What Happens When You Are Fired on E3 Visa?

what happens when you are fired on e3 visa

Australian professionals working on E-3 visas in the US need to understand that losing their jobs could have serious immigration ramifications if they ever decide to return home – it’s imperative that they become acquainted with all of the rules and timelines surrounding such events before it happens to them!

If you lose your job while on an E-3 visa, you have 60 days to find another employment position – during which time, any roles or locations that vary from the previous employment would violate its status and result in its invalidation.

E-3 visa holders must continue working for their employer that sponsored them in the US, or it would constitute a violation of your visa status, potentially leading to your removal from or deportation from the US.

Relocating while holding an E-3 visa may be possible, though the process can be lengthy and cumbersome. Your new employer must first file a Labor Condition Application (LCA) with the Department of Labor to certify their position meets E-3 program criteria; once approved by them you can then apply through USCIS or at an American Consulate abroad to change employers.

Applying for a new position through USCIS can take many months and may require you to leave and reenter via an E-3 visa stamp at a US Consulate abroad in order to meet minimum residency requirements. If terminated while on an E-3 visa, petitioning process for USCIS becomes more complex, leading to longer stay periods within the country.

If you find a new employer within the 60-day grace period, your E-3 visa can be transferred and employment begun immediately. Just make sure that they filed with USCIS or at a consulate prior to your start date for an E-3 visa application.

Your new employer must submit both a certified copy of your LCA and Form I-94 in order to transfer your E-3 status. Alternately, you could transfer to another nonimmigrant visa category while in the US such as H-1B; however, this would require much more effort and work than simply changing visa categories. Unless your current employer can sponsor you, it is likely that in this instance you will need to leave the US and apply for an E-3 visa at one of its Consulates abroad. At first glance, this option seems ideal; not being bound by one company as rigidly as an E-3 visa makes the process less burdensome and time consuming. Unfortunately, though, changing one of your visa categories while in the US can still be complex and time-consuming; to ensure an easier experience it would be wise to seek advice from an experienced immigration attorney prior to changing any category of your visa status.