E-3 Extension/ Amendment/ COE/ COS
The definitions and procedures for making the following changes to an E-3 visa for beneficiaries already in the United States are provided below. Any scholar wishing to extend their current E-3 status, or file a new to E-3 petition, also has the option of travelling back to Australia and filing directly with the Consulate overseas.
E-3 Extension of Status (EOS)
Beneficiary would like to extend employment end date.
Beneficiary holds an E-3 at Northwestern, but needs to change details such as job title, job description, salary, or hours worked.
E-3 Change of Employer (COE)
Beneficiary is transferring to Northwestern University from another institution.
E-3 Change of Status (COS)
Beneficiary would like to change status from F-1/J-1/B-1 to E-3.
Steps for Host Department
1. Host department collects and submits the following documents to OISS:
- E-3 Department Authorization Form
- Official University position confirmation/offer, which must cover dates of requested E-3, salary and job title.
- For faculty: faculty appointment letter;
- For staff positions: Human Resources offer confirmation letter;
- For research staff: research staff appointment;
- For postdoctoral fellowships: postdoctoral research appointment.
- E-3 Itinerary Letter (See example)
- Credential Evaluation if degree is from overseas
- Passport Bio page
- Visa stamp issued by Consulate- if applicable
- Visa entry stamp issued by Customs- if applicable
- Any previous immigration documents, such as DS2019, I-20, I-612 waiver recommendation, or approval notices
- Last three months paystubs, if applicable
- Copy of W-2, if applicable
- Employment letter from current employer, confirming employment start date-if applicable
- I-94 record- if applicable
- $460 Processing fee check made payable to The Department of Homeland Security (must be paid by the department). If the department would like to use Premium Processing, the department must also pay this fee ($2500). All checks must be separate and all are paid to the Department of Homeland Security. See H-1B check request process for detailed instructions. OISS recommends waiting to request the checks from Accounts Payable until the prevailing wage has been determined so that the checks don't expire.
2. OISS and host department manage the prevailing wage determination (PWD) and Labor Conditions Application (LCA) requirements
- OISS obtains the prevailing wage determination to ensure that the university's wage offer is adequate.
- OISS files a Labor Condition Application (LCA) with the Department of Labor.
- OISS emails the LCA notice to the host department, which posts it at a conspicuous place for 10 business days. See posting notice instructions.
- The department then returns LCA to OISS.
3. OISS prepares E-3 petition
- OISS reviews the paperwork and emails the Department and/or Beneficiary if any additional documents are necessary.
- OISS files the application with USCIS and provides the Department and/or Beneficiary with a FedEx tracking number.
4. Receipt and Approval Notices are sent according to the following processing times
- Within approximately 2-3 weeks, OISS emails the beneficiary, host department contact, and Payroll Department confirming the receipt of the Receipt Notice. The Receipt Notice is required for employment to begin at Northwestern.
- Within approximately three to four months, OISS emails beneficiary, host department contact, and Payroll Department confirming the decision made by USCIS. The Approval Notice and support documents will be ready for pick-up at the OISS.
- If the Beneficiary is outside of the Evanston/Chicago area, the host department contact will pick up documents and send them to the beneficiary. The Approval Notice is required for any and all international travel.
The E-3 beneficiary will have to file the I-539 form to extend his/her dependents' status. This I-539, including the following documents, should be included in thr E-3 extension/ amendment/ COS/ COE filing.
- Completed form I-539
- Copy of dependent(s) visa stamp page
- Copy of dependent(s) passport biographical page
- Printout of dependent(s) I-94
- $370 fee check made payable to The Department of Homeland Security (payable by you or your department)
- Copy of marriage certificate for spouse and/or birth certificate(s) for children. Include both original and English translation.