There is basically constant confusion online as to the difference between extending your E3 status in the United States, and actually renewing your E3 visa at a US Embassy or Consulate abroad. So what's the major difference between the two and which one should you do? Do they impact each other and can they help each other?
I spend a lot of time on Facebook groups and in chats with people asking each other how to make sure they can stay working in the United States on an E3 visa. Ultimately this comes down to two choices: renewing your E3 visa at a US Embassy or Consulate, or, extending your E3 status in the United States through USCIS (via an I-129).
The two of these are significantly different, and it's important you understand the differences between the two before deciding on a path.
What's the difference between “status” and a visa?
This is at the core of the question and it's good that you're asking, here's immigration lawyer, Doug Lightman from Lightman Immigration talking with me about it.
Here's the breakdown: “A visa allows you to request entry into the United States.” When you enter, you are now in an E3 visa “status”. The visa allows you to enter into a status in the United States.
Now, let's explain the process for each:
How to renew your E3 visa at a US Embassy or Consulate
In this scenario you are ultimately going to end up with a new visa sticker (they call it a stamp, but it's a sticker) in your passport. This will have a date that is up to 2 years in the future and the visa is the pass that allows you to enter the United States from overseas.
A renewal of an E3 visa is virtually identical to getting the inital E3 visa that you already have:
- You get a new certified LCA for the dates of your employment;
- You fill in a DS-160;
- You make an appointment at an embassy or consulate*
- You attend an appointment with all of this in your hand;
- You get approved and they take your passport;
- You collect (or are sent) your passport with a new visa stamp in it.
You'll find the step-by-step process to getting an E3 visa here and there are guides for how to do all of these steps on there.
This is the ideal scenario, but you'll notice I put a little * next to #3, because right now, due to COVID, this step is nearly impossible to achieve without an approved emergency appointment or some extreme luck. More on that below.
How to extend your E3 status while staying in the United States (via USCIS)
This is a slightly more difficult process because USCIS scrutinizes applications a bit more closely than the embassies and consulates do. The concept is the same, but the practice is different.
If you are in legal status in the United States, you can file to extend that using a new LCA and an I-129 (but not in all cases). It's a bunch of paperwork sent off to USCIS and while that's processing you generally have to stay in the country.
When you file internally to extend your status, you also immediately get 240 more days status (your status is defined by your I-94) without even getting the approval back. This is a great stop-gap while we wait for consulates and embassies to re-open!
This paperwork gets returned with an approval or an “RFE” (Request for Evidence) which requires you to send more information about yourself, the job, and the employer (all or some of this).
Once you are approved, you can stay in the country for as long as your status has been extended (generally in-line with your LCA).
Please note: If you have dependents, or if your visa isn't an E3, or a multitude of other conditions, this might not be right for you. Be sure to consult with an immigration attorney before you do this, because I'm not a lawyer and this is not legal advice.
Update February 24, 2021: USCIS has recently announced premium processing for E-3 visas meaning that internally changing status has come down from months to weeks!
So what's the difference between the two?
The fundamental difference between the two is that the visa allows you to remain in the country AND then re-enter if you leave (on holiday, or for any other reason), whereas the status allows you to remain in the United States only.
If you extend your status in the United States, you can keep working and remain legally in the country, but once you leave, you're out, you have to go through the whole application at the embassy or consulate from above if you want to re-enter.
Why would I want to extend my status and not get a new visa (especially during COVID)?
So the question I get asked a lot is why would you need to use this path?
The answer is that throughout COVID we've seen that many places where you would normally get a new visa or renew an old visa are no longer open to applications and you therefore can't actually use their services!
For this reason, the extension of status is a great solution so you can remain working with your current employer and remain legally in the country for longer! Once embassies and consulates open again, you would then go there, get a new visa, re-enter and we're back to square one!
When you file internally to extend your status, you also immediately get 240 more days status (your status is defined by your I-94) without even getting the approval back. This is a great stop-gap while we wait for consulates and embassies to re-open!
Can you change employer with a change of status and remain in the United States?
Yes, but it's tough because right now it's taking around 6-9 months to get the confirmation back and you can't work with the new employer during that wait time. You also can't leave the country and return (if your visa has expired already).
A new visa would allow you to get a new employer and re-enter right away.
Does an extension in the US affect my E3 visa renewal when I do leave the United States and file for a renewal?
When you receive an approval in the US and are holding an I-797A there may come a time where you want to leave the US and get an actual visa.
This USCIS internal extension doesn't really do anything when it comes to filing for a new visa at a US Embassy or Consulate (unfortunately). You should definitely bring it along and have it on-hand as it would be supportive of your application, but in and of itself it doesn't really change anything.
The process is the same: You need to do everything like you would if you had not gotten the internal extension.
