E-3 Australian Treaty Worker in Specialty Occupation Instructions & Forms
Eligibility
The University of Pennsylvania uses the E-3 Australian Treaty Worker in Specialty Occupation category for tenure-track faculty members, and research associates, as well as certain staff positions such as programmer/analysts and research specialists. Current immigration law makes the E-3 category available to Australian nationals in a “specialty occupation,” that is, a position “which requires theoretical and practical application of a body of highly specialized knowledge and attainment of a baccalaureate or higher degree or its equivalent [in the specialty occupation] as a minimum requirement.” The E-3 employee must have met the minimum qualifications for the position at the time of applying for an E-3 visa. The Australia-US Free Trade Agreement (AUSFTA) allows a maximum of 10,500 E-3s per fiscal year.
Length of Stay
The E-3 category provides for entry on a non-permanent basis into the US for up to 24 months at a time. The E-3 visa applicant must satisfy the consular officer that s/he intends to depart the US upon termination of E-3 status. The validity may be renewed, provided that the E-3 nonimmigrant is able to demonstrate that s/he does not intend to remain or work permanently in the US.
Period of Employment
The E-3 worker’s employment start date will be the LCA start date or the I-94 card start date, whichever is later. The E-3 worker’s last date of employment will be the LCA end date or the I-94 card end date, whichever is earlier. Should the dates on the E-3 employee’s I-94 card differ from the LCA dates, immediately contact an OIP-ISSS advisor.
E-3 Processing
All E-3 applications, including extensions and amendments, require three steps:
Step 1:
ISSS must first obtain an “E-3 required wage” by comparing the prevailing wage determination from the Department of Labor (DOL) to the actual wage data provided by the hiring department. An E-3 employer is required to pay the higher of the two wages. If Penn’s wage offer is found to be inadequate, the E-3 employee’s wage must be increased, or the E-3 process for the position must be abandoned.Step 2:
After receiving a satisfactory prevailing wage determination, ISSS files a Labor Condition Application (LCA) with DOL affirming that Penn will meet the prevailing wage and other legal requirements of the E-3. The hiring department will be asked by the ISSS advisor to post a notice of LCA filing for 10 consecutive business days at a conspicuous place. The posting will not delay the E-3 processing.Step 3:
After receiving LCA certification, ISSS will notify the hiring department to pick up the certified LCA. The prospective E-3 employee will make a visa appointment at a US Consulate/Embassy to obtain an E-3 visa (and E-3D visas for his/her dependents, if applicable). NOTE: while it may be possible to change/extend status to E-3 within the US, the process is costly, much more time-consuming, and cumbersome than making a visa application abroad, and is not recommended.ISSS Processing Times
To allow for sufficient government processing time, hiring departments should submit E-3 request materials to ISSS for a prospective E-3 employee 3-4 months in advance but no later than 45 days prior to the anticipated start of E-3 employment. If a complete E-3 request packet is not submitted to ISSS in a timely fashion, ISSS cannot guarantee that the application will be processed and/or filed in a timely manner or at the requested time. Please note that ISSS processing times may vary depending on volume.
Dependent Status
The spouse and unmarried children under 21 years of age of E-3 employees may apply E-3D status. The spouse and children need not be Australian citizens. The spouse of an E-3 nonimmigrant may apply for an EAD (Employment Authorization Document) to work in the US. An unmarried child may not continue to hold E-3 status upon reaching his or her 21st birthday.
Employment Restrictions
The E-3 is specific to the employer and job/position for an individual E-3 employee. E-3 employment authorized for Penn does not allow employment with another department at Penn, at another location, or for a different employer. Consult ISSS prior to any changes in the individual’s employment, such as change in title, academic degree required for position, number of hours worked, department, location, or position duties. In some cases, the E-3 and any dependent family members may have to travel outside the US. Please note that failure to consult ISSS may put Penn and the individual employee at risk for sanctions and penalties by DHS or DOL. E-3 employees are not allowed to accept honoraria from outside sources.
Travel in E-3 Status
E-3 employees should always consult with ISSS before traveling outside the US.
Change of Employer
If an individual is already in the US in E-3 status but is sponsored by another employer and wishes to start employment at Penn, the Penn hiring department must submit an E-3 request packet to ISSS. The individual must not begin working for Penn until Penn’s E-3 is approved and the E-3 individual and dependent family members have left the US and reentered in valid E-3 and E-3D statuses respectively (not eligible for portability).
Hiring departments must review and submit both department and employee forms and supporting documentation listed below as one complete package to ISSS. Please save a copy of materials and forms, including checks, submitted to ISSS for your records.
Copies should be single-sided and on 8 ½ x 11” paper. Please do not use staples.
Checklist
- Completed Department Request Form for E-3 Employment
- Completed E-3 Labor Condition Application Questionnaire and Declaration
- Completed E-3 Position Description
- E-3 Employee Data Form (must be completed and signed by the beneficiary)
- Current curriculum vitae of individual
- Photocopy of individual’s diploma (of degree required for position)—please reduce copy to fit on 8 ½ x 11” paper
- An official or attested translation if the diploma is not in English
- A credential evaluation if the degree is not from a US or Australian institution – strongly recommended
- Any licenses, certificates, or other special documentation required for the position
- Additional documentation for Health Care Workers:
- If the position is for a physician with clinical responsibilities who is a Foreign Medical Graduate, provide copies of Steps 1, 2 and 3 of the individual’s USMLE scores, ECFMG English language certification, and valid Pennsylvania medical license.
- If the position is for a registered nurse, provide a copy of the individual’s valid Pennsylvania RN license
- If the position is for certain Health Care workers, including but not limited to registered nurses, medical technologists/technicians, language pathologists, and physical therapists, a copy of the certificate from the International Commission on Healthcare Professions division of CGFNS (Visascreen), certifying that 212(a)(5)(C) INA/8 CFR 212.15(f) requirements have been met.
- Photocopy of passport page(s) showing photo, biographical data, issuance date, and expiration date