E-3 Packet

E-3 Nonimmigrant Employment Authorization: Australian Nationals employed in Specialty Occupation

Overview of E-3 Status
Application Process
On-going Responsibilities for Departments and Employees in E-3 Status

Overview of E-3

Purpose of E-3 visa category: This type of employment authorization is for temporary employment for citizens of Australia to work in the United States in specialty occupations.  Permanent residents of Australia are not able to apply to work pursuant to an E-3. This category is regulated by the United States Citizenship & Immigration Service (USCIS). E-3 status is available for faculty, postdoctoral and staff positions.

When to contact OIS:The hiring department should contact OIS as soon as an offer of employment is made to a foreign national who is a citizen of Australia needing work authorization, if not sooner. Although OIS will process each E-3 application as quickly as possible, our office ideally needs at least six weeks notice for any new E-3 applications. If the foreign national is currently outside the US , time must also be allowed for employees in Australia to obtain a visa at the US consulate or embassy to enter the US .

PLEASE NOTE: If E-3 petition is filed for within the U.S. processing times at the USCIS vary and change without notice; therefore, it is best to speak directly with a member of OIS to determine the current processing time applicable for each new E-3 application.

Is the employee’s intention to remain in the United States an issue for visa issuance?

Dual intent is NOT allowed in E-3 status (e.g., a person may NOT apply for permanent residency directly from E-3 status and continue to extend E-3 status until permanent residency is approved). Employees interested in permanent residency should contact a member of OIS to schedule an appointment. Qualifying for E-3 status:Citizens of Australia may work in the U.S. in E-3 status under the following conditions:

• Possess required academic or other qualifying certificates (i.e. at least a Bachelor's degree and depending on profession, USMLE tests, Master's or Ph.D. diplomas, transcripts, etc.)
• Have a lawful of employment for Vanderbilt un the U.S.;
• Position they are coming to fill in the U.S. qualifies as a specialty occupation
• Stay in the U.S. will be temporary
• May need to have additional necessary licenses or other official permission to perform the specialty occupation

Applying for E-3 visa:

Citizens of Australia need a valid E-3 visa to enter the U.S. Australian citizens who qualify for an E-3 visa may apply at a consular section in Australia . As part of the visa application process, an interview at the embassy or consulate is required for most visa applicants.  Applicants for an E-3 visa will need to schedule an appointment to attend the interview. As part of the visa interview, an ink-free, digital fingerprint scan can generally be expected. The waiting time for an interview appointment for most applicants is a few weeks or less. However, there are some consulates where the wait times can be much longer. Visa wait times for interview appointments and visa processing time information for each U.S. Embassy or Consulate worldwide is now available on the following website: Visa Wait Times, and on most embassy websites.  Visit the Embassy Consular Section website where you will apply for a E-3 visa to find out how to schedule an interview appointment, pay the fees and any other instructions.

Applying for E-3 at a U.S. Embassy or Consulate abroad:

Citizens of Australia can apply for an E-3 visa at a U.S. embassy or consulate abroad. In general, they will need to bring the following forms, documentation and fees to their E3 visa appointment:

•  An application, Nonimmigrant Visa Application, Form DS-156, completed and signed. The DS-156 must be the March 2006 date, electronic "e-form application."   Select Nonimmigrant Visa Application Form DS-156 to access the electronic version of the DS-156. 

•  Supplemental Nonimmigrant Visa Application, Form DS-157 provides additional information about travel plans. Submission of this completed form is required for all male applicants between 16-45 years of age. It is also possible that a consular officer may require any nonimmigrant visa applicant to complete this form. The link to this form is: Form DS-157.

•  A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States.

•  One (1) 2x2 photograph. See the required photo format explained in Nonimmigrant Photograph Requirements. A photograph is not required if you are applying in Mexico .

•  Letter of employment from Vanderbilt stating the terms of employment and the specialty occupation that is being filled  

•  In addition, nonimmigrants must also prove that their stay is a temporary period that has a reasonable, finite end that does not equate to permanent residence. Therefore, the consular officer may ask the nonimmigrant to prove ties to their home country by providing evidence of property owned, bank account statements, family ties, business ties, etc.

•  Copy of LCA that is submitted to the Department of Labor here in the U.S.

Apply with USCIS in the U.S for Extensions/Transfers of E-3 Status:

•  Applicants may also apply for extensions and transfers of E-3 status through the USCIS here in the U.S. This process is very similar to that prepared for an H-1B. Once the documentation has been received from the department and foreign national, the petition is sent to the USCIS and under regular processing can take 3-4 months to be adjudicated. At this time, E-3 petition can not be adjudicated through premium processing.

Is direct patient care permitted?

