E-3D: Family of the E-3

The E-3 employee’s dependents (spouse and unmarried children under 21 years of age) are eligible for E-3D visas. If the family members are abroad, they obtain E-3D visas by presenting the E-3’s approval information and proof of their relationship to the E-3 (marriage certificate for spouse and birth certificates for children) at the US consulate. If the family members currently reside in the US in another visa classification, they can obtain or extend E-3D status by filing form I-539.

E-3D spouses may request employment authorization by filing form I-765 with US Citizenship and Immigration Services (USCIS). They must be in the US and hold E-3D status at the time the I-765 is filed. Although the spouse and children of E-3 employees usually enter as E-3Ds, they are not required to do so. They may enter in other visa classifications for which they qualify, such as F-1, J-1, B-2 or H-1B. Domestic partners not eligible for E-3D status may apply for B-2 visas.