It's finally happened! It would have been nice to have this change pushed through 12 months ago, but better late than never. If you're filing an E-3 visa extension or moving to a new employer (a change of status) you can now do so with premium processing meaning that it's approved in days/weeks instead of months/years!
Straight from USCIS to you:
An Australian national who is outside the United States may apply for an E-3 nonimmigrant visa directly through the Department of State or, in the case of an individual already in the U.S., by filing Form I-129 with USCIS. To qualify for the E-3 classification, you must demonstrate, among other things, that you:
– Are a national of Australia;
– Have a legitimate offer of employment in the United States;
– Possess the necessary academic or other qualifying credentials; and
– Will fill a position that qualifies as a specialty occupation.The USCIS premium processing service allows petitioners to pay an additional filing fee to expedite the adjudication of certain forms, generally within 15 days.
https://www.uscis.gov/news/alerts/uscis-expands-premium-processing-service-to-e-3-petitioners
So what does this mean? Well it basically means that instead of having to wait the 240 days to get a yes/no (or RFE – Request for Evidence) back, you can now get it back in (normally) 15 days.
This is a game-changer for those Australians stuck in the US waiting for USCIS to confirm new employers or to extend work with their current employer (yes, both, more on that below).
The difference between a change of status and a new E3 visa
This difference is important and I've written a whole article about how this works here.
Long story short, an I-129 extension/transfer is not a visa. You can stay in the country and keep working, but if you leave the country, you won't be able to re-enter the US without going to a Consulate or Embassy and getting a new visa (just like always).
This changes your status in the country, it doesn't give you the ticket to enter it.
Can you add premium processing to an existing I-129 application?
Yes, you can. According to USCIS:
If you have already filed Form I-129 or Form I-140 and you now wish to request premium processing, file Form I-907 with the service center where your Form I-129 or Form I-140 is currently pending, along with a copy of the Form I-797, Receipt Notice, for your Form I-129 or Form I-140.
https://www.uscis.gov/forms/all-forms/how-do-i-request-premium-processing
So whether you're applying for a new I-129 or you have one pending right now, you can pay the fee, and have it come back a few days later with a result.
How much does premium processing an E-3 visa cost?
As per the fee schedule on USCIS, we can assume this will be updated shortly to include an E-3 visa at $2,500.
Does this apply to new employers or just extensions of existing visas with the same employer?
It's for both! You can use this processing for both applying for an extension to your current E3 visa status, or if you want to start with a new employer and have it ready to go in just 15 days!
This means, in theory, you could be offered a job, file a change of status on your existing visa, get it back in two weeks, start working with the new employer, then when you're ready to, go to a Consulate/Embassy and go get a visa like normal. No more being rushed out of the country!
How do you apply for premium processing on an E3 visa?
All information can be found on the USCIS official website but the long and short of it:
You must complete and sign Form I-907, Request for Premium Processing Service, according to the instructions on the current version of the form.
If you are filing Form I-907 together with Form I-129 or Form I-140, you must file both forms according to the Form I-129 or I-140 instructions.
If you have already filed Form I-129 or Form I-140 and you now wish to request premium processing, file Form I-907 with the service center where your Form I-129 or Form I-140 is currently pending, along with a copy of the Form I-797, Receipt Notice, for your Form I-129 or Form I-140.
If we transferred your petition to another service center and you received a transfer notice, we strongly recommend that you submit your Form I-907 to the service center that is now handling your petition. You should also include a copy of the transfer notice with your premium processing request to avoid delays.
https://www.uscis.gov/forms/all-forms/how-do-i-request-premium-processing
Same question as Belinda – my lawyers received an RFE for my extension and they have requested to interview my boss (apparently an atypical request). If denied for some reason, can I still apply for a renewal out of country?
Can I apply for the renewal at the same time that I’m waiting for a response?
Hi Marianne,
Wowee, what a request! I don’t actually know for sure but I do believe it’s not a problem. Working on a response!
And yes, you can leave the country and apply for a visa at a consulate while waiting for a response. Leaving the country will void your internal review.
