In an incredibly exciting release from USCIS on November 12 titled “Employment Authorization for Certain H-4, E, and L Non-immigrant Dependent Spouses” it appears that E3D (dependents of those on E3 visas) are now going to be allowed to work much more easily in the US.
On this page
One particularly difficult element of moving to the US from Australia on an E3 visa with a family is the fact that spouses traditionally have not been allowed to start working until they receive an EAD (work authorization). In addition to this, once the E3D is renewed, there’s another delay in getting a renewed EAD which means that work has to be stopped and for many, this makes work difficult or impossible to find.
In the release from USCIS on November 12, however, it appears that US Citizenship and Immigration Services (USCIS) has changed this policy to make it much easier for those on E3Ds to start work.
You can read the full policy alert here and updates have been made in the “Family of E-3 Nonimmigrant Workers” section of the E-3 information page on the USCIS website.
Contained in this article about E3S automatic work authorization
- What has changed for E3Ds already in the US who have expiring EADs?
- What has changed for E3Ds who have not yet received or applied for an EAD?
- How to have the new E3S and E3Y status applied when you arrive to the United States
- Getting social security with a new E3S or L2S visa
- What has changed for those dependents of L1 visas (L2) and H-4 visa holders?
- Highlights from this policy update for E3Ds, L2s, and H-4s
What has changed for E3Ds already in the US who have expiring EADs?
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address automatic extension of employment authorization for certain H-4, E, and L nonimmigrant dependent spouses. USCIS is also rescinding the 2002 Legacy Immigration and Naturalization Service memorandum entitled, “Guidance on Employment Authorization for E and L Nonimmigrant Spouses, and for Determinations on the Requisite Employment Abroad for L Blanket Petition” (2002 INS memorandum).
In short, the update states that:
USCIS is updating its interpretation and implementation of [existing policies] to provide that certain H-4, E, or L dependent spouses [e.g. E3S] will qualify for the automatic extension provided under this regulatory provision if certain conditions are met.
In order to show that you have work status, you will no longer have to wait for a renewed EAD. Instead you must show that you have a valid I-94, and you have filed for your extended EAD in a timely manner (and have received an I-797C notice of action receipt), and can show your expired existing card. This combination of documents “may be acceptable to evidence unexpired employment authorization for Employment Eligibility Verification (Form I-9) purposes”.
The new and updated summary from E-3 Specialty Occupation Workers from Australia shows that certain E-3 dependent spouses qualify for the automatic extension of their existing Form I-766 EADs if they meet certain conditions:
- They timely filed a renewal Form I-765, Application for Employment Authorization, based on the same E-3 nonimmigrant status;
- They have an unexpired Form I-94 showing their status as an E-2 nonimmigrant.
The automatic EAD extension will continue until whichever comes first:
- The end date on the dependent spouse’s Form I-94 showing valid E-3 nonimmigrant status, as applicable;
- The date we approve or deny their application to renew the EAD; or
- 180 days from the “Card Expires” date on the front of the EAD.
Eligible E-3 dependent spouses may present the following evidence of the automatic EAD extension to employers for purposes of Form I-9, Employment Eligibility Verification:
- Form I-94 indicating the unexpired E-1 nonimmigrant status;
- Form I-797C for a timely-filed EAD renewal application (Form I-765) stating “Class requested” as “(a)(17)”; and
The expired EAD issued under the same category, Category A17.
What has changed for E3Ds who have not yet received or applied for an EAD?
This is the particularly exciting update in this policy change alert.
In addition, USCIS is also clarifying that it will consider E and L dependent spouses to be employment authorized incident to their valid E or L nonimmigrant status
This is saying that those who successfully receive an E3D will automatically be given work privileges (without the need for an EAD at all).
No more waiting for an EAD to start work! This is very exciting for hundreds and thousands of dependants all across the United States.
Traditionally, E and L spouses have been required to request employment authorization by filing an Application for Employment Authorization (Form I- 765) and receive an EAD before beginning employment but this updated policy changes that.
DHS will immediately take steps to modify Forms I-94 evidencing nonimmigrant status issued to E and L dependents so that E and L dependent spouses can be distinguished from E and L dependent children on the face of the document. Once these changes are made, the revised Form I-94 containing a notation indicating that the bearer is an E or L dependent spouse will be acceptable as evidence of employment authorization under List C of Form I-9
This all means to say that they will make sure your E3D documents show that you are allowed to work (as children are not allowed – so they need to have different information on their papers).
