What Happens When You Are Fired on E3 Visa?

The E-3 visa is an attractive choice for Australian professionals seeking work in specialty occupations within the United States. While not an immigrant visa, its status allows non-immigrant workers to switch jobs without needing labor certification from the Department of Labor (DoL). Like any work visa however, E-3’s come with certain obligations such as that if an employer terminates someone holding one under E-3 status while holding such visa – should any such termination occur while still on an E3 visa their employer must cover reasonable return transportation costs back home should this occur during any such termination process.

An E3 visa worker who has been fired can become distraught over how to return home or find another job, so the government provides them with a grace period to stay legally in the US while looking for work or finding other means of staying legally present in it. This grace period lasts 60 days from when they first found out they had been laid off and can help ease their anxieties about being back where they started or finding another visa program job.

This grace period applies whether a company made their termination voluntary or involuntary and can only be utilized once during any approved nonimmigrant validity period. E-3 visa holders cannot apply for extensions or changing employers while within this grace period as it could jeopardise their immigration status.

Employees must inform their employer in writing of their intention to terminate employment and provide proof of ties to Australia in order to gain approval from DoL and USCIS for an extension or transition visa while still maintaining E-3 status. Otherwise they risk becoming an unauthorized overstay and being deported.

If a person currently living outside of the US wishes to remain, another option would be applying for an E-3 visa at a consulate abroad. This process requires employers to submit new LCAs and fulfill all PAF requirements before scheduling an interview at a Consulate abroad; however, this option often speeds up proceedings by eliminating a Change of Status petition with USCIS and any delays involved with processing delays.

Applying at a Consulate may also be more cost-effective than filing for change of status with USCIS as there won’t be filing fees associated with such cases.

USCIS recently implemented a policy allowing E-3 visa applicants to pay an enhanced processing fee in order to reduce processing times from months to weeks; however, this does not guarantee approval of their petitions. Therefore, it is wise to consult an experienced immigration attorney in order to identify their best course of action for individual cases.