How to Transfer E3 Visa to New Passport

The E3 visa is an employment-based nonimmigrant work visa for Australian citizens seeking temporary work in the US. It serves as an attractive alternative to the H1B for professionals with years of relevant work experience sponsored by their employer and sponsored for extensions by them or their spouses, though there may be restrictions and requirements that must be fulfilled to receive one.

Recent changes to the E3 visa have made transitioning between employers much simpler for Australians with this status. Before this modification, foreign nationals in E-3 status could only change jobs by leaving the US and applying at a US Consulate abroad for another visa; this required filing a complex application, submitting a Labor Condition Application form and attending an interview at that consulate.

Now, with E3 visa changes like premium processing and work authorization for spouses, this process has been significantly streamlined. When switching employers on an E-3 visa, the new employer must submit a new petition with USCIS that proves the position meets “specialty occupation” qualifications; they should include at least a bachelor’s degree and three years of relevant work experience as minimum requirements.

A successful new petition must demonstrate that an employer possesses sufficient resources and can pay the prevailing wage rate for E-3 positions, in addition to showing there were no strikes, lockouts or work stoppages at the time of filing.

Once a new petition is submitted to USCIS for consideration, they will grant it and send an I-797C notice of approval directly to them. Within 90 days after receiving this document they may travel outside of the US, return, and obtain another visa at a consulate in their home country.

As is true with all visa applications, to increase your odds of success when applying for an E3 extension requires meticulous preparation and planning. Hiring an experienced immigration attorney such as Feldman Feldman & Associates PC to guide through this process can be invaluable; contact an E3 visa lawyer now for more information on how we can assist your case!