The new and updated summary from E-3 Specialty Occupation Workers from Australia shows that certain E-3 dependent spouses qualify for the automatic extension of their existing Form I-766 EADs if they meet certain conditions.
How to have the new E3S and E3Y status applied when you arrive to the United States
With these updates now in place, it’s important that you take full advantage of them.
When you arrive at the airport as an E3D, be sure to request an E3S if you are a spouse, or an E3Y for your dependents. We’re hearing of cases where officers were unaware of the new E3 types and they therefore didn’t use them.
If you are admitted to the US with just E3D (and not E3S) your automatic work rights will not apply.
Updated (3/18/2022): Another step forward with E3D and L2 spousal visas and the ability to get automatic work authorization! If you entered before Jan 30 and the issuance of the E3S status and have adjusted status with an I-539, you will receive a letter from USCIS which you can use as work authorization! You’re no longer required to leave the country and return to get the new status.
USCIS just issued updated guidance which has explained that
if you are an E or L spouse age 21 or over who has an unexpired Form I-94 that USCIS issued before Jan. 30, 2022, we will mail you a notice beginning on or about April 1, 2022. This notice, along with an unexpired Form I-94 reflecting E-1, E-2, E-3, E-3D, E-3R, or L-2 nonimmigrant status, will serve as evidence of employment authorization”
If you don’t get this letter:
And if you haven’t received it?
If you are an E or L spouse and under 21, or if you have not received your notice by April 30, email [email protected] to request a notice.”
This is however just for “individuals identified as qualifying spouses based on a Form I-539 approved by USCIS” as opposed to everyone who entered before January 30.
And just to recap:
As of Jan. 30, 2022, USCIS and CBP began issuing Forms I-94 with the following new COA codes for certain E and L spouses: E-1S, E-2S, E-3S, and L-2S. An unexpired Form I-94 reflecting one of these new codes is acceptable as evidence of employment authorization for spouses under List C of Form I-9.
Getting social security with a new E3S or L2S visa
After a frustrating few weeks with the Social Security Administration (SSA) for many entering on an E3S visa, there has been progress! The SSA will now recognize that E and L spouses are work authorized incident to status by May 6, 2022.
on June 3, 2022 the Social Security Administration update their policy for E3S visas and automatic work authorization (and getting Social Security Numbers – SSNs)!
Instead of rumors, and private memos, we now have official policy that instructs SSA officers how to deal with E3 Dependents (E3S, formerly E3D) and the fact that they now get automatic work authorization incident to status.
E3S has been moved to the category “Aliens employment-authorized without specific DHS authorization” alongside E3!
As per RM 10211.420 Employment Authorization for Non-immigrants (https://secure.ssa.gov/poms.Nsf/lnx/0110211420):
“Effective November 2021, USCIS granted E-1, E-2, E-3, L-1, and L-2 spouses work authorization incident to status. I-94s issued prior to November 2021 may reflect the COAs of E-1, E-2, E-3, L-1, and L-2 and those spouses no longer must present a marriage document to establish work authorization as spouses of E-1, E-2 E-3, L-1, and L-2 principles. If the supplied I-94 was issued prior to November 2021 then USCIS will not issue a new I-94.”
If you are still having issues with the social security office issuing your SSN (or instructing you that you need an EAD) print out the above page and take that with you. This is their official policy guide and there relevant section is:
G. Policy for employment authorization by Class of Admission (COA) – 1. Aliens employment-authorized without specific DHS authorization.
Inside this section you will see that E3S is now listed next to E-3.
What has changed for those dependents of L1 visas (L2) and H-4 visa holders?
From my initial reading, these changes apply to these visa statuses as well.
Highlights from this policy update for E3Ds, L2s, and H-4s
- Provides that certain H-4, E, or L dependent spouses qualify for automatic extension of their existing employment authorization and accompanying EAD if they properly filed an application to renew their H-4, E, or L-based EAD before it expires, and they have an unexpired Form I-94 showing their status as an H-4, E, or L nonimmigrant, as applicable.
- Provides that the automatic extension of the EAD will continue until the earlier of: the end date on Form I-94 showing valid status, the approval or denial of the EAD renewal application, or 180 days from the date of expiration of the previous EAD.
- Provides that the following combination of documents evidence the automatic extension of the previous EAD, and are acceptable to present to employers for Form I-9 purposes: Form I-94 indicating the unexpired nonimmigrant status (H-4, E, or L), Form I-797C for a timely-filed EAD renewal application (Form I-765) stating “Class requested” as “(a)(17),” “(a)(18),” or “(c)(26),” and the facially expired EAD issued under the same category (that is, indicating Category A17, A18, or C26).