Hi Josh,
Thank you for this current blog and your incredible knowledge on all things E3 especially during Covid.
I’ve been going back and forth between extending my status, and trying for an embassy appointment, but I’m now weighing on the option to extend my status through the I539 & I539A forms for myself and my dependents.
While I have all the supporting evidence to provide such as the current 1-94, marriage certs, birth certs, can I also submit the newly certified LCA, new contract as additional supporting evidence without the need to get my employer submit the I-129 form?
I know it’s possible, but the I-129 form is such an intimidating form especially if the small HR personnel and I are doing it ourselves.
Also, if I were to submit without the I-129 form, and USCIS sends for an RFE, will they still bank the filing fee?
What’s your advice?
Hi Bev, it’s my understanding that the 539 is not applicable to you on an E3, only to E3Ds (the dependants of those on an E3).
The only way to file internally on an E3 is an I-129.
As for the fee, it’s my understanding that you cannot get a refund unless they don’t respond in the specified time. An RFE is not grounds for a refund.
Thanks for your kind words!
Hi Josh,
I am currently on a J1 visa and planning to transition to an E3. Would you happen to know if the premium processing is also applicable on new E3 application.
Also could you share the link/ timeline for E3 renewal story above. I emailed the US embassy in Barbados yesterday and they replied that they were only offering limited visa services to residents of their consular district.
PS: Great website, learnt a ton scrolling through it
Jerry, yes, I do believe so, it shouldn’t be a problem to file for premium processing.
Thanks for the Barbados update, and I’m so glad the site is helping you out!
if you have the LCA and filed for premium processing can you give a two week notice while waiting for the E3 visa to start with your new employer?
Hi RJD, you can give a two-week notice at any time, it’s not really related. If you end your employment prior to the end of your visa, you do get 60 days to find a new status. So that might answer your question?
Does anyone know if the E3-D visa is eligible for premium processing or is it just the E3 visa?
Thanks!
Unfortunately, not yet.
Thanks for the info. Do you know how long it is taking to get the E3-D extended from inside the US? And do you have to send off your passport? Thanks again!
You don’t have to send your passport as far as I know, but it does take up to 6 months from what I’m seeing.
Hi Josh, I hope you’re Well!
If the onshore E3 change of employer (I-129) not approved, What happens to the existing E3 Visa. Does the existing E3 visa gets canceled?
Very good question, Mate. I assume it is canceled “without prejudice” but don’t actually know for sure!
Hi Josh, I am currently on an E3 in NYC.
I am looking to change employers and had heard that the US embassy in Bahamas is open for E3’s.
Do you have any insight on this? Am confused on whether to do an on-shore change of employer application or (subject to whether US embassies are accepting appointments) visit the Bahamas.
Any information would be greatly appreciated. Thank you!
Mikta, a VERY helpful soul on Facebook wrote this:
Hi All,
Sharing information about a recent E3 RENEWAL in the Bahamas. I think by now everyone knows how hard it is to get an appointment, I don’t have any hot tips other than to refresh every 10 minutes which I did for about 5 days until I got this appointment. As far as I know, they only do renewals so keep this in mind when seeking out the Bahamas. I did find that they were responsive to emails so feel free to confirm this directly with them. Feel free to DM for more information but here’s a recap that should cover everything:
– I had originally applied for an I-129 extension within the US (without a lawyer) in mid-January, and in Mid-March I received an RFE so decided to pivot to embassy appointment- I searched several places and looked for appointments in Costa Rica, the DR, Mexico, Bahamas, Colombia, Chile, Croatia.. I found that if I created an account on each of these embassy pages and started a DS-160 form (through until you can save your name details) I was able to see the first available appointment prior to paying the MRV fee. This may not always be accurate but I found it was for me when looking at Chile and the Bahamas. I did not look into AUS due to the cost of flights + quarantine, as well as the potential to be bumped off flights
– The Bahamas does not require quarantine but does require an RT-PCR test within 5 days of your trip – the day you take your test is counted as Day Zero. You then need to apply for a health visa via the travel visa website – this can take between 24-48 hours so you have to make sure you take your test and get the results within 24 hours.