Physicians /Clinical Fellows/Residents:
For employment requiring direct patient care, a physician who is a graduate of a foreign medical school must have passed steps 1, 2 & 3 of the USMLE, parts 1 & 2 of the FLEX exam OR parts 1, 2 & 3 of the NBME certifying exams. The physician must also have the required licensure for Tennessee . Please consult the Office of Graduate Medical Education for further information concerning licensure requirements for Residents and Clinical Fellows. Possible exception exists if patient care is “incidental” to research or teaching (OIS will make this determination on a case-by-case basis).

E-3 status is NOT available if a physician is currently in J-1 status, is subject to the two-year home residency requirement and has not obtained a waiver of that requirement.

Nurses:
E-3 is not available for nurses unless the position requires education or credentialing beyond that normally required for entry into the profession. OIS will evaluate on a case-by-case basis. CGFNS certification is required.

Allied Health Professionals:
E-3 is available if Vanderbilt requires at least a Bachelor's degree for entry into the position. CGFNS certification is required.

Maximum length of stay permitted in E-3 status:

E-3 status is approved in 2 year increments and there is no limit on how long an individual can extend their stay in TN status. It is important to remember though that E-3 visa holders do not qualify for permanent residency.

Salary requirements and funding source:

E-3 status is appropriate for employees who receive a salary from Vanderbilt that meets the DOL requirements. A person in E-3 status must be paid the higher of either the “prevailing wage” or the actual wage that Vanderbilt pays other employees in the specified employment in question. Ideally, OIS should be contacted as early as possible in employment negotiations to ensure compliance with these requirements.

Employees receiving pay by other employers or outside sources should speak with a member of OIS to determine if E-3 status is appropriate. In addition, E-3 status is usually not appropriate for training programs or positions that are very brief in nature. A member of OIS can help determine if E-3 status is appropriate on a case-by-case basis.

Transfers of E-3 status from another US employer:

If transferring E-3 status to Vanderbilt from another employer, OIS must file a new E-3 application with the USCIS for Vanderbilt employment before the foreign national terminates employment with the current employer. Failure to maintain employment with the current employer prior to filing a new E-3 application at Vanderbilt may cause serious delays in employment at Vanderbilt (e.g., the foreign national may have to leave the United States and obtain a Vanderbilt-sponsored E-3 at a U.S. consulate abroad in order to re-enter).

Transferring E-3 status from another employer involves careful timing and diligence in the application process; therefore, it is important that OIS be contacted as soon as possible when offering a position to a foreign national currently in E-3 status at another employer. Before an E-3 transfer employee can begin employment with Vanderbilt, the new E-3 petition must be approved. Unlike the H-1B, there is no portability option meaning the transferred employee can not start work with Vanderbilt on the USCIS receipt notice. They must wait for the Vanderbilt sponsored petition to be approved before working at Vanderbilt.

Changes in employment and transfers of E-3 status within Vanderbilt:

Employees in E-3 status at Vanderbilt should be aware that their current E-3 status only provides work authorization to work at Vanderbilt in the specialized role specified on the employment letter and/or Form I-129; however, employees in approved E-3 status at Vanderbilt may transfer within Vanderbilt in the same specific employment. OIS should be contacted PRIOR to any change in employment to clarify the position change and determine the required forms needed from the new department.

Employees in E-3 status at Vanderbilt with significant employment changes (i.e. change in job duties) may need to file a new E-3 application with the USCIS. Significant changes may include any of the following: 1) Promotion to a new position, 2) Change of job title, 3) Significant change in job duties, 4) Change in employment classification (i.e., changing from staff to faculty), or 5) Reduction or increase in work hours. Again, OIS should be contacted by the department to determine the required documents and forms needed. The employee is NOT approved to begin the new employment until OIS confirms that an amended E-3 application has been sent to the USCIS.

Extension of E-3 status at Vanderbilt:

Employees currently in approved E-3 status at Vanderbilt will need to extend their E-3 status before their current status expires in order to maintain lawful status and to continue working at Vanderbilt without interruption. Employees needing to extend E-3 status in the United States are encouraged to begin the process well in advance. OIS contacts such individuals six months in advance of their current expiration date to remind them of this requirement. Although an employee with a pending extension of E-3 status at Vanderbilt is authorized to continue working past the current expiration date, such an employee will not be able to travel outside the US and obtain a visa for re-entry until the E-3 Approval Notice is received.

Termination of employment at Vanderbilt while in E-3 Status:

Employees in E-3 status at Vanderbilt should be aware that their ability to remain in lawful E-3 status in the United States is directly tied to their employment at Vanderbilt. If an employee wishes to pursue other employment opportunities outside Vanderbilt, OIS can discuss options for maintaining status through the change in employment.

Employees should be aware that there is NO status grace period following termination of employment at Vanderbilt if termination occurs prior to the current E-3 expiration date. A ten day grace period exists following the expiration date of the E-3 status to provide time to leave the US .