- Provides that E and L dependent spouses are employment authorized incident to their status and therefore they are no longer required to request employment authorization by filing Form I-765 but may continue to file Form I-765 if they choose to receive an EAD.4
Hey Josh,
Awesome news, when will the policy start officially? I couldn’t find out the exact date on the website. Thank you!
Hi Kay, this has officially started right now, but it takes some time to implement and we don’t have the exact timeline in mind.
“DHS is taking steps to modify Forms I-94 that show nonimmigrant status issued to E dependents so that E dependent spouses can be distinguished from E dependent children on the face of the document. Once these changes are made, the revised Form I-94 containing a notation indicating that the bearer is an E dependent spouse will be acceptable as evidence of employment authorization under List C of Form I-9.” – https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-3-specialty-occupation-workers-from-australia
Hi Josh, how do we track the status of the I-94 form changes? Do we have any estimates on when these changes will be made by DHS?
Thanks,
I’m keeping an ear out for changes and will absolutely send them to my newsletter and update the site!
Thanks, just signed up!
This article suggests that the I-94 changes have to be implemented by March 10th: [monda /unitedstates/general-immigration/1132084/updated-settlement-changes-uscis-recognition-of-work-authorization-for-h-4-and-l-2-eads]?
Is there any validity in that from your understanding?
Yep that’s my understanding of how the rules are meant to implemented in situations like this. They have 120 days.
Thank you! I am still a little bit confused.
Would this mean new E3Ds can start working when they arrive in the U.S. now? Or they will need to wait for the implementation to finish, I heard that the implementation may take up to 6 months?
They need to wait for the implmentation!
Hi Josh,
Any idea when will this be implemented ?
Sadly not yet, Sahil!
Hi Josh,
How would we know DHS have modified the I-94 form? Is there usually an announcement by DHS or USCIS on their website confirming the changes have been made?
Thanks!
Hi Tracey, I’m not sure just yet but am investigating!
As an e3 dependant holder, can I start working if the employer accepts my I94 + marriage certificate? Is it against the law?
It is against the law, yes. You need an EAD at this stage to start work. Your I-94 + Marriage Certificate is not work authorization.
Josh – I know of few friends (mainly having H4 visa) who were initially excited about the above new policy changes, but, are now still very disappointed that its really not helpful. The main challenge many are facing is the fact that their I-94’s also have the same date of expiry as their H4 and hence its very rare that they can have a situation that their I-94 date is in the future and hence enabling them to get benefit from the 180 day extension rule. Is there any way we can get our I-94 date updated if our E3D application is still not approved? The processing time for the E3D is still pretty long and delayed. With COVID situation and embassies not being open in most countries yet, travelling abroad has become a major challenge.
But yes, I am really hoping that the new rule that E3D visa holders need not have to apply for EAD, is implemented soon.
Any pointers on how to get the I-94 date updated during the current situation?
I am in E3D. My EAD card and I94 expired on 12/31/21. I have applied for my EAD extension and extension of stay I797C. Both the applications are still pending. However, my spouse (primary applicant) E3 extension is approved and has valid I94. As per the auto extension of E3D extension. Will I be able to work?
Hey Josh, My husband is the primary on E3 and I am on E3D. My Husbands Visa is approved. My I94 is expiring at the end of January. I would like to know if I am still eligible or what are the next steps. Thanks in advance!
Hi Kavitha, at this point I would definitely speak to an immigration attorney to make sure. It’s all a bit gray for me to say for sure sorry!
Hi all! Did anyone else hear that the changes to E3D are being implemented by march 12? If so, can anyone confirm that this is going to happen and how were are expected to know what to do?
The March 12 date is based on the 120 days USCIS suggested it would take to update the I-94. So yep that’s the expectation. They don’t really say much in between proposing it and implementing it so there’s nothing more to know just yet, but I will update the site as soon as we hear anything else.
Following this! I arrived in the US on an E3D on the 6th of January and just got turned away from the social security office because they claimed I’m not work authorised.
I’m assuming we’re all still waiting for the I94 changes to take effect and to find out what exactly they’ll look like.
My I94 does state E3D on it, but I’m guessing there is something further coming that indicates work authorisation status.
That’s correct, Matt. E-3D can be a child as well, who would not have work auth. So it needs to have a different notation that we are still waiting on!
