Extension of E-3 Status
There is no limit on the number of years an Australian national may hold E-3 status. Initial admission as an E-3 can be up to two years; extensions of stay are granted in up to two-year increments. Although regulations do not limit the duration of E-3 status, the E-3 is a nonimmigrant status and does not permit “dual-intent” (intent to immigrate). It is intended for temporary employment only.
E-3 beneficiaries may obtain a new period of E-3 admission at a US consulate overseas, or may extend E-3 status by having International Scholars Operations (ISO) file an extension request with USCIS. Extension requests may be filed as early as six months before the current stay expires, and should be filed as far in advance of the E-3 expiration as possible. Individuals with E-3 status are not permitted to continue working while the E-3 extension application is pending unless the current stay remains unexpired.
In either case, the department should submit a UW H Visa Request Form following our Visa Request Instructions. ISO then prepares a new Form ETA 9035 Labor Condition Application (LCA) and sends it by e-mail to the department, along with a Notice to Employees, and a Posted Notice Verification. The LCA and Notice to Employees must be posted in a conspicuous location for ten business days, after which the department should complete the Posted Notice Verification and return it to ISO. Once the verification is sent, ISO will send two copies of the certified, signed LCA; the department should retain one of these for its records and give the other to the E-3 employee
If extending the stay through USCIS, ISO prepares a new Form ETA 9035 Labor Condition Application (LCA) and Form I-129.
USCIS sends Form I-797A “Approval Notice” to ISO as notification of the decision on the extension request. ISO forwards the Notice to the hiring department. The department then updates the I-9 Employment Eligibility Verification Form following instructions from the Integrated Service Center (ISC). The department gives the original full-page notice to the beneficiary and retains a full-page photocopy for department records.