E-3 Visa Termination of Employment

e3 visa termination of employment

E-3 visa holders may switch jobs or “transfer” within the US and keep their legal status, so long as they submit a new LCA with an amended petition or apply for another E-3 visa through one of our consulates.

One of the primary advantages of an e3 visa as opposed to other work visas such as H1B is its flexibility.

Employer’s Notice of Termination

Employers must provide written notice to any employee whose employment has been terminated, detailing the date and including a statement that states they will receive any unearned vacation days or benefits that were earned prior to termination date. Furthermore, notice must include confirmation from their company that any contributions they are currently making towards health or other welfare benefit plans will continue after they cease employment with them.

Employers should consult legal counsel in order to draft effective notices of termination. Employers should ensure that these notices clearly and accurately outline any legal issues, such as potential discrimination or retaliation claims, that may arise during termination proceedings. Employers should also avoid engaging in activities which might be perceived as constructive termination; for instance, making significant or adverse changes to employee terms and conditions of employment such as altering work location, hours, authority or position changes could constitute constructive termination and subject the employer to liability under ESA.

Once an employee is informed of their termination, it’s important to arrange to meet with their manager or head of department and go over final details and collect any documentation which must be returned. Furthermore, employees should inquire with them as to any additional compensation that might be due or company property which needs returning.

Notice to USCIS

As an E-3 professional, leaving employment can be both stressful and nerve-wracking. To ensure a seamless transition, it’s essential that you understand all of the rules and timelines associated with maintaining your visa status; by understanding these, you can plan in advance for maintaining it.

E-3 visa holders enjoy a grace period when their employment terminates, giving them time to find another job and transfer their status. Notifying USCIS of your termination can be done by writing directly to the service center that adjudicated your petition – it’s also important that you retain a copy of both letters as proof.

E-3 visa holders must also keep a detailed record of their work history to preserve status. Any changes in title, duties, hours per week/FTE wage or place of employment must be reported prior to taking effect and substantial modifications may necessitate filing a Department of Labor petition with USCIS change of nonimmigrant status petition before becoming effective. Furthermore, E-3 classification does not permit dual intent; any intentions to pursue permanent residency must be abandoned prior to termination of employment.

Notice to UW University

The University has the right to review your educational records within 45 days from receiving your request for access. In order to do this, submit a written request directly to either registrar, dean, or head of academic department with details regarding which records you would like inspected and when and where this can be done. School official will arrange access and notify you when/where to access them.

The E3 visa allows US employers to hire Australian nationals with up to two years of work experience in specialty occupations that require at least a bachelor’s degree or its equivalent, for up to two years at a time in specialty jobs that meet this standard. Furthermore, this visa may be renewed indefinitely while permitting their spouses to obtain Employment Authorization Documents that allow lawful working in the US.

When entering the United States, it is vital that you present both your valid US passport and E-3 visa stamp for inspection. Furthermore, you should bring both an LCA support letter from your employer as well as an LCA certification form – this will ensure that a US Customs and Border Patrol agent does not deny your entry based on concerns over your status.

Faculty who leave through resignation must give notice as soon as possible, following any procedures specified in their contract or collective bargaining agreement, and giving their supervisor a copy of their resignation letter.

Notice to ISO

The E-3 visa is issued exclusively to Australian nationals entering the US to engage in specific employment. An E-3 worker may only work for their employer as stipulated in their labor condition application (LCA) form; ceasing work or moving between companies would constitute an unlawful violation of laws governing this visa status.

To change employers on an E-3 visa, a foreign national must notify ISO. They will need to provide documentation from both their former US employer and new US employer including LCA documents from both as well as copies of passport identity pages (with port of entry stamp if applicable), their port of entry stamp page (if VWP or visa holder), DS-2019 forms, etc.

ISO will review the information and make a written determination as to whether this transfer is warranted and will not interfere with their original objective. Once this transfer has been approved, ISO will record its details in SEVIS (the US government database that maintains information about exchange visitors during their stay in the US) as well as list it on Form DS-2019 for their revised employment arrangement. In addition, ISO may request that foreign nationals complete and pay a UW Form 1007 Fee in order to cover processing costs.