In another exciting update for E3 visa holders, information coming in from the Department of State's liaison to the American Immigration Lawyer's Association (“AILA”) suggests that E-3 visa holders will soon be allowed to travel internationally (in and out of the United States) after filing an internal I-129 to transfer employer (if they are in possession of an I-797 Approval Notice).
10/23/22: Updated to include confirmation of change below.
It's been an exciting few years for E3 visa holders and their dependents with the addition of premium processing for E3 visas, and the automatic work authorization for spouses, and now we've got another step making the process of moving to and living in the United States on an E-3 visa even better.
What was the rule prior to this change?
Prior to this update, E3 visa holders who wanted to change employers without going to a US Consulate outside of the United States were able to start work with the new employer once they received their confirmation from USCIS through filing of an I-129. The downside of this, however, was that they were not allowed to travel internationally and re-enter the country until they went and got a new visa stamp.
This meant that while there was flexibility to change employers, it did mean that you were stuck in the United States until you had planned to go get a new visa, which is still incredible difficult despite appointments now being possible around the world again.
What exactly is changing for those who have transferred to a new employer?
This change, in short would mean that E-3 visa holders who have a still valid E-3 visa in their passport, would be able to leave the US and re-enter the US even if they have filed an internal I-129 and moved to a new employer (assuming they have a valid I-797 Approval Notice in their hands before leaving).
Re-entry would require presenting both of these documents, and showing that you have received approval from USCIS and you would be able to be permitted until the expiry of the original visa in your passport.
From law firm Green & Spiegel LLC:
Australian Citizens to be permitted to travel using valid E-3 Visa and Form I-797 Approval Notices, even if employers do not match.
Along with introduction of Premium Processing for E-3 Petitions with USCIS, measure should increase mobility of E-3 Visa holders previously encumbered by need to obtain employer-specific E-3 Visa after transferring employers within the United States.
Prior to now this has been an option for O-1 visa holders as well as H-1B visa holders, but the courtesy has not been extended to E-3 visa holders until now.
What does this change look like for a current visa holder?
The easiest way to explain what's changing is to use an example:
- You receive a job offer from Employer A in the United States, prepare all your E-3 Documents and attend your appointment at a Consulate outside the United States;
- You receive your E3 visa with Employer A stamped in your passport which is valid for 2 years;
- You enter the US and start work for Employer A;
- Fast forward 6 months and you don't really like the job, maybe you decide to leave the job or you lose that job – but you've luckily found a new offer (within the allowed time)
- You file an I-129 with premium processing to transfer your status to the new employer (Employer B)
- Two to three weeks later you receive the I-797 Approval notice in the mail saying that you're ready to go
- You start working for Employer B;
- At this point, you still have the same visa saying Employer A valid for ~18 more months and are in possession of the I-797 Approval of transfer to Employer B
- You want to go on a holiday, visit your family, or catch up with friends outside the US
- To date, you are able to leave the US, but you could not return to the US without going back to #1 with Employer B and getting a new stamp in your passport
- But with this change, you would be able to present the stamp from #2, and the I-797 Approval notice from #6 and re-enter the country for ~18 more months!
When does this change become active? Can I travel right away?
This has now been codified:
If an application to change the terms and conditions of E status or employment is approved, the Service shall notify the applicant on Form I-797. An extension of stay in nonimmigrant E classification may be granted for the validity of the approved application. The alien is not authorized to begin the new employment until the application is approved. Employment is authorized only for the period of time the alien remains in the United States. If the alien subsequently departs from the United States, readmission in E classification may be authorized where the alien presents his or her unexpired E visa together with the Form I-797, Approval Notice, indicating Service approval of a change of employer or of a change in the substantive terms or conditions of treaty status or employment in E classification, or, in accordance with 22 CFR 41.112(d), where the alien is applying for readmission after an absence not exceeding 30 days solely in contiguous territory.
https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-214/section-214.2?fbclid=IwAR1NPByl433RAr9j__c6qKZKy0g0DvaJ-nDmjApKVHXm9ZVHNyrlSgg1WPQ#p-214.2(e)(8)(vi)
What this change does not do
While this change is a fantastic step forward for those who want the flexibility to change employers or for those who have lost their jobs, it does not change the fact that once your visa has expired in your passport, you cannot re-enter the United States.
