanently in the United States
How to Extend E-3 Visa Status
You have two options to extend your stay:
- You may obtain a new E-3 visa at a U.S. Embassy/Consulate with the same documentation that is required for an original application. Most E-3s extend their visa status in this manner. If you are applying for an extension of your visa abroad, you should depart the U.S. with all of your E-3D dependents and they must also obtain new E-3D visas in their passports.
- The PIPS office may file Form I-129 with USCIS. This option does not require you to leave the U.S., but requires a USCIS fee of $460 and can take 2 to 5 months. Continued employment is authorized with the same employer for up to 240 days for E-3 nonimmigrants whose status has expired while their employer’s timely filed request for an extension of stay remains pending. Since processing times are volatile and there is no Premium Processing (expedite service), most E-3s do not pursue this option. Ask your department to inquire with our office if you would like more details.
Contact your employing department to begin the extension process. All visas process by our office are employer-dependent and your hospital department must act as the liaison with our office.
Transfers
Do not stop working at your current job unless your new employer’s international office or immigration attorney indicates it is permissible for you to end your current position.
Read More...There are 2 methods to transfer E-3 visa status:
- You leave the U.S. and reenter according to your new employer's instructions; OR
- Your new employer may complete a transfer process through the USCIS, which is usually a lengthy process. The new employer's international office or immigration attorney will provide you with additional transfer instructions.
Your Family Dependents
Your legally married spouse and unmarried children under 21 years old are eligible for E-3D visa status. E-3D spouses are eligible for work authorization.
Read More...Work Authorization
Overview:
- Employment authorization may be granted to E-3D spouses for reasons such as self-fulfillment, personal experience, to experience American culture, etc.
- Work authorization is NOT intended to help provide financial support for the basic living expenses of the primary visa holder and/or the family.
- If the spouse's income appears to be needed to support the family, USCIS will not authorize the work permission because sufficient family funding should have been verified prior arrival in the United States.
How to Apply for Work Authorization:
- The employment authorization application Form I-765 and instructions can be found on the "Immigration Forms" section of www.uscis.gov.
- Form I-765 can be submitted after the spouse has arrived in the U.S.
- Once the spouse has submitted the work authorization application to USCIS, the dependent spouse can then travel internationally while the work authorization application is pending.
- USCIS usually takes 1 to 3 months to issue the Employment Authorization Document (EAD) depending on USCIS volume. USCIS will send the EAD to the address listed on the I-765 application.
- EADs are normally issued for 1 year at a time, so it is best for spouses to submit any EAD extension requests at least 4 months before the EAD is due to expire.
- You can also Contact Us to request more detailed work authorization instructions.