Thank you so much for clearing this up, I was running on the assumption that E3D was specifically a spouse. Fingers crossed it’s only another 6 week wait then, at least that’s certainly less than the 12 month wait applying for an EAD.
Hey Josh,
Hope you are doing well. I just got my E3 approved (not one single question asked during interview) however I am awaiting visa interview for my wife for E3D, can you please help me understand what documents for she need to carry for the visa interview. There isn’t much information for E3D visa interview anywhere, hope you can help me out.
Keep up the noble work you are doing.
Cheers,
Satya Dharba
Hi Satya,
Wonderful! So there’s some information here: https://www.ustraveldocs.com/au/au-niv-typee3.asp#dependants but basically you need:
1. DS-160 nonimmigrant visa application confirmation page;
2. Visa interview appointment confirmation page;
3. Proof of payment of visa fees;
4. A passport-style photograph that meets DOS‘s nonimmigrant visa photo requirements;
5. Passport valid for at least six months beyond the E-3 employee’s authorization end date;
6. Evidence of relationship to the E-3 employee:
a. Marriage certificate for spouse;
b. Birth certificate for each child;
7. Evidence of the E-3 employee’s status (copies of Form I-94, visa, approval notice, offer/support letter, etc.); and
8. Any other documents required by the specific U.S. embassy or consulate (the link above and when you get the appointment, you should be sent a list).
Hey Josh, Do you know are have any idea if the existing i-94 also gets updated as part of this new rule. Or the people who are already in the US on existing E3D will have to depart and get a new i-94 at the border to get the updated E3Ds status on their i-94.
My understanding is it will not update your existing status. You’d need to leave and re-enter.
I have a same question. I have been in US for two years and already applied for extension. Will i94 under i797 have E3DS or just E3D status?
Good question, I don’t know, sorry!
Hi Josh,
Incredibly helpful article! Quick (though perhaps silly) question – how would you know if you’ve been stamped with the automatic work authorization? I arrived on an E3D a few days ago but am having trouble figuring out whether I need to apply for an EAD now or not.
Hi Noe, you should check your I-94 here: https://i94.cbp.dhs.gov/I94/#/home
Check what your status says, as you want it to say E-3DS I believe (S is for Spouse).
Thank you for your response! For my class of admission, it says E3D but it doesn’t have an S – do you think that means that I don’t have the stamp?
Do you by chance also have a recommendation for a lawyer/law firm that can help with these types of things?
Thanks so much for your help!
Hi Noe, I would say that it means you don’t have the extra status, but I’m still not 100% sure. I haven’t spoken to anyone directly who has it yet. I can recommend a few lawyers found here: https://americajosh.com/learn-more/immigration/
Thanks! Just posting an update on my situation in case it helps someone else – I went through the e-Verify USCIS process to check my employment status and ended up needing to call them to confirm my details, and they told me that E3Ds no longer need to file an I-765 (it’s automatic, as you outlined) but that they can file for one, if they want to.
Very good news! Thanks for this great blog post, without it, I never would have known about this and it’s saving me a ton of time.
This is incredible! Thanks so much for the update. Did they say if it only applied to people who had entered since Jan 31?
Yes, I-94 with the spouse designation meant that spouse no longer required an EAD
Hi Noe,
Can I clarify what you found out, as I am in a similar situation to you.
I just arrived and my class of admission is E3D. Are we able to work straight away, even with a class of admission of E3D without doing anything else? Or, do we need to get it changed to E3DS?
I was directed to make an appointment at the JFK Deferred Inspection Unit, but would prefer to avoid it, if possible!
Thanks!
Rupert
Hey Rubert, you need E3S in your stamp. CBP or the Deferred Inspection Unit is your best bet.
Thanks Josh! Yes, the Deferred Inspection Unit changed it over the phone! Very easy in the end, when you have the number! It’s 718 553 3683 (If others need it).
Hello Josh,
I just got my E3D visa from the US Embassy in Singapore. I’m scheduled to fly back to the US in 2 days. Just a clarification — My visa still says E3D in its visa class. Is that correct or should it say E3S? Or does the E3S apply to only the I-94 stamp upon entering?
Yep that should be right, and then when you enter your status will be E3S!
Update: Just arrived in LAX today and still got an E3D on my I-94. Even though I specifically mentioned the new code E3S to the officer, just like you advised! I got referred to the Deferred Inspection Unit as well. Do you know or does anyone know what the process is for correcting your I-94?
I had the same. I contacted the CBP officer in my city and they fixed it.
Wonderful!
