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E-3 VISA - Frequently Asked Questions

22.

Can I change my status while in the US on an E-3 visa?

Yes. You can change your visa status from E-3 to any other nonimmigrant status while in the US.

23.

Can I switch to H-1B from E-3?

Yes. As long as you qualify for H-1B, and there are visas available, you can change your status to H-1B. However, there is no legal obligation for you to switch to H-1B from E-3.

24.

Can I travel to the US on a Visa Waiver Program and apply for a Change of Status to E-3?

In certain circumstances you can travel to the US under the Visa Waiver Program to find a job or attend a job interview, but you cannot apply for a change of status to E-3 visa while you are on the Visa Waiver Program.

25.

Can I change my status to E-3 visa status if I’m already in the US in another nonimmigrant visa status?

Yes. If you are already in the US in another nonimmigrant visa category, your US employer may file a change of status petition by filing a Form I-129 (Petition for a Nonimmigrant Worker) with the USCIS Service Center with Jurisdiction over the job location. However, you can only be approved for a change of status if your present visa category supports a change of status. For instance, you cannot receive a change of status from the VWP as this category does not allow a change of status.

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26.

Can I change my employer while on an E-3 visa?

Yes. But because your E-3 visa status is linked to a specific employer, a change of employer would require a new E-3 visa application. This can be done either inside the US or at a US Consulate overseas. Once you are in E-3 visa status any new application does not count against the E-3 visa quota.

27.

Does the spouse of an E-3 visa holder need to be an Australian Citizen?

No. Your spouse and children do not need to be Australian citizens or nationals. It is only the principal applicant (i.e., E-3 visa holder) who must meet the Australian citizenship requirement.

28.

How do I demonstrate that I qualify for an E-3D (dependent) visa?

You must demonstrate to the consular officer that the established relationship exists. Usually this can be accomplished with a marriage or birth certificate. You must also show the principle applicant is the recipient of an E-3 visa.

29.

Can my dependent spouse work on E-3 visa?

E-3 spouses are entitled to work in the U.S. and may apply for an Employment Authorization Document (Form I-765) through USCIS. The spouse of a qualified E nonimmigrant may, upon admission to the U.S., apply with the Department of Homeland Security for an employment authorization document, which an employer could use to verify the spouse's employment eligibility. Such spousal employment may be in a position other than a specialty occupation.

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