The article discusses frequently asked questions about E3 visa extension and renewal. The E-3 classification applies only to nationals of Australia who are coming to the United States solely to perform services in a specialty occupation. To learn more, visit E-3 visa for Australian professionals.
Understanding E3 Visa Extensions
E-3 visa extensions are exempt from the annual 10,500 cap for Australian specialty occupation workers, provided there’s continuous employment with the same U.S. employer.
In other words, Australian nationals who obtain E-3 extensions are not counted toward the 10,500 numerical limitation, as long as there has been uninterrupted continuity of employment, which means that the applicant has worked and continues to work for the US employer who submitted the original labor condition application (LCA) and offer of employment.
Returning E-3 visa holders are eligible for E-3R visas. There’s no limit on the number of E-3 visa extensions you may be granted. However, if you have been granted multiple E-3 extensions, maintaining a temporary intent to stay is crucial in renewing your E-3. Timely extensions can provide up to 240 additional days of work authorization.
E3 renewal process: How do I extend my visa?
As an E3 visa holder, you can extend your E3 for up to two years at a time, provided you continue to meet eligibility requirements. To initiate the renewal process, work with your employer approximately six months before your current E3 visa expires.
Note that each E-3 visa has a maximum two-year duration. To extend your E-3 beyond this initial period, your employer will need to file a new Labor Condition Application (LCA) with the U.S. Department of Labor. This applies regardless of whether you are renewing with the same employer or transferring to a new employer.
In other words, the approved LCA is a prerequisite for proceeding with your E-3 visa renewal application.
Once your employer obtains an approved LCA, you have two options for renewing your E-3 visa:
E3 visa renewal vs. extension of status petition
On the other hand, E-3 extension petitions are all submitted to the USCIS Vermont Service Center. Regular processing time varies from 30 days to nearly 4 months. However, since February 24, 2021, petitioners filing Form I-129 requesting an extension of E-3 classification can opt premium processing, which involves paying an additional fee to expedite the process and obtain a response within 15 business days.
Alternatively, renewing your E-3 visa at a US Consulate abroad may take significantly less time, often just a few days depending on the availability of visa appointments and processing times at the specific US consulate. This option is particularly suitable for individuals who are already outside the United States or plan to travel abroad.
The disadvantages of renewing your E-3 visa at a US Consulate are the cost of airfare for you and your dependent family members, if applicable. Additionally, there’s a risk of delays in visa issuance due to administrative processing.
In contrast, filing an E-3 extension with USCIS offers the benefits of avoiding the costs associated with international travel and allowing you to continue your employment during the processing period. A timely-filed E-3 extension can provide an additional 240 days of employment authorization while your application is being processed. To be eligible for an E-3 extension, you must maintain continuous E-3 status.
E3 Visa Renewal at a U.S. Consulate:
E3 Extension of Status Petition:
E3 Visa Extension Checklist
Documents necessary to prepare the E-3 visa extension are:
Malescu Law can assist
Our E3 visa lawyers can assist you to successfully navigate the E3 visa extension process. Start the renewal process well in advance to avoid any last-minute issues.
We serve companies and individuals across all 50 states, the District of Columbia and Puerto Rico.
Contact us or schedule a consultation.
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