The E-3 temporary worker visa is designated for Australian citizens coming temporarily to the U.S. to perform services in a specialty occupation. A specialty occupation is defined as one that requires “theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor's or higher degree in a specific field, or its equivalent, as a minimum requirement."

E-3 visa status is employment-based and is employer- and position-specific. The hiring department is required to pay a salary to the individual that meets or surpasses the prevailing wage as defined by the Department of Labor (DOL). The individual’s paycheck must come from the hiring entity (Harvard University or an affiliated hospital). Individuals receiving fellowship income are not eligible for E-3 visa status since fellowship is not considered remuneration for services provided to the University.

The below information is intended for department administrators working on visa sponsorship with the HIO. For more information about maintaing status on the E-3 visa for scholars, see here.

E-3 Eligibility

• The individual must be an Australian citizen.
• The position needs to qualify as a “specialty occupation” and the applicant must hold the required degree in the field of employment. For example, an Assistant Professor in Economics will have a PhD in Economics and not another field of study.
• The position must be a temporary academic appointment (i.e., research and/or teaching). Harvard University does not sponsor visas for staff positions.
• The position must be paid by Harvard or an affiliated hospital at least the prevailing wage set by the U.S. Department of Labor (DOL). The position must be salaried. E-3 visa holders cannot be paid through stipends, honoraria, outside fellowships, or personal funding.
• Employment is specific to the E-3 petitioner and allows compensation only from the employer for the work described in the petition. Departments must inform the HIO in writing of any substantial changes in the employment such as change in end date, employment location, title, duties, source of funding. An amended petition may be required.
• Harvard’s E-3 petitions must be filed by the Harvard International Office—use of outside counsel is not permitted.

During the E-3 information intake and review process, the HIO will determine whether the position and individual qualify for E-3 status. If the position is determined not to be a specialty occupation, or the salary will not meet the prevailing wage, E-3 status will not be possible.

Duration of E-3 Visa Status

E-3 visa holders may be admitted initially for a period up to two years, and extensions of stay may be granted indefinitely in increments of up to two years.

Requesting E-3 Visa Sponsorship (including extensions)

There are two ways for a scholar to obtain E-3 status. Please note that each process requires different intake information and supporting documentation. Both processes require the HIO to submit a Labor Condition Application (LCA) to the U.S. Department of Labor (DOL); submission of the Labor Condition Application is required for all E-3 applicants. In addition, applying for a change of status or extension of status within the U.S. requires a petition to be filed by the HIO with USCIS;  use of outside counsel is not permitted. Please see below for more details on both processes.

In many cases, applying for the E-3 visa at a U.S. Embassy or Consulate in Australia is the preferrable method of applying for E-3 visa status. However, the HIO should be involved in determining which application method is best given a scholar's unique circumstances. 

Apply for an E-3 visa at a U.S. Embassy or Consulate in Australia

This is the preferred application method. Application steps:

1. Department submits Prevailing Wage Request Form to HIO (at least 6 months before E-3 start date)

To initiate the E-3 request process, a department must first submit to the HIO a Prevailing Wage Request Form at least six months before the individual’s current visa end date or proposed E-3 start date. Please note that this timeline and process also applies to E-3 extensions cases. Upon receipt of this form, the HIO will determine whether the position and salary meet the specialty occupation and prevailing wage requirements for the E-3.

2. HIO evaluates eligibility for E-3 (10 business days)

The HIO assessment of the Prevailing Wage Request Form will take up to 10 business days; the HIO will confirm eligibility with the department and share instructions for the next steps in the process.

3. HIO submits Labor Condition Application to DOL (10 business days for DOL to certify)

After determining eligibility for an E-3 visa, the HIO will then submit a Labor Condition Application (LCA) to the U.S. Department of Labor (DOL) to initiate the E-3 application process.

Employers are required to obtain this prior clearance from the DOL before an E-3 petition may be filed with USCIS or before an individual may apply for their E-3 visa at the U.S. Embassy or Consulate. Specifically, employers are required to file an LCA, Form ETA 9035 with the DOL, making certain attestations concerning the determined prevailing wage, working conditions, and possible labor disputes. This process applies to both initial and extension E-3 petitions. The LCA takes the DOL 10 business days to certify.

4. HIO sends copy of Certified Labor Condition Application to Scholar

In order to apply for the E-3 visa stamp, a scholar first needs a copy of the certified LCA from the HIO.

5. Scholar Applies for E-3 Visa Stamp at U.S. Embassy or Consulate in Australia Prior to Arrival in U.S. (timing varies)

Before traveling to the U.S., an individual must make an appointment for an E-3 visa stamp with the U.S. Embassy or Consulate in Australia.  Scholars should review the information on the website for the consulate at which they will apply for their visa for details about any additional documentation that may be required.

Apply for a Change of Status to E-3 or Extension of E-3 Status within the U.S.

This option exists for individuals who are currently in the U.S. on a nonimmigrant visa status to change their status to E-3, or to extend E-3 status. This option is preferable only for individuals who are unable to travel internationally.   

Please note, J visa holders who are subject to the two-year home residency requirement are not eligible for a change of status within the U.S. Individuals subject to the two-year home residency requirement must travel outside the U.S. to apply for the E-3 visa at a U.S. Embassy or Consulate.

