This is probably the most common question asked online about E3 visas and the one that seems to trip up every single person I speak to about it. On the face of it, it seems a lot easier to transfer an E3 visa to a new employer than leaving the country and having to go through the whole application process and interview again but there are some considerations you need to make.
The reason this is confusing is first because we need to discern the difference between E3 Status and an E3 visa, you can read about the difference here. In short: The visa is the sticker in your passport that lets you in the country, and the status is what you have once you're inside the country, they're different.
Can you transfer your E3 visa to a new employer?
So now that we know the difference between visa and status, the answer to this is actually NO, you can't transfer the visa, but you can indeed transfer the status of your E3 to a new employer while you remain in the US. The sticker in your passport will not change, but internally at USCIS, you will be attached to a new employer.
Alternatively, you can leave the country, get a new sticker in your passport, and then return to the US and work for that new employer.
How to transfer to a new employer with an E3 visa
This process is just the same as your first visa experience, except you'll get a status of E-3R (returning) instead of E-3. It's the same thing. I've got a full guide on it here, and if you're already in possession of an approved I-129, the process is the same.
How to transfer your E3 status to a new employer while staying in the US (I-129)
The steps required to transfer your status are somewhat like your getting a visa initially, but this is for when you want to stay in the United States, and just transition from one employer to another:
- Collect all your documents together
You'll need to get your letter of offer with all the extra information on it, you'll want to have your degree at hand just in case, and you'll want any other supporting evidence about your experience and your work at the ready.
- Engage with a lawyer
You don't have to have a lawyer but these forms aren't all that straight forward, and it's highly recommended to get a lawyer to help you. Your employer may have in-house counsel who will do this all for you.
- File the LCA
Just like before your employer will need to file an LCA with the Department of Labor in order to make sure they are allowed to employee someone at that pay level for that title of work.
- Fill in the I-129
This includes sub-parts about petitioner information, the petition itself, your information, processing information, information about the employer and employee (which includes the LCA), and export control certification (if required). This document is long and windy and you need to be very careful about how you fill it in. Take time , and answer everything correctly so the process doesn't take longer. The filing fee for an I-129 is $460.
- Consider filing for premium processing (I-907)
If you're changing employer, you will want to file premium processing which will get you an answer within 15 days (as opposed to a potential wait of 6+ months. You can file this together with your I-129 or separately. There's a $2,500 filing fee for this process.
- Wait for your approval or Request for Evidence (RFE)
In many cases, as these filings are strictly scrutinized, you will be asked for more evidence about the job, or your experience, or your employer. They will ask specific questions and you will need to send back an answer asap.
- Start work
Once your approval (I-797A) comes through and you have it in your hand, you can start work! Check the timeline below for details.
Once you've done this and you're working, the important thing to note is that you can't leave the US and re-enter unless you have a valid visa sticker (E-3) in your passport (whether for the old employer or your current employer).
If you do have an approved I-129, this doesn't change the process for you if you want to leave the country and get a visa in your passport, and there's no such thing as “just getting the stamp“.
When to give notice to your employer and transfer timelines
If you are looking down this path then you're likely still working for your current employer and you're trying to balance exactly when you will leave.
You need to consider a few things:
- 60-day grace period – If you leave your employer, you have 60 days of grace to get a new job, so do not forget about this
- I-94 Dates – Be sure to never overstay your I-94 and check that first
- Your contracts – With your current employer and your new employer you'll have contracts that talk about notice and when you have to announce you are leaving. You will need to adhere to these and work them into the mix.
- Your ability to work – This is the trickiest one but if you are transferring in-country then you can't start working for the new employer until you are in possession of the I-797A approval. You also can't work for the old employer if you're in the country after entering on your new employer's visa (and vice versa). You can however work for any US employer (assuming a few things with tax) from outside the United States.
So what's my recommendation? In most cases, if you have to give two weeks notice:
- If you're leaving the country – Best case scenario would be your new employer filing an LCA in advance, with a start date that is four weeks after you give notice. When the LCA is approved, you can give your notice to the old employer to formally kick things off (and you can keep working at this time). You then book a visa appointment around the world for three weeks after notice. So you give notice, two weeks later you take a week off, you then fly out of the country to your appointment, wait a week to get your passport back and return to work. That's a tight turnaround and I would generally give yourself some more wiggle room (and time to sit on a beach between jobs) but that's your optimal timing
- If you want to stay in the country – You have your new employer file an LCA for you to start four weeks after giving notice. When the LCA is approved, you can give your notice to the old employer to formally kick things off (and you can keep working at this time). You then work out your last two weeks, then file your I-129 with premium processing, two weeks later you get the approval and can start working.
Again though – Get a lawyer! These timings are heavily regulated and scrutinized, so you don't want to trust me with your personal situation.
So should you change status or get a new visa?
