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E-3 Certain Specialty Occupation Professionals from Australia

The E-3 classification is only available to citizens of Australia who are coming to the United States to perform services in a specialty occupation. The specialty occupation must require the theoretical and practical application of a body of specialized knowledge in a professional field and at least the attainment of a bachelor’s degree, or its equivalent, as a minimum for entry into the occupation in the United States. E-3 sponsorship is not common at Johns Hopkins University [JHU] and is generally only extended in exceptional circumstances. Where existing policies dictate sponsorship in an alternate status (e.g. ECFMG sponsored J-1 Alien Physician, JHU sponsored J-1 Research Scholar category, etc.), the E-3 may not be requested in lieu of the institutionally required sponsorship.

Maintenance of E-3 Status

E-3 status is employer and employment specific. Any contemplated change in the terms of employment must be discussed with OIS before such changes occur. In most cases, such changes require a new Labor Condition Application [LCA] be certified by the Department of Labor and an amendment to E-3 status. In such cases, this will also require an amended E-3 petition [Form I-129] be filed with USCIS or travel to effectuate the amendment.

Be Familiar with Your Immigration Documents
  1. Maintain a valid passport
    Your passport must be valid for at least 6-months into the future unless exempt by country-specific agreements. Contact your country’s embassy in the U.S. for information about renewing or extending your passport while in the U.S.
  2. Carry documentation verifying E-3 status
    • Regulations require that you carry your I-94 at all times
      • Review your I-94 record each time you re-enter the U.S., ensuring it reflects the correct class of admission (“E-3”) and admit-until date (“the correct amount of time”). Retrieve your electronic I-94 here, print a copy, and carry it with your immigration documents, as required by immigration law. If your I-94 contains incorrect information, email to [email protected] for guidance on correcting it
    • If your E-3 status was granted based on approved I-129 petition filed by JHU, it may be advisable to carry a copy of Form I-797 / E-3 Approval Notice: This document shows that you are the beneficiary of an approved I-129 (E-3 petition) and you are authorized to work for the sponsor of the E-3 (JOHNS HOPKINS UNIVERSITY) in the capacity described in the petition for the time period indicated on the I-797. Keep the original Form I-797 in a safe location
    • It may also be advisable to carry a valid government-issued ID to further establish your identity
  3. Labor Condition Application (LCA)
    E-3 employers must file a LCA with Department of Labor (DOL) as a condition of E-3 sponsorship.  A copy of the LCA was provided to you by OIS before you were granted E-3 status. The LCA is a formal declaration filed by the employer (JOHNS HOPKINS UNIVERSITY) with DOL stating JHU’s intention to employ you as a nonimmigrant worker in E-3 status. The LCA specifies the dates of your employment, your minimum annual salary, your job title and the address(es) of your E-3 worksites. The LCA also is an attestation that JHU will meet specific E-3 sponsorship requirements (e.g. wages, work conditions, etc.)

    Your period of authorized stay in E-3 status, as evidenced on Form I-94, should align with the validity of the LCA. An E-3 worker may be granted a 10 day “grace period” beyond the expiration of the LCA, but an E-3 worker cannot work during the grace period. Similarly, if the I-94 is granted for any period beyond the LCA validity period, the E-3 worker is not authorized to work during this period. Only with a valid LCA *and* valid I-94 may an E-3 nonimmigrant work for JHU
Change of Address

USCIS requires that you report an address change within 10 days of the move. To report an address change you must:

  1. Submit Form AR-11 to USCIS. AR-11, Change of Address Form
  2. Email [email protected] with your full name, date of birth, JHED and new address
  3. You also must update your address on file with JHU. JHU employees can update their address at “My JHU”: https://my.jh.edu/myJH/

Travel Outside the US

You are required to have a valid E-3 visa stamp in your passport to return to the U.S. from all countries except (in some circumstances) for brief trips (less than 30 days) to Canada & Mexico (see below). Before applying for the E-3 visa stamp at a U.S. Consulate/Embassy abroad, please review the U.S. Consulate/Embassy website where you will apply for the visa to ensure you have the necessary documents. Document requirements for visas can vary by country and applicant.

Travel to Canada & Mexico: In limited circumstances, an E-3 visa stamp may not be required following a trip to Canada or Mexico. For detailed information about automatic visa revalidation, please refer to the information provided on Department of State’s website.

Important Steps to Take When You Return to the U.S. from Travel Abroad

  1. Retrieve and print your I-94. Remember to carry your I-94 at all times in the U.S. as required by immigration law. To access your I-94 record you will need your passport. Go to https://i94.cbp.dhs.gov/I94/#/home
  2. Verify that the following information on the I-94 printout is correct
    • Your name should appear as it is stated in your passport
    • The appropriate visa classification (E-3)
    • The end date on the I-94 should match the LCA and Form I-797 (if applicable) or be extended for 10 additional days beyond the end date of the LCA and Form I-797 (if applicable)
    • If your I-94 is shortened due to your passport expiring prior to the LCA and Form I-797 (if applicable), your E-3 status will end on the date marked on the I-94 record.
  3. Contact the OIS if you notice an error or data inconsistency, or if the end date on the I-94 does not match your LCA and (if applicable) Form I-797.

Termination of E-3 Employment by JHU / Resignation of E-3 Employee

If your employment at Johns Hopkins University is ending, please contact OIS to discuss your E-3 status. When your employment ends, your E-3 status ends. There is no guaranteed “grace period” for E-3 status, so it is important that you take steps to secure an alternate status or depart the U.S. in a timely manner. You also must notify the OIS via the Notification of Departure Form.