Can I re-use an LCA for an E3 visa renewal if I used the same LCA fora USCIS extension?
Yes, but you likely don't want to.
LCAs don't get “used up”, they are simply a document from the Department of Labor that says your employer has the legal right to offer employment to you. You then take that support with you when you get an extension or renewal, but it's not attached to that particular extension/renewal in any way.
So yes, you can file again with the same LCA, but you likely don't want to do that because it will mean that you are missing out on good visa time available to you.
Why do I say this? Well let's say you filed internally, and got a 2 year extension, then stay in the US for 1 year. Half way through your extension. If you leave the US and go to a Consulate or Embassy for a renewal, and use the same LCA, the LCA will show that you are only able to be employed for one more year (in line with your extension) so your visa will reflect that too.
If you instead filed for a new LCA, then you would be able to keep working for up to two years on that approved visa. A much better solution, especially when getting a visa appointment is such a painful process.
How early can I apply for a new E3 visa?
In theory you can apply for a new visa the day after you got your current one. There's no actual limit to how early you can apply because you're going through the whole process from start to finish (so it's the same as getting a new one).
In practice, though, it's easiest to hold out to within 6 months of your last one expiring if you're staying with your current employer, just because you might get asked why you're doing it so early. Officers can add more scrutiny of they don't understand what you're doing, so if you are going early, just be sure to have a reason (e.g. “I was visiting family and this timing worked best!”)
How do I do all this extending and renewing?
Speak to an immigration attorney, here are some I trust!
This stuff isn't all that straight forward and you don't want to run afoul of immigration, especially if your plan is to live and work in the US for a while longer.
Don't mess around.
Hi Josh
Thanks for your service, your website has a wealth of information.
I have an approved E3 with my employer at his office work location, now because of remote work flexibility, I am planning to move to a different state (which is in a different MSA)
Except for location change, everything else remains the same about my job.
One attorney said that a new LCA for the new location is just enough, no E3 visa amendment is needed.
Other colleagues who are on H1B under similar situations are amending their visas.
Do you know an E3 visa amendment is needed when there is only a work location change (in new MSA), or just an LCA will do?
Thanks
Reddy
Hi Reddy, you’re very welcome! I believe an LCA should be fine if the job and pay remains exactly the same. It’s always the extra caustious option to do the full extension/change but I think you should be fine with the LCA.
Hi Josh,
My E-3 expired, however my renewal was approved in July (I have the I-797A / I-94). I had to come to London urgently last minute and my employer said that I would be able to travel back into the US with my passport containing my expired stamp along with the I-797A and I-94. Is this correct or do I need an updated stamp?
How do I get the updated stamp? Do I need to apply for the DS-160 again? I already have it approved so it’s just a matter of getting a stamp….
My flight is in a couple of days so trying to figure this out as quickly as possible. Thank you so much!
Hi Antonia, it is my understanding that you can’t re-enter without a valid visa. You could possibly re-enter if you were in Mexico, Canada, or surrounding islands only. I believe there’s also an exception if you have a valid visa for another employer, and your I-797A but not the combination you have.
So yes, to get a new stamp, you would need a new DS-160 and a new appointment. Unfortunately, there’s no real “just getting the stamp” it’s a whole new process.
I would strongly advise speaking to another immigration specialty attorney to make sure before you go!
HI Josh,
I am a textile designer who has been with the same company for 4 years. Because of Covid I could not get back to Aust (despite having booked everything- my flight was cancelled). I applied for the I-129. Just received an RFE which is EXTENSIVE! I have until Jan 27 2022 to respond. Can I leave the country and try to get my renewal while RFE is still pending or can I withdraw my application with USCIS? And if my application for extension is denied- can I leave the country and submit another E3 for my existing job or a new one?
Hi Nicola! It is my understanding that your leaving the country is considered abandoning your I-129, and yes, you can go to a consulate and go that way instead whether it’s pending or denied.
Always good to confirm that with an immigration attorney, as I don’t know the process to withdraw an application (as opposed to abandoning it!)
Great thank you Josh- will definitely consult with an attorney.
Hi Josh,
I just got my extension with USCIS approved. If I’m wanting to get the visa sticker can I take that approval to an embassy and get the stamp or do I need to do all the forms for an E3 at an embassy as I did with the initial visa I got approved?
Cheers, Steve.
Hi Steve, you need to do the full process as you did with the initial one, but you can take the approved document with you which should hurry things through!
thanks mate
Hi Josh,
Appreciate the article.
My E3 visa had expired early this year. However I still remain in the US under my current I94.
With an expired E3, what would be the best option in my circumstance. To try fly abroad and get it done in a consulate, or remain in the US and file for an extension. Will I be eligible for an extension if my E3 is expired?