My general advice to people is if you can take the time, go for a holiday and get a new E3 visa in your passport.
If you don't have the time, then the internal transfer is a wonderful way to bridge and start work and then go traveling and getting a visa in your passport at another time.
If you do internally transfer and then go to get your stamp you have two options:
You can use the LCA you used for the initial transfer, or you can file a new LCA and use that. The benefit of filing a new LCA is that you can extend for a full two years from appointment, as opposed to just using up what's left of the LCA. For example – If you file an LCA to start with a new employer for July 1 2023 and internally change status, then the max length of your stay would be until June 30 2025. If you leave the country and get a stamp in your passport 6 months after starting (January 1, 2024) then your visa will be valid until the same June 30 2025, but if you get a new LCA, you can have until December 31 2025!
Hi Josh,
I initially came to the US on F1(Student Visa), things didn’t workout with funding my studies as planned. So, I was fortunate enough to find work and my employer applied for change of status(F1 to E3) with USCIS, with premium processing. After 2 weeks, RFE, another 2 weeks, my change of status was approved and I’m on E3 visa now.
Q 1. If I want to change jobs, what would my new employer need to do?
(I’m assuming new LCA and an amendment OR a new E 3 petition with USCIS)
Q 2. Will it cost me another $2500 for the premium application?
Thanks
Hi Josh,
Just to confirm, if I wanted to transfer my E3 to a new employer, I can do that and apply for premium processing correct?
In essence getting confirmation of the transfer in 15 days.
Can I then leave and enter the country as I wish after that approval?
Thanks!
Jay have a read of this one: https://americajosh.com/blog/important/e3-visa-holders-are-permitted-to-travel-after-an-internal-change-of-employer/
Hi Josh,
At the moment I am in Texas working at a school on an E3 Visa. I am looking to add an employer to my visa. Next year I will still be working for the school, but I’m looking at doing that part-time and working at another job part-time as well.
Do you know the process for this, as my primary job will still be with the school that is connected to my visa?
Thanks so much,
Ruben
Hi Ruben, you need to go through the full process to get a modified visa, so you need to go get an LCA, and then go to a consulate, and you need to make sure you look at a concurrent E3, and they don’t cancel the original. I would highly recommend using a lawyer for this!
Hi Josh,
I’ve left my job and the 60 day grace period of my E-3 Visa runs out at the end of April.
While I’m still in this grace period, am I able to travel and re-enter the US? I’m assuming the answer is yes because I have a valid Visa until the end of April but how do I explain this to immigration?
Many thanks!
Hi Jen, no I do not believe so. It’s just time to find work and/or pack up, it’s not an actual visa extension.
Is it possible to change my current E3 employer to part-time and add a new E3 employer (whie in Australia). What should I do to ensure the first E3 remains valid?
It’s difficult, I would recommend getting a lawyer involved!
Hi Josh,
I have a E-3 visa but I never used to enter the US due the employer cancelled the offer. If I am still outside the US and found a new US employer, what would you suggest, to re-apply to a new E-3 with the new employer or transfer my current E-3 visa from my older employer to the new one?
Hi Rogelio, best bet would be to get a new one. You can’t transfer it because you can’t enter on it.
Hey Josh! Wondering whether the new mail in option is applicable to changing employers as well?
Thank you
Yes indeed – more here https://americajosh.com/learn-more/immigration/e3-visa/how-to-apply-for-an-e3-visa-by-mail/
Hi Josh,
If you change the employer inside the US and so your E-3 visa status, you can also extend or renew the E-3 visa inside the US right ? Why did you mention you will be stuck in the US if you change the employer under a current E-3 visa? The same would apply when you want to renew with the same employer – all would happen inside the US? Many thanks for any comment and attention,
RE
Hi Roberto, you can extend your status and stay in the US, but your physical visa sticker in your passport remains unchanged. So when that document expires, even though you have extended your status and can stay in the US, you can’t leave and re-enter. Whether it’s a new employer or the same.
Hi Josh,
Thanks for this! I am leaving my current job for another and plan to file for another E-3 this way. What do I need to do to let the department know I’ve left this first job?
Many thanks!
Nothing! Just make sure you don’t remain in-country too long without status.
Thanks a bunch!
Thanks Josh. My preference would be travel and get mail in application as it will allow re-entry, meeting family and travel is open now. Just was not sure about mail in application qualification.
Hi Josh, I am on E3 visa and changing employment. I will get my LCA in first week of November. Is it advisable to do USCIS premium processing or better to travel Melbourne and get new stamping? Is it ok to do mail in application as my job is in same industry although my new employer is in different industry. Thanks.
Hi Vish, so the in-country transfer will work for now to get you working. And then you can travel to Melbourne when you’re ready. The downside of not traveling is that you won’t have a visa in hand for re-entry to the US. No probs with the new industry, it should just depend on whether you’ve had an E3 before which you have!