E-3 Visa – Change of Employer

E-3 visa holders can quickly and effortlessly switch employers while keeping their work status intact in the US by filing an I-129 petition with USCIS.

E-3 professionals may change jobs while remaining in the United States thanks to its visa-based nature; unlike other employment-based nonimmigrant visas.

Eligibility

To be eligible for an E-3 visa in the U.S., one generally must possess a job offer from an employer located within its borders, submit a Labor Condition Application (LCA), which is similar to what H-1B applicants must submit, provide evidence of your bachelor’s degree or equivalent experience and present all supporting documentation required of H-1B applicants. Once these requirements have been fulfilled, an I-129 Form should be filed at either an U.S. embassy or consulate and submitted with all supporting documents in order to apply for an E-3 visa at either place of their intended destination.

Applying for an E3 visa can be a complex and time-consuming process, dependent upon various factors like which petition type to file and type of work authorization sought – some petition types such as change of status can be processed more rapidly than new-hire petitions.

E-3 professionals may transfer to another company, but before starting work they must file for a new LCA and petition with USCIS within 60 days after either their current employment has ended or 60 days have elapsed (whichever comes first).

The E-3 visa has an easy application process, but applicants must gather several vital documents beforehand. They should include copies of their LCA certification as well as evidence of having attained their bachelor’s degree or equivalent experience in their field of specialty. Finally, they must present a letter from their US-based employer detailing how the job fulfills all requirements set forth for this visa application process.

Job Requirements

Employers seeking talented Australian citizens should consider applying for an E3 visa as it has several advantages over H1B, such as lower costs and quicker processing times. Furthermore, it provides easy transition between jobs while also permitting spouses and children to join the visa holder in the United States.

To be eligible for an E3 visa, Australian citizens must meet certain criteria in their job offer in the US. Their employer must submit a letter detailing specific tasks you will perform as well as qualifications and salary offers, with proof that their person responsible has signed and sent it with an accompanying copy of your passport.

If you hold a Bachelor’s degree, your employer must also demonstrate it meets the prevailing wage for your occupation and file Form I-129 to sponsor your application for an E3 visa – these documents require more attention and detail than traditional job offers; ISO can assist in creating letters which address these requirements more directly than typical offers of employment letters.

Employer Requirements

E-3 visa status is determined by your employment terms, so it is crucial that the initial petition and Labor Condition Application (LCA) clearly articulate your employment terms. For instance, your LCA should state that no qualified US worker could be found for your position and that a fair salary will be offered; you also need to meet specific academic and occupational criteria – for instance a bachelor’s degree is typically required in your field of work; professional experience may sometimes suffice instead.

If you are already living in the US and wish to switch employers, USCIS requires that a new LCA and amended petition be submitted. If your current employer terminates you for any reason (voluntary or involuntary), 60 days should be allotted before having to reapply at a Consulate abroad for another visa application.

Some individuals choose to avoid the hassle of changing employers by applying for their visa at a U.S. Consulate in their home country. While this option might seem preferable, as it requires traveling out and back in again; moreover, your petition will be scrutinized more closely by the Consulate than when filed through a service center in the US.

Documents

E-3 visa holders in the US may switch employers while in residence, providing they remain within their field of specialty and the new job meets all visa requirements. To do this, an LCA (Labor Condition Application) and Change of Employer petition should be filed along with any changes of employer petition submitted; USCIS will review your job description to make sure it satisfies these criteria as well.

Before moving from one job in your specialty to the next, a new Labor Condition Application (LCA) must be submitted as proof. This document shows you have all the qualifications to do the work in question and that it satisfies all E-3 visa requirements. In addition, the new employer must pay you at least the prevailing wage; their letter verifying these details must also be provided to confirm these details.

Your new employer must file Form I-129 and Labor Condition Application with the Department of Labor to certify that you will receive a fair prevailing salary and that no similar worker could be found in the US market.

An I-765 form must also be filed for renewing/extending employment authorization, which allows you to extend your visa by two more years and allows spouse and children to work.