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! So appreciate all your insight.
I’m filing for an i-129 change of employer and my employer and I are yet to receive a receipt notice. Are you familiar with how long this part takes or what form from your experience?
Without a receipt notice we’re very stuck and unable to check on anything.
It’s been received safely and signed for and yet no word. A little worried as you can imagine!
Thanks in advance!
Em
Hey Emily! It normally takes a couple of weeks from what I understand.
hi josh,
ive mailed in my E3 renewal at the Auckland Embassy in NZ since this is my place of abode. Its been three weeks and it says application received as opposed to my mates who mailed it in Melbourne and got it in two weeks. I have a start date with my company and am worried i might not be able to make that. Ive mailed the embassy and just got a generic email back they dont entertain when calls ! pls advise.
Hi America Josh – thanks for your helpful blogs. My wife and I have had our E-3s extended for another two years through USCIS, but we need to lots of travel this year for weddings etc.
Would really appreciate finding out where are some good consulates that Australians can go overseas (other than Australia) to get their E-3 visas. For example, I’ve heard that Bahamas is a good spot, but would love up to date examples.
Ever heard of success with E-3s in Brazil?
Hey Chris! https://americajosh.com/learn-more/immigration/covid-19-u-s-visa-location-status-updates/ this page has lots of updates for you and I’m working to digest the info more and more for you.
Hi Josh,
First of all, Thank you for the great blog. Could not find information that is so useful anywhere else.
I have a question regarding Expanded Visa interview waiver. (https://www.state.gov/expanded-interview-waivers-for-certain-nonimmigrant-visa-applicants/) Based on the information, E-3 might be eligible for expanded visa interview waiver.
I am on E-3 Visa in USA for 3 years.
My employer has recently processed my E-3 extension and it was approved a few months back((I-797A Approval notice). My visa stamping is not done yet as I have not travelled outside of USA after the approval.
Now, I want to travel to out of USA to visit my family. I want to check what my options are for Visa stamping.
Am i eligible for in-person visa stamping waiver? or Do I need to go for Visa stamping. If I am eligible for visa interview waiver, how do i know it. Is it after applying for visa interview?
I am also considering going to Canada or Mexico for visa stamping. Please suggest my options.
Thank you
Anil
Hi Anil, thanks for the kind words! The only place that I know of that waives the interview element for an E-3 is in Melbourne, Australia. You can do an application by mail but you do need to be in Australia to be able to do this.
Hey Josh,
I am an Australian citizen on F1 visa doing a Ph.D. which will be completed next year. I have received a job offer and my employer will lodge the E3 visa on my behalf. But I would also like to continue my Ph.D. part-time. Am I allowed to work full-time and study part-time on an E3 visa?
Hey Josh,
The E-3 world can be very confusing and your blogs are often the only way I can get easy to understand information, so thank you!
I wonder if you know, can I apply for an E-3 visa stamp at a US consulate while an I-129 is still pending approval? Or do I need to wait the 4-6 months processing time for approval before I can then leave the US for a consulate? I’m in my 240 day window waiting for approval, but I have an opportunity to leave the US and therefore get to an embassy and would love to do that so I can have a renewed stamp for travel.
Thanks in advance!
Hi Jacqui, it’s my understanding that if you leave the US while waiting for an I-129 it’s considered abandoned so that works for you to go to a consulate, yes. You don’t need to wait. Go get that visa!
Thank you so much!
Hey Josh, I recently extended my status in country (incl an RFE), any chance I’m eligible for mail-in visa stamping when I’m back in Aus later this year? Cheers
Hey Marty! If you had a visa of that type before, you can use mail-in. The in-country doesn’t change that: https://www.ustraveldocs.com/au/au-niv-visarenew.asp
Hi Josh, this blog is great and super insightful !!
I have a couple of questions that you might help me with to make a decision on what to do next.
My previous employer made my role redundant last Friday, and fortunately, I have a job offer of a new employer this week, subject to approval of E3 visa renewal.
I have a an approved and valid I-129 that was renewed by my former employer on March 2021, and will expire in March 2023.
My new employer will file the E-3 petition under premium processing so the USCIS will review the petition within 15 calendar days after filing.
Unfortunately, my Australian passport is expiring in 22nd March, 2022, and I submit its renewal at the Australian Consulate yesterday. As you might be aware, it will take around 6 weeks for my new passport to arrive home in the US.
1) do you know if my previous employer will cease or communicate that I am no longer working with them? If so, can I stay for 60 days or can I stay until March 2023? can I stay for either getting a new job that facilitate my E3 visa renewal or extension? or should I start preparing to leave the country?
2) Since there is overlap between E3 premium processing timing and the passport renewal process, is there an option where USCIS can approve the E3 with my current passport. Or the approval can only take place until I get my new passport?
3) I have dual citizenship (Mexican), in case my Australian passport complicated my E3 renewal, is there a similar premium processing to be able to work for my new employer with the Mexican passport?
Of course I am concerned as my new employer can and will be open to wait for my visa to get renewed, but maybe not to add 6 more weeks for the passport renewal.
I hope you can help me with your insight. Many thanks in advance.
Best regards.
Alonso
Hi Alonso, thanks so much for the kind words, I’m so glad the site has helped. I’m really sorry to hear about the redundancy, but great to hear you’ve got next steps.
1. Once you’ve filed your I-129 application, and received a receipt notice, you are ok to stay for up to 240 days or until your application is processed. So this shouldn’t be an issue. But as a note: It doesn’t matter whether the employer has filed or not, it’s still 60 days for those who lose their employment.
2. I’m not 100% sure on how this bit works with the expiring passport sorry, but generally it’s tied to whatever passport is valid for you, so I don’t THINK it will be an issue.
3. An E3 is only available to Australian citizens, so I don’t think your Mexican citizenship will come into play with this one (and I wouldn’t risk it, myself).
Fingers crossed it all comes back soon but I would imagine you shouldn’t have an issue. My passport came back in only a week or two when I did mine last year!
Hi Josh!
Thank you for your amazing website and wealth of information! It really has been so useful!
Unfortunately, my work has decided to use their immigration lawyer, who unfortunately I don’t feel has that much of an idea of E3 visas… anyway. My current E3 visa for this employer expired on 01/14/22 and she was supposed to file for the extension prior to that date, however, that didn’t happen and we are still waiting on the LCA to be approved. The biggest question that I can’t seem to find an answer to (and she won’t reply to my multiple emails/calls)… Am I legally allowed to work now that my visa is expired?! My 1-94 doesn’t expire until 12/28/22 but I really can’t see how this is legal and I don’t want to get thrown out of the country!
Again, appreciate any and all advice you can give!
Best,
Austin
Thanks Austin! Eek. I would definitely grab a hold of another lawyer. You can find some on this site! If your E3 has expired, and you haven’t filed with USCIS yet, you are meant to leave the country within 10 days. Your I-94 is valid for longer (which is good because you definitely don’t want to overstay that one), but from my understanding, you are meant to be out. You definitely cannot work.
Hi Josh just found your blog and really interested to see if you might be able to help my husband has an approved E3 visa renewed my E3D is taking time and so I am under the 240 days I am not sure why he’s has been approved and mine is still showing as received. do you have any advice on what to do next?
Sorry I don’t! You would have thought they’d come through at the same time. Is this an application through USCIS?
Thanks Josh I guess I just need to wait patiently I don’t understand why mine is still showing as received I have 120 days left?
Hi Josh I need to extend my e3d, is it possible to mail my documents for stamping to Australia while staying in US
Hi Anitha, unfortunately not. You can do it through USCIS but not back to Australia.