E-3 Status for Citizens of Australia
The E-3 visa is an option which is available ONLY to citizens of Australia. Immigration Services will help determine eligibity and will assist the designated departmental administrator, faculty sponsor and employee with E-3 applications. Immigration Services is the only petitioner to US Department of Labor and to USCIS for E-3 status based on UMMS employment. Attorneys are not authorized to do this work on behalf of UMMS.
E-3 status is available in two-year increments. There are a limited number of E-3 visas available nationwide each year. In order to satisfy the regulatory requirements for sponsorship on an E-3 visa, the hiring department must provide documentation to prove that the job meets the definition of a “specialty occupation” and that the individual possesses the qualifications required for that occupation. In addition, an employee sponsored by UMMS for E-3 status must be paid by UMMS and must meet Department of Labor (DOL) guidelines.
A UMMS appointment is only authorized once an employee is admitted to the United States in E-3 status or has obtained an approval for a change of status or change of employer petition by USCIS. If an individual is in E-3 status for employment elsewhere, that individual is not authorized for UMMS employment until/unless UMMS files and obtains approval of an E-3 petition from USCIS; OR the individual leaves the U.S. and reenters with a new employment letter from UMMS, following DOL certification of a UMMS labor condition application (submitted by the Immigration Services).
The dependent spouse and children (under 21) of an E-3 principal may be granted E-3 classification. An E-3 dependent may apply for work permission from U.S. Citizenship and Immigration Services. Once granted, E-3 spouses may work anywhere and at any level in the United States. USCIS will issue an Employment Authorization Document (EAD), a small laminated photo ID card, as proof of employability. E-3 spouses who are employed at UMMS must have employment authorization before the employment can commence.