Hi Ayesha, may I ask, was this in LAX also? or another state?
Just got mine corrected too by Deferred Inspections. It’s a pretty fast process
Hi Josh,
My I-94 now says E3S. Does that mean I am authorized to work in the US?
Sure does! That should be enough proof!
Hi Josh,
Unfortunately the ground reality does not seem to match.
The SSA still ask for a EAD for a E3S classification in June.
If you have any latest news of a first time E3S visa holder who got a SSN with work authorization. Please do share the details of how they managed it.
SSN’s issues with below text, do not show work authorization !
“VALID FOR WORK ONLY WITH DHS AUTHORIZATION” (See example below)
“VALID FOR WORK ONLY WITH INS AUTHORIZATION”
“NOT VALID FOR EMPLOYMENT”
Thanks Josh! Yes, the Deferred Inspection Unit changed it over the phone! Very easy in the end, when you have the number! It’s 718 553 3683 (If others need it).
Hi everyone,
Sharing my recent experience as well…
I recently entered LAX from AUS (10th March), and have the new E3S visa category. The customs officer initially entered it as E3D and was unaware of the changes but was happy enough to go back in and change it after I asked about the new status. I had the “check most recent i94” webpage up and checked it to ensure it was E3S, again he was happy for me to check while I was still at the booth.
I would say definitely don’t assume that it will change automatically and chat about it with the customs/border protection officer!
Sharing similar situation to others here, I entered LAX recently with the E3D status. Emailed the local deferred inspection and was able to have it updated to E3S very promptly. I went to obtain my SSN today but was disappointed, got turned back by the SSA agent stating a valid EAD is required to process my application. Hoping to see some positive updates to this.
SSA still not issuing SSN without EAD.
Just back from the Social Security Office in Mesa, AZ. I have a new E3 issued in London (Mar 2022), spouse on E3S (was E3D but we had it changed by calling deferred inspection unit – 718 553 3683).
The social security office has no information about the changes and would not accept the information here – https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-3-specialty-occupation-workers-from-australia
– An unexpired Form I-94 with a notation reflecting E-3S nonimmigrant status. As of Jan. 30, 2022, USCIS and CBP began issuing Form I-94 with a new admission code for spouses of E-3 workers: E-3S. An unexpired Form I-94 reflecting this new code is acceptable as evidence of employment authorization under List C of Form I-9.
Looks like we still need to submit an I766 to get the EAD to get an SSN to be able to work.
Hi Dan,
I am in the same boat, do you have an update since you last tried ?
I got my E-3D in Feb and entered with E3D status in March. I recently came to know about this change and contacted the deferred inspection office and got it updated to E3S in I-94 . I went to obtain my SSN today, the agent there could not submit the application as they still have E3D in their system which requires an EAD and they cannot proceed without that . So not sure when this change will be reflected in the SSN systems. This is really frustrating.
Can we still work without an SSN on E3S?
Hi DMRI,
Does not look like it. I got the below from an employer.
Looks like they still need an EAD for an E3 spouse.
If the listed category is E-3, the individual may be authorized to work, but only either (1) for the employer that filed the petition or otherwise sponsored the employee’s nonimmigrant status/visa; or (2) with additional or different proof of employment authorization, such as an Employment Authorization Card (I-766) or a List C document. The determination hinges on whether the person presenting the document is the “principal” alien or is instead a spouse, child, or other dependent. The principal alien would be authorized to work for the employer that filed the petition or sponsored the nonimmigrant status/visa. The spouse, child, or dependent would be required to submit different or additional proof of employment authorization.
I applied for SSN in Austin with L2S status. They have accepted the application, however it has been more than 2 months now, they not processing SSN saying, pending with Home Land Security for Immigration approval. Frustration to add is, once an Application for SSN is made, can not apply for Drivers License in Texas, until SSN is received, as the rule says, an affidavit can be submitted, only if “Not applied for SSN”. Additionally, a company which extended offer, not accepting only L2S status and requesting Drivers License. Everything is struck with SSN now. Any guidance or help ?
Hi,
I have exactly the same situation, came on L2S and can’t get my SSN. They took my application in early March and still no progress.
Did your case progress in any way since you last posted?
I’m sorry to hear this! It’s meant to be all sorted but clearly not!
I am exactly in same situation and it’s really frustrating that SSN is pending for more than 10 weeks now for L2S status. The SSA office says it’s pending with DHS immigration verification and they cannot do anything, we just need to wait. Any luck for similar cases going through?