Employees in E-3 status who are informed of an upcoming termination or lay-off should contact a member of OIS immediately to obtain advice.

Is E-3 status suitable for tenured or tenure-track faculty?

No, tenure track positions indicate intent to remain in the US indefinitely and therefore do not qualify for E-3 status. Please contact OIS for information on more suitable categories.

Dependent family members in E-3D Status:

Dependents of E-3 holders (children under 21 and spouses) are eligible for E-3 DEPENDENT (E-3D) status. This status can be obtained at the U.S. Consulate or Embassy if the dependents reside outside the U.S. If the dependents reside in the U.S. , then OIS can assist in filing an application for E-3 DEPENDENT status with the USCIS. Dependent family members MUST obtain E-3 DEPENDENT status if inside the United States UNLESS in another nonimmigrant category (i.e., F-1 student status, E-3 status, J-1 status).

Dependent family members in E-3 DEPENDENT status ARE permitted to work with a valid work permit. E-3 dependents must apply for an EAD and have it in hand before beginning employment. This work permit provides unrestricted employment authorization for up to a year and can be extended as long as both the primary and dependent remain in E-3 status.

Dependents in E-3 DEPENDENT status may study or take courses at local universities or colleges

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If you are a foreign national seeking E-3 work authorization at Vanderbilt, you must have an offer of employment in order to begin the E-3 application process. If you are currently living in the Nashville area and are filing a NEW E-3 application at Vanderbilt (does not apply to extensions and amendments of status), then OIS requires that you meet with an Immigration Advisor in order to begin the E-3 process. If you are not living in the Nashville area, then you should contact OIS to schedule a telephone appointment with an Immigration Advisor. All E-3 applications for employment with Vanderbilt are filed by OIS (whether consular applications or filed with USCIS). Vanderbilt does not authorize private attorneys to file or assist with E-3 applications for Vanderbilt-sponsored E-3 status.

E-3 PROCESS

OIS uses an online case-management system for E-3 applications and ongoing case management. All types of E-3 applications are processed using this online case-management system and follow the process outlined below. Please read these step-by-step instructions carefully:

1. The foreign national contacts OIS to set an appointment (unless extending or amending current H-1B status at Vanderbilt).

2. The department completes the E-3 PACKET and submits the entire packet.

PLEASE NOTE: The Department is responsible for completing Pages 3 - 8 and providing the required supporting documents.

Incomplete E-3 packets will be returned to the department for full completion and will not be considered as received until they are fully complete.

3. OIS issues the foreign national a user name and password to access the online case-management system.

Foreign National:

4. The foreign national logs-in at www.welcomeclient.com and completes the online questionnaire. Click here for instructions for completing the FN questionnaire.

5. The foreign national will need to complete and sign pages 9-12 of the H-1B PACKET and submit all the required support documents as indicated in the packet. Examples of required support documents include copies of passport biographical pages, I-94 cards, degrees, transcripts, C.V./Resumes, and current status documents. Note: A foreign credential evaluation for U.S. equivalency is REQUIRED for ALL E-3 applications of foreign nationals whose degree was received outside of the U.S.

6. Dependents: If your spouse or child (residing inside the United States) is applying as a dependent family member, you must also provide the following:

• Form I-539 completed and signed by spouse (or eldest child, if spouse is not applying for dependent status). This form may be found at www.uscis.gov.
• Supporting documents as indicated in the case-management system. Examples of required support documents for dependents include copies of passport biographical pages, I-94 cards, and proof of relationship (i.e., marriage/birth certificate)

Department:

7. Prepares the following documents and submits to OIS with original signatures:

• E-3 PACKET
• Appointment letter or job posting
• Any USCIS filing fees required for employment (see below for details)

USCIS Filing Fees:

8. Hiring departments are responsible for payment of all USCIS filing fees REQUIRED for employment of the foreign national. If the $1,000 Premium Processing Fee is required for employment, then the department will be required to pay this fee as well (OIS will determine if this fee is required on a case-by-case basis).

PLEASE NOTE: Departments will no longer be required to send the USCIS checks with the filing request. Instead, OIS only needs the cost center number (1180) and we will do the USCIS check request ourselves.

Departments must submit a completed Fee Sheet as part of the E-3 packet (please refer to page 7 of the H-1B packet).

