E3 Visa Transfer: Change of Employer

This article answers frequently asked questions about E3 visa transfer, a process that allows you to change employers or jobs while retaining your E3 status. It clarifies the process of transferring an E3 visa when changing employers and addresses common questions for Australian citizens on E3 visas.

Many factors can motivate Australian citizens on E3 visas to change jobs, including better salaries, career growth, improved work environment and a better work-life balance, or personal reasons. Whatever the reason, Australian citizens on E3 visas can change employers while in the United States.

The E3 nonimmigrant classification is specifically for Australian citizens working in specialty occupations in the U.S. The initial visa can be valid for up to two years and is renewable indefinitely.

The E3 visa has an annual cap of 10,500 visas, which is rarely reached. Extensions with the same employer do not count against this quota. However, petitions for change of employer count against the annual cap. Despite this, the E3 visa process remains generally simpler compared to many other visa categories due to the consistently available visa numbers. To learn more about extensions, visit E3 visa extension and renewal.

What is E3 Visa Transfer?

An E3 visa transfer allows Australian citizens on E3 visas to change employers within the U.S. without losing their E3 status. While commonly called a “transfer,” it’s technically a new petition filed by the new employer, not a transfer of the existing visa. This process enables E3 visa holders to pursue different job opportunities while remaining in the U.S.

You can either apply for a new E3 visa at a U.S. consulate abroad or file a change of employer petition with U.S. Citizenship and Immigration Services (USCIS). Both options require a Labor Condition Application (LCA) from the Department of Labor (DOL).

E3 Visa Transfer Process

To change employers, your prospective employer must first obtain an LCA from the DOL. This is a mandatory first step, regardless of which option you choose next – file the change of employer petition with USCIS or obtain a new E3 visa at a US Consulate abroad.

Keep in mind that while E3 change of employer petitions do count against the annual E3 visa cap. However, this cap is rarely reached, making the E3 transfer process generally less restrictive than other visa categories.

Once the LCA is approved, you have two choices:

Change of Employer Petition (USCIS): Your new employer files Form I-129 with USCIS, requesting a change of employer and extension of your E3 status. You cannot begin working for the new employer until USCIS approves this petition. Premium processing (15 days) is available for this option.

New E3 Visa Application (Consulate Abroad): If you are outside the U.S. or plan to travel internationally, you can apply for a new E3 visa at a U.S. consulate based on the new employer’s LCA. This option eliminates the need for a change of employer petition with USCIS.

Steps for E3 Visa Transfer (Change of Employer)

Step 1: New Job Offer: Secure a job offer from a U.S. employer in a qualifying specialty occupation.

Step 2:LCA Filing: Your new employer must file an LCA with the DOL. This process ensures that the offered wage and working conditions meet U.S. standards. This is the employer’s responsibility. DOL typically processes it within seven business days.

Step 3: Change of Employer Petition (Form I-129) or Apply for E3 Visa Abroad: Once the LCA is certified, your new employer can file Form I-129, Petition for a Nonimmigrant Worker, with USCIS, requesting a change of employer on your behalf. This petition includes the certified LCA and all the necessary documentation to prove that you and the job offered meet the E3 eligibility criteria. Alternatively, you can apply for a new E3 visa at the US Consulate abroad based on the new employer’s LCA.

Step 4: Approval: If you applied with USCIS and your transfer is approved, USCIS sends an I-797C Notice of Action, confirming the transfer has been successful. If you applied through the US Consulate abroad, the US Consulate issues a new E3 visa for the new employer.

Step 5: Start New Job: You can begin working for your new employer after the petition or visa is approved.

Change of employer requirements

To be eligible for an E3 visa change of employer, you must meet the following requirements:

Australian Citizenship: You must be a citizen or national of Australia.
Specialty Occupation Job Offer: You must have a job offer from a U.S. employer for a position in a specialty occupation. This must require at least a bachelor’s degree or its equivalent.
Certified LCA: Your prospective employer must obtain a certified LCA from the DOL.
Educational Qualifications: You must possess a bachelor’s degree or its equivalent.
Professional Licensing (if required): If your position requires a professional license (federal, state, or local), you must possess the necessary credentials.

Document Checklist

Documents necessary to prepare the E3 visa transfer are:

Australian Passport
I-94 Arrival/Departure Record
E-3 Visa
Employment Letter
Approved LCA
Financial Documents
Bachelor’s Degree or its foreign equivalent
Resume (CV)

How long does E3 visa transfer take?

The E3 visa transfer process typically takes 1-3 months, with an average of about 1 month. Here’s a breakdown of the timeline:

Determine eligibility to transfer (1-3 days). Both the new employer and employee must meet the E3 eligibility criteria to effectuate the change in employment.
LCA Processing (1-2 weeks). The new employer files the Labor Condition Application (LCA) with the DOL. This involves gathering supporting documentation such as proof of your current E3 status, educational credentials, and the job offer letter.
USCIS Processing Time (1 to 3 months). If new employer files Form I-129 (Petition for Nonimmigrant Worker) with USCIS for a change of employer, standard processing times can vary significantly, for 1 to 3 months or even longer. Premium processing of 15 business days is available for an additional fee.
Consulate Processing (if applicable, approximately 2 weeks). As an alternative to filing with USCIS, you can apply for a new E3 visa at a U.S. consulate abroad. This option is typically faster, taking about two weeks. This is a good option if you are already outside the US or plan to travel.

Cost to transfer E3 visa for one company to another?

USCIS

Change of Employer

$510 USCIS I-129 fee
$300 Asylum fee
$2,805 USCIS Premium processing (optional)

$810 (Standard)

$3,615 (Premium Processing)

US Consulate Abroad

E-3 Visa

$315 Visa Fee

$315

Malescu Law can assist

Our E3 visa lawyers can assist you to successfully navigate the E3 visa change of employer process. To learn more about E3 visa for dependents, visit E3 for dependent visa spouse children and family members.

We serve companies and individuals across all 50 states, the District of Columbia and Puerto Rico.

Contact us or schedule a consultation.

Malescu Law P.A. – Business & Immigration Lawyers