To keep everyone updated: I entered in early May with an E3D (my bad – was in a hurry and forgot to ask for the S). Had it amended by deferred inspections in Seattle to E3S. Just back from the social security office in Seattle where I applied for my SSN with no questions asked, looks like they’ve updated their systems!
Hi Maddie,
We came in June via Atlanta. My wife got E3D stamped, we had it corrected to E3S in 5 days.
Then we went to the SSN office and they told us the SSN will come without work auth and we still need an EAD. So it does not look like the system is updated, at least in Atlanta !
We had the I-94 with E3s, but it did not help.
Did your SSN arrive yet ? what does it say on it about authorization to work ?
Hi Sahil – I have received my SSN and had my i9 work authorization approved and have started working with my US employer. I did have to call DHS on my first day to confirm my details, but that was straightforward and fast. Hopefully you get this sorted out. I would note that the SSN does not provide work authorization – this comes from your visa. If you have questions I’d recommend reaching out to your immigration lawyers.
Hi Maddie,
Once E3D is changed to E3S in i-94 and i got my SSN today, so when i apply for jobs employer is asking proof for work authorization or EAD. So do i need submit i-9 form as proof or any other document to employer. Sorry I’m not sure. Can you please let me know.
Many thanks
RK
Could you please clarify what SSA office did you go to? We tried Lynwood office with no success. Also, did you apply online or used a paper form?
Hi all,
Any first time E3D/E3S visa holder here, without EAD, who managed to get a SSN WITHOUT one of the following texts below ?
“VALID FOR WORK ONLY WITH DHS AUTHORIZATION”
“VALID FOR WORK ONLY WITH INS AUTHORIZATION”
“NOT VALID FOR EMPLOYMENT”
E3s, applied for ssn in Annapolis. They insist on I766 being necessary. Would not accept uscis website. Any ideas? Better office to apply at?
Hi Ellen, use this one:
https://secure.ssa.gov/poms.Nsf/lnx/0110211420
This is SSA’s own policy page and if you scroll down you will see: “Effective November 2021, USCIS granted E-1, E-2, E-3, L-1, and L-2 spouses work authorization incident to status. I-94s issued prior to November 2021 may reflect the COAs of E-1, E-2, E-3, L-1, and L-2 and those spouses no longer must present a marriage document to establish work authorization as spouses of E-1, E-2 E-3, L-1, and L-2 principles. If the supplied I-94 was issued prior to November 2021 then USCIS will not issue a new I-94. “
Hi Josh,
I’m in the same situation with Ellen as a E3S with my application for SSN (in Washington, DC) They would not accept the details on the SSA website as the internal system insists I766 being necessary.
I’ll assume the best option is try a different office to staff the application.
Yep, unfortunately. We did have someone have some success printing out the SSA website details and taking that in with them to show their own policy numbers though, last week.
Hi everyone,
Same E3D problem.
I tried to apply for SSN in Apr in OC, CA and they would not even know about these new regulations. I tried again some time later and they said they could accept the application but it’s possible the system wouldn’t let it go through without EAD.
So I applied for EAD, it’s been more than 3 months now and I haven’t even got the receipt number to track the status. I tried calling USCIS hotline and they couldn’t help without the receipt number. I sent e-mails to lockbox support and got no reply. Btw, the fee was charged about two weeks after I sent the documents.
Does anyone know what to do? Is this normal wait time? I’m getting a bit anxious and feel confused since I can’t really reach anyone.
I would appreciate if anyone can help or give an advice.
Are you on an E-3S status or E-3D?
E3S
I’ve got a reply from lockbox support and they gave me the receipt number. Seems like application is in process and the receipt was sent. They said they they’ll send it again.
So if anyone need to reach out USCIS about lost/undelivered receipt notice these the contacts
http://www.uscis.gov/e-request
Hi josh, my husband just received his L2s, since we do not need to apply for EAD, is his SSN automatically be send to our address or do we need to apply for it? Thank you.
You need to apply with the Social Security Office https://americajosh.com/learn-more/social-security/
Hi Josh, thanks for the comprehensive post 🙂 I have a question though, would you know if I need to change my passport stamp (it’s currently E3-D) to E3-S even though my most recently i-94 I was able to get my status changed to E3-S? I’ve applied for the SSN, but I’m still waiting to hear from them… Thanks
No you’re good. It’s the status that matters. I believe they still stamp E-3D (but not 100% sure on that one).
