Body
University Policy
Title
University of North Carolina at Chapel Hill Policy on E-3: Australians in Specialty Occupations
Introduction
Purpose
This policy provides an overview of the E-3 nonimmigrant classification for Australian nationals and related employment requirements. Its purpose is to help ensure that both the University and E-3 employees comply with applicable U.S. immigration laws and regulations and maintain lawful employment authorization and status.
Scope
This policy applies to UNC-Chapel Hill departments and employees involved in sponsoring, managing, or working in E-3 status, including international faculty and scholars.
Policy
Per U.S. Federal Regulations, the E-3 classification applies only to nationals of Australia. E-3 applicants must be coming to the United States solely to perform services in a specialty occupation. The specialty occupation requires theoretical and practical application of a body of highly specialized knowledge and the attainment of a bachelor’s or higher degree in a specialized field, as a minimum for entry into the occupation in the United States.
Period of Stay/Extension of Stay
E-3 status is granted in up to two-year increments and can be extended through the filing of a petition with USCIS in two-year increments.
Maintaining E-3 Status
All nonimmigrants in the U.S. are responsible for maintaining their own lawful status. Failure to do so can result in severe consequences. The foreign national is responsible for understanding the laws and regulations that pertain to his/her status. To maintain status E-3 employees must:
- Work only for the employer specified, and in the position and location described in the E-3 Letter of Support, Labor Condition Application (LCA), and/or E-3 petition.
- Report a change of address of residential address to USCIS (www.uscis.gov) within 10 days of moving.
- Keep evidence of reporting compliance for your records (if reporting online, print a copy of the form before submitting. If reporting by mail, send it by receipted mail).
- E-3 employees must also report the change to ISSS by completing the Update US Address and Phone e-form in the ISSS Portal.
- Contact ISSS prior to ANY changes and/or additions to your terms of employment. Changes to the terms of employment may require a new LCA and amended E-3 petition.
- Immigration documents must remain valid at all times: passport, Form I-94, LCA, and E-3 approval notice.
- Whenever a new passport is obtained, the employee must submit the Update my Passport Information e-form in the ISSS Portal.
- Upon return to the U.S. from travel abroad, E-3 employees must submit the Update my Most Recent I-94 Information e-form in the ISSS Portal to report their new Form I-94. If a new visa was obtained, the employee must also submit the Update my Visa Information e-form in the ISSS Portal.
- It is important that E-3 employees carry proof of their immigration status with them at all times. E-3 employees can review information on maintaining their immigration documents and records on the ISSS website.
Extending E-3 Status and Employment Authorization
E-3 employees are admitted to the U.S. for the period of time listed on the Form I-94. E-3 employees may only work until the end date listed on the Form I-94 or the end date listed on the certified LCA (whichever is earlier). In order to continue working without a gap or loss of lawful status, an E-3 extension must be filed by ISSS before the current E-3 expires. Hosting Units must submit an E-3 extension request to ISSS at least 5 months prior to the current E-3 end date.
Hosting Units should contact ISSS as soon as they know that they want to extend the E-3 employee's stay. Once the petition for an E-3 extension has been filed, the E-3 worker should not travel outside the United States.
Ending E-3 Status
Employee Responsibility
It is important for employees to report their departure to ensure the accuracy of their immigration records and to preserve certain future immigration options. The employee must complete a Departure Notice and submit it to the Hosting Unit and ISSS as soon as possible before departing the University. The departure information is needed to accurately report it to the various immigration and government agencies.
E-3 status is tied to employment as outlined in the offer of employment presented at the port of entry into the US or on subsequent E-3 petitions filed with USCIS. E-3 status ends when employment ends.
There is no grace period for departure for E-3 workers. Once your employment ends, you are required to depart the United States or file for a change of immigration status with USCIS. USCIS will be notified, and the Labor Condition Application will be withdrawn at the end of the employment.
Consult with an ISSS Scholar Advisor if the Hosting Unit plans to end your employment prior to the expiration of your E-3 status.
Hosting Unit Responsibilities
The hosting unit must notify ISSS by submitting an Early Departure or Termination in the ISSS Portal when an H-1B employee intends to leave UNC-Chapel Hill.
If the hosting unit ends the employment prior to the end of the approved period of the E-3 petition, the hosting unit is required to provide return transportation to the scholar’s home country or country of last residence. The offer of return transportation must be in writing (see instructions in Early Departure or Termination in ISSS Portal). The employee must reply to the offer within 30 days indicating that he/she accepts or declines a one way non-refundable ticket. The hosting unit is only responsible for paying the ticket for the employee. The employee must pay for the cost of transportation for any dependents.
This information is provided for informational purposes only and is not intended as legal advice. The information provided is subject to change. For the latest information go to https://isss.unc.edu/.
Contact Information
Primary Contact
Name: International Student and Scholar Services
Telephone: 919-962-5661
Email: ISSS@unc.edu