For reference purposes, the current USCIS filing fees for E-3 applications is as follow:

• $320 I-129 Regular Processing Fee (required for ALL applications)
• $500 Fraud Prevention & Detection Fee (required for ALL applications EXCEPT amendments and extensions of E-3 status at Vanderbilt)
• $1,000 Premium Processing Fee, to guarantee 15-day processing time by USCIS (not required for all cases; only required for cases where E-3 approval is needed to maintain legal status or begin employment at Vanderbilt)
• $300 OIS Intake Fee

• $300 I-539 Dependent Family Member Fee (only required if dependents need E-3 dependent status)

THE FEES FOR APPLYING AT A U.S. CONSULATE OR EMBASSY ARE (*For applications not made by USCIS in the U.S. ):

If E-3 application will be made at a consulate or embassy abroad, the foreign national will need to pay the following:

• U.S. $100 non-refundable visa fee for each applicant (if applying at consulate)
• $300 OIS Intake Fee

This list does NOT include visa issuance fees levied at U.S. Consulates / Embassies for applicants outside of the U.S. Foreign nationals residing outside of the U.S. should visit the Department of State’s website at www.travel.state.gov to obtain a current list of visa issuance procedures.

Points to Remember:

The OIS internal processing time for applications varies dependent upon complications that may arise due to incomplete forms, delays in obtaining a prevailing wage determination from the Department of Labor, and OIS' current caseload. OIS will file the application with the USCIS once all internal processing is complete and all required forms and documents have been received. OIS will notify the hiring department and foreign national once the E-3 application has been mailed to the USCIS.

OIS will again notify the department and foreign national once it receives the USCIS Receipt Notice with the case number. This number can be used to monitor USCIS internal processing of the application via the USCIS website. In addition, both the department and the foreign national can check the current status of the case via OIS' online case-management system.

Upon receipt of the USCIS Notice of Approval, OIS will email the foreign national and department, as well as fax the department a copy of the Approval Notice. If the foreign national is new to E-3 status, he or she must meet with OIS to obtain the E-3 approval documents and receive an orientation regarding the new E-3 status at Vanderbilt. If the foreign national is outside of the United States , OIS will prepare a package of documents to send to the individual's address overseas. The foreign national will then be responsible for scheduling an interview to obtain an E-3 visa stamp for entry (if applicable) into the United States.

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On-going Responsibilities for Departments and Employees in E-3 Status

Once an employee receives approval of E-3 status, Vanderbilt and the employee must maintain compliance with E-3 federal regulations during the course of the employee's employment at Vanderbilt. Such regulations require careful monitoring of salary, job title, job classification, and job duties. Any significant changes in ANY of these areas require OIS to be notified. Failure to maintain compliance and update our internal documentation could result in serious penalties and fines should Vanderbilt be audited by the Department of Labor or USCIS. To follow are the requirements of departments and employees in E-3 Status:

Responsibility of Departments:

• The department is required to notify OIS in advance of any employment changes related to employees in E-3 status. Such changes include changes in job title, classification status (i.e., staff to faculty), job duties, or reduction/increase in work hours for employees in E-3 status. Some changes require that OIS file an amended E-3 application with the USCIS.

• The department must also notify OIS if an employee will be transferring to a new department at Vanderbilt, even if the job title and job duties will not change significantly. OIS asks that the previous department contact OIS, who will then contact the future department to determine the new title, job duties, salary, etc.

• The department is required to notify BOTH the employee in E-3 status and OIS if it is determined that the employee's job will be terminating in the near future. There is no lawful grace period for those in E-3 status after termination of employment. Termination carries SERIOUS implications for foreign nationals' lawful immigration status. Advance notice will allow employees in E-3 status to explore other job opportunities at Vanderbilt or within the U.S. OIS provides assistance to employees exiting the university and prefers to meet with such individuals well in advance of termination.

** Please read the “Overview of E-3 Status” section above for more details regarding compliance in E-3 status.

Responsibility of Employees in E-3 Status:

• Employees in E-3 status are required to notify OIS of any significant changes to their employment. Examples of changes include, but are not limited to, the following: 1) Transfer to a new department at Vanderbilt, 2) Promotion to a new position, 3) Title change, 4) Change in job duties, 5) Reduction/Increase in work hours, or 6) Upcoming termination of employment. Significant changes to your employment may require that OIS file an amended H-1B application with the USCIS. In addition, OIS provides confidential immigration advising to employees exiting the university.

• Employees in E-3 status are required to notify OIS of a change in immigration status, such as a change to permanent residency or student status. Changes in status require OIS to notify the Department of Labor and the USCIS. In addition, an I-9 form needs to be completed with HR Express (located at 2525 West End Ave , 2nd Floor) after consultation with OIS for any change in work authorization while employed at Vanderbilt.

• Employees should also notify OIS of any travel complications while traveling abroad, such as an incorrect expiration date written on your or your family members' I-94 card. OIS will provide timely assistance with travel complications whenever possible.

• Employees should notify OIS of any issues related to dependent family members that may need our attention. For example, OIS advises dependents on the process for obtaining work authorization if such is desired since family members in E-3 DEPENDENT status are NOT authorized to work. OIS can also provide guidance on approved volunteer activities in the community.

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Please contact OIS at ois@vanderbilt.edu or 615343-7467 with any questions or concerns.