Today my E3S wife presented at a Social Security office in Houston, Texas, with application for Social Security number and they issued her a letter saying that they can not issue her a Social Security Card or number at this time because she does not have an I-766. She is an attorney and told them about the change in policy but they said their policy is that an I-766 is required and they also want a marriage certificate. Nothing she could say or show them persuaded them to respond differently. They said that is their policy and until they get a general (internal) notification of change of policy, they will not issue her a SSN without I-766 and marriage certificate. They said their data entry system would not allow them to issue an SSN in the absence of I-766 and marriage certificate. What to do?
SO FRUSTRATING! We’ve had success with people printing out the policy page I link above from the Social Security office so that they can see the change in their own policy.
Update: E3S spouse spent two hours on the phone to Social Security today where they agreed a nation-wide SSA system change is required so that E3S can be recognized as not requiring EAD when applying for SSN. Advised to lobby via local SSA office management. Heading back in this week.
Update: After second visit to Houston office in mid Oct 2022, E3S application for SSN was taken in for review (after much explaining in response to initial refusals) and SSN was received by mail at the beginning of December. Thank you to this site for all the tips and inspiration to persevere!
Further update: After second visit to Houston office in mid Oct 2022, E3S application for SSN was taken in for review (after much explaining in response to initial refusals) and SSN was received by mail at the beginning of December. Thank you to this site for all the tips and inspiration to persevere!
My wife entered in March 2022 on an E3D, as E3S wasn’t issued. How do we convert that to an E3S visa?
Hi Paul, it might be too late but you can try https://americajosh.com/blog/important/deferred-inspection-correcting-immigration-entry-mistakes-i94-fixes/
I have had no success in changing a E3D to an E3S. The various responses I have received from Deferred Inspection are….
– You must contact USCIS ( and then I get no reply from USCIS, OR, a msg that I need to contact Deferred Inspection )
– Visa was given by embassy and can’t be changed
– When contacting other Deferred Inspection offices because my closest one is no help….. You need to contact your closest office.
So frustrating…..
Hi Mick,
That’s SO frustrating, may I ask what you said when you asked them? The second one leads me to believe it might just be wording?
My spouse’s I797 approval already reflected E3. Does she still need to apply for EAD, or can she work by just showing her E3S proof for I9 verification to her employer?
If it says E3S, you’re all good without EAD!
Hi Josh. Can an E3 dependent hold multiple jobs or do consulting on the side while holding a full time job?
Yep if they have an E3S or an E3D with a work authorization (EAD) they can do whatever they want!
Hi Josh,
Thank you for all the help you are providing for E3 holders.
I have a question regarding my E3S visa stay. My Spouse who is the primary holder of E3 visa has the visa expiry date as Apr’23.I came to US in Dec’21 and hence the admit until date on my I94 is till Dec’23. My spouse is planning to get a new visa outside of USA (instead of visa extension within USA). So my question is can I still stay in US after Apr’23 and leave before Dec’23 and come back with a new visa Stamp ?
Hi Josh,
Wonderful website you have here, I have a question regarding E3Y, does it mean children under 18 yrs need to get E3-Y to start going to schools?
I recently came back from a foreign trip and my kid got only E3D , please clarify.
Also USICS does not mention anything like E3Y in their website
No issue, as it’s the same as E-3Y.
Hi Josh,
I am on E3S visa and my visa expiry is in May 2023 and the date in I-94 date is Aug 2023.So can I stay in USA till Aug 2023 ?
Hello All,
Any one has any Idea about my query please ?
Hello All,
Can anyone please help me on my query
Hi Josh,
I’m currently waiting on my EAD (I’m on an E3D). its been processing for a month now. Am i able to leave the country while my application is processing? Or, do I have to stay in the USA while its processing?
Thanks,
Katie
I believe you can, but your better bet would be to leave and re-enter with E-3S!
Will that override my application and then if I arrive on an E3S I’ll get automatic work rights?
That’s my understanding, but best check with a lawyer!
My wife entered the US on an E-3D. Her visa stamp says E-3D and the I-94 says the class of admission is E3D. Does it mean she needs to get an EAD before she can start working?
Yes. But she should contact deferred inspections to get switched to E3S (https://americajosh.com/blog/important/deferred-inspection-correcting-immigration-entry-mistakes-i94-fixes/)
This is so frustrating…. I am having no success. Here is the response from our closest Deferred Inspection office….. “Requests for I-94/COA updates for those granted prior to January 31, 2022 should be directed to USCIS. ”
And you guessed it, USCIS says I need to contact Deferred Inspection. I tried a few different offices and they say I need to contact the one closest to where we live.
