Change in Employment Status
Because the E-3 is a “job-specific” visa, any change in the terms and conditions of employment must be reported to International Scholars Operations (ISO) and may require approval of US Citizenship and Immigration Services (USCIS) before the change can occur. In most cases the UW must file a new E-3 petition to notify USCIS of a change in a person’s title or a material change in their duties. Please contact ISO well in advance of the proposed change.
Change of UW department
A change of department may necessitate the UW filing a new E-3 petition with USCIS. The University may be able to avoid this if: 1) the appointment title does not change, 2) there is no gap in paid employment, and 3) the employee is not receiving a reduction in pay. Contact ISO for additional information.
On leave status
An E-3 generally maintains lawful visa status in the U.S. only when maintaining paid employment. Before approving an unpaid leave for an employee in E-3 status, contact ISO.
Outside professional activities
UW employees in E-3 status may have occasion to give lectures at other institutions or conferences. They cannot receive honorarium or other monetary or material gain for such activities, although reimbursement for travel and reasonable expenses is allowed.
Resignations & terminations
Notify ISO in writing of an E-3 employee’s resignation or termination date. ISO will then inform both the Department of Labor and USCIS that the employment has ended. A grace period of up to 60 days may be available from the Department of Homeland Security, but is not automatic or guaranteed. If the E-3 worker is interested in this grace period, they should contact a private immigration attorney to discuss.
Change of employer
The new employer must file a petition with USCIS before the E-3 terminates employment with the current employer. Alternatively, the E-3 may depart the US and re-enter under the sponsorship of the new employer as described in how to sponsor an Australian E-3 professional.