1. Department submits Prevailing Wage Request Form to HIO (at least 6 months before E-3 start date)

To initiate the E-3 request process, a department must first submit to the HIO a Prevailing Wage Request Form, at least six months before the individual’s current visa end date or proposed E-3 start date. Please note, this timeline and process also applies to E-3 extensions cases. Upon receipt of the Prevailing Wage Form, the HIO will determine whether the position and salary meet the specialty occupation and prevailing wage requirements for the E-3.

2. HIO evaluates eligibility for E-3 (10 business days)

The HIO assessment of the Prevailing Wage Form will take up to 10 business days; the HIO will confirm eligibility with the department and share instructions for the next steps in the process.

3. HIO submits Labor Condition Application to DOL (10 business days for DOL to certify)

After determining eligibility for an E-3 visa, the HIO will then submit a Labor Condition Application (LCA) to the U.S. Department of Labor (DOL) to initiate the E-3 application process.

Employers are required to obtain this prior clearance from the DOL before an E-3 petition may be filed with USCIS or before an individual may apply for their E-3 visa at the U.S. Embassy or Consulate. Specifically, employers are required to file an LCA, Form ETA 9035 with the DOL, making certain attestations concerning the determined prevailing wage, working conditions, and possible labor disputes. This process applies to both initial and extension E-3 petitions. The LCA takes the DOL 10 business days to certify.

4. Department requests filing fee checks from Accounts Payable (AP processing at least 3 weeks)

After the HIO has determined that an E-3 position will meet the prevailing wage, the HIO advisor will send the department instructions and a checklist for the remainder of the E-3 supplemental materials. These instructions will include details about the required E-3 filing fees. The department must request checks to pay the required governmental processing fees from Harvard’s Accounts Payable office at least one month before the E-3 will be filed. The Harvard-sponsoring department is required to pay all filing fees for the E-3 petition. Note that the scholar cannot pay the filing fees per the Office of General Counsel.

Details about filing fee totals are included in the E-3 Instructions emailed to the department administrator. Questions about required E-3 filing fees should be directed to the HIO. 

5.  Department and scholar compile supporting documentation and HIO intake forms (timing varies – HIO advisor  will confirm deadline)

It is the department’s responsibility to work with the individual to obtain all required supporting documentation indicated on the HIO’s E-3 checklist. Departments should set a reasonable deadline with their HIO advisor for submission of the supporting documentation.

6.  HIO reviews all supporting materials; prepares E-3 petition forms (20 business days)

After the completed intake forms and supporting documentation are submitted to the HIO, the HIO will prepare the relevant USCIS petition forms, assemble the E-3 materials, and ship the petition to USCIS for approval. Once supplemental E-3 paperwork is submitted to the HIO, the HIO processing time is up to 20 business days from the time that complete information is submitted.

7.  HIO submits E-3 petition to USCIS; USCIS makes decision within 15 calendar days (Premium Processing) or several months (regular processing)

The standard processing time for an E-3 petition is four to six months or sometimes even more. The petitioning department has the option of paying an additional Premium Processing fee to secure a more favorable processing time. With Premium Processing, the USCIS guarantees that it will either issue an approval, request additional evidence, or send notice of intent to deny within 15 calendar days from the date the petition was received at a USCIS Service Center. Questions about Premium Processing and whether it is necessary or beneficial should be directed to your HIO advisor. Note that payment of Premium Processing only applies to the final step in the E-3 process – the USCIS adjudication. It does not affect the DOL or HIO processing times.

Changes in Employment

During sponsorship of an E-3 visa, departments must notify the HIO of any substantial changes in employment, including:

• a new or additional location
• change in duties
• change in title
• change in amount or source of funding
• added teaching or supervisory duties
• resignation
• termination

USCIS regulations may require the employer (HIO) to notify USCIS of such changes; in some cases, a new E-3 petition must be filed. Failure to notify the HIO may result in fines and penalties imposed on the University and the revocation of the petition/visa approval.

Extending E-3 Visa Status

Extending E-3 visa status requires the same documentation and processing as an initial E-3 visa request. For more information, please see the “Requesting E-3 Visa Sponsorship” tab above.

The earliest that the HIO may file an E-3 extension with the U.S. government is six months in advance of the prior E-3 end date, unless there has been or will be a change to the scholar’s position from the original E-3 filing, as an amended petition may be filed at any time as needed. The HIO strongly recommends that the department prepares the application materials as early as possible. If funding support for the individual’s position is in question and may not continue, departments must alert their HIO advisor immediately so they can advise accordingly.

Initiating the extension six months before the expiration of the current E-3 status ensures timely filing and adjudication of the petition, time for the individual's visa application at a U.S. embassy or consulate (if needed), facilitates international travel, and averts a lot of unnecessary anxiety for both the department and the individual.

Changing Employers

The E-3 visa is employer-specific. If an individual is currently working in the U.S. on an E-3 visa through another institution, Harvard will need to file and obtain an approval of the E-3 petition before the individual may begin working for the Harvard department.

E-3D Dependents

The dependent spouse and children of an E-3 non-immigrant do not have to be Australian citizens to be eligible for E-3D status (E-3 dependent visas). Additionally, an E-3D visa holder is eligible to apply for employment authorization after arriving in the U.S.