Ergh I’m so sorry! Can you leave and re-enter? I know it’s not helpful.
Hi Josh,
I arrived on 15th March ay Houston Texx, I have contacted deferred inspection to chnage from E3D to E3DS. The various responses I have received from Deferred Inspection are….
– You must contact USCIS ( and then I get no reply from USCIS, OR, a msg that I need to contact Deferred Inspection )
– Visa was given by embassy and can’t be changed
– When contacting other Deferred Inspection offices because my closest one is no help….. You need to contact your closest office.
Can you please advise what i can do in this scenario…
Hi RK,
What exactly did you ask them? Importantly you need to ask them to update your STATUS not your VISA.
Hi Josh,
Thanks for your reply, I’ve asked them to change status of i94 but Houstan Deferred inspection officer on phone advised they can’t change status unless it is showing E3S on the visa. so he asked me to change visa to E3S so that i94 can be changed to E3S. I tried explaining him but officer said they are already dealing with same issues from past 2 months.
So can you please advise in this case what should i do?
Many thanks
Hi Josh,
This article and Youtube Video you created with with Matt Curtis has been invaluable to me. I entered in on an E3D Visa to the US earlier this year and followed all the steps you and Matt Curtis laid out and have managed to obtain my Social Security. However, I have a question about what is written on my Social Security card. It states “Valid for work only with DHS Authorization”. I cannot find out if this is correct of if I or the Social Security office has made a mistake?
How do I prove to an employee that I am work authorised? Especially if my Social Security states this on it?
Thank you so much for all the work you are doing for this community.
THANK YOU! I’m so glad to hear this, Hannah!! It’s always wonderful to know the work is helping. Yes, your status is correct. If you’re on an E3S status, then you just need to show your I-94 and that is your DHS Work Authorization (because E-3S includes authorization incident to status).
My wife was issued a E3D visa and we requested to change it to E3S visa. So far so good. Then we went to the SSA office. Rejected. Showed them the RM 10211.420 document. They said it was not applicable. They then showed me the “RM 10211.530 List of Documents Establishing Lawful Alien Status for an SSN Card” document. There is no entry for E3S. There is one for ” E-3″, “Spouse of principal E-3 alien*” / “Legal alien not allowed to work” / “N”. The star is for “When an alien listed below has an (*) next to the description, he/she may work only when DHS grants employment authorization and issues an EAD.” They are just following the doc. I urge everyone who has an issue, please give feedback to the SSA feedback form and asking them to update the “10211.530” POMS, to include a row containing E3S to avoid this unnecessary confusion.
Hey Syd, sorry to hear you’re having so many issues with the SSA – it’s incredibly frustrating!
On the doc you referenced (10211.530) there’s an extra “NOTE” below the note you noted (*):
NOTE: Ask the alien whether he/she is the principal alien who is authorized to work or the spouse, child or other dependent of the principal alien. See RM 10211.420 when the alien is the spouse (other than an E-1, E-2 or L-2 spouse) or child.
If you look at 10211.420 – https://secure.ssa.gov/poms.nsf/lnx/0110211420 – It includes this:
“Effective November 2021, USCIS granted E-1, E-2, E-3, L-1, and L-2 spouses work authorization incident to status. I-94s issued prior to November 2021 may reflect the COAs of E-1, E-2, E-3, L-1, and L-2 and those spouses no longer must present a marriage document to establish work authorization as spouses of E-1, E-2 E-3, L-1, and L-2 principles. If the supplied I-94 was issued prior to November 2021 then USCIS will not issue a new I-94. “
Dear Josh,
Your email updates, website and blogs are fantastic. Thanks for your help!
With the recent update on the E3D to E3S/E3Y status to receive social security numbers (SSN), do you know if this can be carried over to children under 18 years of age to be E3S or E3Y so they can receive a SSN’s?
SSN’s give us the ability claim them as a dependent on income tax returns and open a bank account in the their names. I am also aware child’s SSN may also give us/them the ability to receive some medical coverage or apply for any kind of government services for our kids.
Not sure if you you, but think many of this blog would find it useful!
Thanks in advance.
Hi Adam, so an SSN only comes with work rights, so the E-3S could indeed get an SSN but an E-3Y (which your children are) would not come with work rights and therefore you can’t get an SSN. For them, they’d need an ITIN (https://www.irs.gov/individuals/individual-taxpayer-identification-number) instead in order to mark them off in taxation documentation!