You can file an additional I-129 and stay in the US working for another (up to) two years, but once you leave, you still need to return to a US Consulate or Embassy somewhere outside the US and get a fresh stamp and start the process again.
This change also does not change anything about the requirement to wait for approval before you start work with a new employer. When you file for a change you still have to wait until you actually hold the I-797 Approval in your hand before you can start with the new employer (as well as take advantage of this change).
For more, be sure to check out the great block at Green and Spiegel LLC.
Hey Josh,
Came into us last year on H1B. I have since gotten a new job and now have a E3 but have not gotten the visa stamp yet. Will this work for a short travel to Canada?
Hi Josh,
This isn’t specifically related to this post. My E3 visa has 10 Jul 2024 as the expiry date. However, since I travelled overseas during Christmas, my I-94 has the “Admit Until Data” as 11 Jan 2025. What does this mean? Do we have the rights to stay until Jan 2025?
Hi Mehrnoush – This is very common, but by best advice, you should leave before the visa date, and not overstay beyond that (despite what the I-94 says).
Hey Josh,
I am living in the US on the E-3, which I will need to renew in Jan 2024.
I am hoping to get a new job soon. When the offer comes though, would it be best to undertake a transfer, knowing I will need to do the renewal process with my new employer in January, or given the relatively short timeframe, would your recommendation be to get a new visa with the new employer right off the bat?
If the latter, my other question is: Do I need to have officially quit my original job before leaving the country to get a new visa? Or can I go and get the new E-3, return on that, and then quit?
Thank you in advance!!
Hi MB, when you transfer, you get an extended status for the full length of the LCA. So you would, in theory, be able to stay in for up to two more years after you transfer. The Jan 2024 date is only relevant to your current employer & status.
I’ve got another article here that should help: https://americajosh.com/blog/important/can-i-transfer-my-e3-visa-to-a-new-employer/
Hello Josh,
Thanks for your article, It is very useful.
From your above comment that the rule is active right now, is there any official announcement on this?
Regards
Sarada
There’s a link in the article under “When does this change become active? Can I travel right away?” 🙂
Hey Josh!
I see there have been a few questions from last year, however, has this been implemented into practise as of May 2023?
thank you greatly,
Hi Gareth, it’s my understanding that yes, this is all active right now.
Hello Josh,
This is your recent post and you said its all active right now.
Is there any official website that confirms this information?
Regards
Hey Josh. Love your site. It has been very useful over the years. Do you happen to know if you can change to a different employer, with a different job title under this scheme? And what is the allowed period after losing your job, 60 days? Thanks in advance!
Hey Travis, yes, you can file an I-129, and if you the old visa is still valid, you can re-enter with that (even though the new employer is different and you have a different job title). Thanks so much for your support!
Hey Josh does this apply for E3D’s as well? My E3 + my wife’s E3D is valid until Sept 2023. I just renewed my visa but she wants to re-enter on her old visa + I 797.
That’s a good question, I don’t actually know for sure
Hi Josh,
Thanks a lot for sharing this information and keeping it updated. Very useful information.
I am in the processing of changing employer (filing I-129 with premium processing). My wife is on E3D (E3S on I-94 and employed). We both have the visa stamp which expires by end of 2023. If my I-129 is approved and change the employer when should I update the status of my dependent?
Hi Josh,
Great website and has been very helpful.
I am currently in the process of changing employers here at the moment and just need some clarification. When I get the authorization that I can commence my new employment and I wish to leave the country on a holiday, do I need to visa a US Embassy to get an updated visa prior to re-entering?
As the expiry dates on the LCA are different to the ones on the visa.
Hi Steve, so glad to hear! That’s what this article is about. You always need a valid visa whether for the old employer or a new one.
Hi Josh,
I have an E3 visa stamping appointment in July 2023. My LCA expires in June 2024. Understand that my visa stamping will based on LCA expiry date. Is it good to ask my company to new initiate a new LCA and will it have a later expiry date ? Will this help in getting an extended visa valid date ?
Yes, you want to get a new LCA so you can get the full 2 years!