I preferably wouldn’t mind staying in the US while the extension process goes on. Just wondering if I’d be eligible.
So if your E3 is expired, you are technically meant to leave the country within 10 days of it expiring, so I would definitely be careful about filing internally. Best speak to an immigration attorney!
Hi Josh (love your blog, sliver of hope in a sea of confusing government guidance 😀 )
I was granted a waiver for my initially declined E-3 visa due to some old infringements. Am I able to apply for an extension or the process further complicated? My Visa expires in January so I’m wondering how I’d go about this process.
Cheers,
G
Hi G! Thank you for the kind words!! Ooh, this is a very good question. My advice would be definitely speak to an immigration attorney. While it can be done without, I would highly recommend involving one in your situation as it will take some nuance and experience! I can recommend a few options if you need them.
Hi I came on an e3 with an employer. The employment was about to end and my spouse got a permanent job offer. We applied e3 for her under premium processing and also requested for change of my status from e3 to e3s. Do yiu know what the approximate timelines are for the e3s approval within US. We did get the e3 approval within 2 weeks.
So, unfortunately I don’t think there’s premium processing for E-3S so I think it’s generally taking months.
Hi Josh, My employer has filed for E3 Extension with USCIS, with a change of work location in the LCA, and since there is slight change to my previously approved visa(now it’s different work location, same Employer), so I would like to know if I am still allowed to work(240 Day Period) until the petition is approved.
It is my understanding that if the EIN is the same (Employer Identification Number – ie. It’s the same business), you’re fine to keep working.
Hi Josh, just wondering if you could recommend any hot tips for how to file your i-129 for those of us who can’t afford a lawyer to do it for us? Is it too difficult to do independently? I’ve filled out the form, have my W-2, pay stubs and money order, is there more to it than I’m seeing or can I go ahead and file independently?
Hi Michael! Ooh that’s getting out of my depth sorry! I don’t actually know how to do it, as I haven’t been through that one myself and generally recommend speaking to an attorney. I do understand there’s a cost involved that can be significant! Maybe somebody else will comment with more tips.
Hi Josh my LCA is valid until 02/28/2023, however my passport and visa needs renewing. Is this as easy as making an appointment with a US consulate (Houston my closest) and starting there? Or can I do a mail in back to Melbourne Australia?
Hey Nathan, you can either extend your status internally (you do that through USCIS, not the Consulate) or yep head out of the country and get a new visa there!
I’m renewing my E3 visa and a lawyer has told me I need I now need my academic transcript evaluated? When I first got it, they didn’t even ask for my Academic Transcript, is this something that people have found necessary? They want to charge me $500 for it! If its required, can you recommend a service I can scan my docs and get them “evaluated”?
Are you renewing in-country as opposed to at a US Consulate, Michael? There are two I can recommend: https://www.trustfortecorp.com/ and https://silvergateevaluations.com/
Hi Josh,
I just accepted an offer for a new position within the same company in San Francisco. I just had my E3 visa renewed under my current role back in Dec of 2020 in Melbourne when I flew back. The immigration lawyers are recommending I file for a E3 amendment and extension because of the new role. They said once this is processed and approved I will be permitted to leave the US and return, is this true?
Thanks very much for your help.
Hey Tish! Hmm that’s a very good question. It would be my default understanding that no, if you’ve filed for an amendment, your visa is no longer valid but I could be very wrong about that! I’ll look into it asap!
Hey Josh,
I have had my E-3 visa renewed in-country and it’s valid until 2024. However, because it was done in-country, I don’t have a stamp in my passport. I have an embassy appointment in London on Sep 19, and I have my LCA, DS-160, employment contract etc. Can I ask your advice on the right wording to use at the embassy during the interview? I’m not applying for a new E-3, I just need a stamp in my passport, but I don’t really know how to phrase that correctly. Grateful for any advice you have!
Thanks,
Celeste
Hey Celeste, unfortunately there’s no such thing as “just the stamp”. You’re applying for a new visa, just like if you didn’t do the internal extension.
Hi Josh,
My attorney received a RFE for my E3 extension, my I-94 and visa expired, so I am in 240 day period. Shortly my work location is also changing for the same employer, so I need to apply for an amendment as well.
Is it a good idea to get a LCA with new location, then travel overseas consulate and get it stamped?, so both my extension and location amendment will be taken care off.
Any idea what happens to RFE and initial extension application? Should my employer withdraw that after I re-enter with new visa stamp?
Thanks
Reddy
Hi Reddy!
I think yeah it may be better to leave and get the whole thing done again outside of the country (with the benefits of a visa stamp). Right now, unfortunately, that’s a tough one because most consulates and embassies are closed. Do you know how long you have to answer the RFE?