E-3 for Australian Citizens

City of Hope offers an E-3 visa sponsorship to eligible positions and individuals. City of Hope's International Students and Scholars Office (ISSO) reviews and assesses each position for eligibility on a case-by-case basis as part of the recruitment process. Those interested in obtaining E-3 sponsorship from City of Hope can request an assessment from ISSO during the recruitment process. 

Eligibility

E-3 is a nonimmigrant visa that allows U.S. employers to employ Australian nationals in specialty occupations, such as professors, clinical professors or research professors (including assistant or associate positions), nurse practitioners, physical therapists, physicists, postdoctoral fellows, research associates or staff scientists. Other professional positions may also be eligible if they require highly specialized knowledge and a bachelor’s degree or higher in a specific field. If the position requires any state license, registration or certification in California, the applicant must already meet the requirement at the time of the petition filing.

Positions requiring a high school or associate degree as the minimum education are not eligible for E-3 even if the applicant has a bachelor's degree or higher. Positions requiring a bachelor’s degree, or higher, without a specific field, positions allowing experience substitution to a bachelor’s degree, and positions requiring a bachelor’s degree, or higher, in various, unrelated fields may not be viewed as highly specialized by E-3 definition. The E-3 visa is considered an employment-based visa; therefore, individuals who are not considered employees of City of Hope will not be eligible.
Each E-3 can be approved for up to two years. There is no maximum period for E-3 as long as E-3 holders do not intend to immigrate to the U.S. and pursue U.S. permanent residency (green card).

How to Obtain an E-3

E-3 applicants have more options, depending on the types of process they choose. The Form I-797 approval notice is not always required. This will help shorten the overall processing time.

For Applicants Coming from Abroad

Applicants coming from abroad do not need the E-3 petition approval notice (Form I-797) to pursue the E-3 visa. The estimated overall E-3 processing time can be 2 to 3 months.

• Labor certification application (LCA) and visa application (DS-160). Once a formal job offer is fully executed, City of Hope works with E-3 applicants to prepare the Labor Certification Application (LCA). This usually takes about six weeks. Once the LCA is certified, City of Hope will send the certified LCA via email to the applicant who uses the form to apply for an E-3 visa (DS-160 application) with the local U.S. embassy or consulate. 
• Visa interview. Scheduling for appointments varies depending on the U.S. embassy or consulate location. Check wait times online. Unlike with other visa types, E-3 applicants typically are not subject to additional administrative processing.
• Traveling to the U.S. Once approved, E-3 visa holders can travel to the U.S. as soon as 10 days before the LCA start date. City of Hope strongly encourages arrival as early as possible for the pre-employment onboarding or clearance processing.
• Form I-94 record retrieval. Form I-94 admission number or record is an important document that serves as evidence of legal and valid immigration status in the U.S. Upon arrival to the U.S., E-3 visa holders should complete Form I-94, review for accuracy and keep it on file for the duration of stay.

For Applicants Changing Employers Within the U.S.

E-3 holders already in the U.S. through sponsorship by another employer are eligible for a change of employer petition. Once a formal job offer is fully executed, City of Hope works with E-3 applicants to prepare the petition documents to submit to USCIS. This usually takes about six weeks. Once USCIS approves the E-3 petition, City of Hope sends the approval notice (Form I-797) via email to the applicant.

The estimated overall H-1B change of employer process to secure an E-3 approval (Form I-797), including City of Hope’s petition preparation and USCIS decision processing, typically takes 10 weeks with premium processing. Other considerations that may impact City of Hope's start date may include additional time needed for advanced resignation, relocation, traveling abroad, family, school, childcare, City of Hope onboarding and health clearances, etc. A previously approved E-3 does not always guarantee subsequent approval.

• Portability rule. There is no portability rule for E-3. E-3 holders must wait for USCIS to approve the petition before beginning employment at City of Hope.
• 60-day discretionary grace period. Typically, the change of employer approval process occurs while the E-3 holder is still working for the previous employer. If the previous employment ends early, USCIS may still approve City of Hope’s change of employer petition as long as the gap between the two employment periods does not exceed 60 days. However, E-3 visa holders cannot work during the grace period and must wait for approval to begin the new employment at City of Hope.

Applicants Changing Status Within the U.S.

Applicants in the U.S. on another visa may be eligible for an E-3 change of status process within the U.S. Once a formal job offer is fully executed, City of Hope works with E-3 applicants to prepare the petition documents to submit to USCIS. This usually takes about six weeks. Once USCIS approves the E-3 petition, City of Hope sends the approval notice (Form I-797) via email to the applicant. USCIS must approve the E-3 petition before the individual can begin new employment at City of Hope.

The estimated overall E-3 change of status process to secure an H-1B approval (Form I-797), including City of Hope’s petition preparation and USCIS decision processing, typically takes 10 weeks with premium processing. In addition to the E-3 processing time, other considerations impacting City of Hope's start date may include additional time needed for advanced resignation, relocation, traveling abroad, family. school, childcare, City of Hope onboarding and health clearances, etc.

E-3 Dependents

Spouses or unmarried children under 21 are eligible for an E-3 dependent visa. E-3 dependents can stay in the U.S. for the same period as the E-3 principal. E-3 dependents can be extended (within the U.S. or traveling abroad) to match the E-3 principal validity. E-3 dependents (spouse and children) can study in the U.S., while only E-3 spouses can work.

E-3 spouse can apply for an Employment Authorization Document (EAD) by completing the Form I-765 and submitting it to the U.S. Citizenship and Immigration Services. Processing time may take several months, so it is important to apply ahead of time.

E-3 EAD validity usually matches the I-94 expiration date. EAD renewal applications can be filed as early as 180 days before the current EAD expiration date. EAD renewal applications may take several months, so it is highly recommended that E-3 spouses apply as soon as they become eligible. E-3 EAD is eligible for a 180-day automatic extension with a timely filed EAD renewal application.