– Website for travel to the Bahamas – super helpful https://travel.gov.bs/
– You need to organize a waybill from Fed Ex / UPS or DHL – essentially buying the envelope for them to send it back to you in. I opted for DHL, other people have used Fed Ex. Note that the Fed Ex in downtown Nassau is currently closed. There’s more information on this on the US embassy website https://bs.usembassy.gov/visas/nonimmigrant-visas/ I did see someone at the embassy who came out with their DHL envelope and they had a pink slip to pick-up from UPS (pay upon pick-up), so I don’t think its a huge issue for those flying in on a Sunday for a Monday appointment (as all shipping locations are closed on the weekends). I opted to have them keep it at the location as opposed to trying to re-ship it out
– My appointment was on a Wednesday morning at 10.15 AM. They were running around an hour to an hour and a half behind. They are definitely prioritizing appointments for Bahamians as I was the only Aussie there- The interview itself was a breeze. Was literally asked for my LCA, if anything had changed in my job and what my job entailed. He asked for my degrees and I showed my degrees and degree evaluation to which he didn’t seem to need that and just looked at them as a formality
– I was told my passport would be returned in 3-5 days. 3 days was Monday, DHL picks up from the embassy once a day however they got back too late yesterday to scan the packages in so the notification came up this morning (Tuesday) I am on a flight back tonight. Another person I spoke to used Fed Ex and he was able. to get his the same day it came back- There’s a store called the Visa Shop a few blocks from the embassy where you can store items as you can’t take any big bags/phones, etc into the embassy
– You clear US immigration in the Bahamas so plan timing accordingly!
– I stayed in downtown Nassau the first few nights when I had the appointment. My Air BnB was further away than I thought so I wouldn’t recommend but the closest hotels are the Hilton Inn Express, the Courtyard Marriott (where I stayed the last night), and the Hilton British Colonial. – I spent the weekend at the Grand Hyatt at the Baha Mar which was definitely expensive ($24 for a poke bowl!) but honestly well worth it, the beach is beautiful, there are 4 swimming pools, a casino, and a bazillion restaurants/bars
– If you stay 5 days or longer (which you likely will if you have the Wednesday appointment) you have to take another covid test – take a copy of your health visa print out QR code and they can upload it automatically. You also need an antigen rapid test to get back into the US (with 72 hours of your flight). There are a few places in downtown Nassau that do this, but if you stay at the nice resorts, this is all included (I did mine at the Grand Hyatt)
– The Bahamas has done an incredible job on managing covid, everyone wears masks, but a lot of downtown Nassau was closed down – not a lot of restaurants/bars open so it does feel a little eery. Google Maps is not updated (ie the Starbucks in town said it’s open.. it’s not) and locations are not always spot on but the locals are friendly and happy to point you in the right direction
– AMEX is not really taken, most cabs take cash only (confirm price before departing), and it’s $1=$1 for USD to Bahamian. If you pay USD you won’t always be given USD cash back
– My favorite taxi company was Cheryl’s as you can WhatsApp them – +1 242 423 4982
– Also do yourself a favor and take yourself to a fancy lunch at Dune (a Jean Georges restaurant) at the Four Seasons on Paradise Island – well worth it for the views and the food was amazing!
I think that covers it! To everyone who helped me – thank you! To those still stressing out, hopefully with vaccines rolling out more borders will begin to open so good luck!!
Hi Josh!
My lawyer just received a RFE for my E3 Extension.
My question is – that if for some reason its denied, will this impact me going out of the country to complete the renewal?
Belinda
Hi Belinda! I do not believe so, but I don’t actually know! I imagine it might come up but normally there is a reason for the denial so you could then discuss that if asked. But I will look into!
Great news ! Win – Win and “fair dinkum” too.
Finally, it’s fair for the Employer and Employee as both the E-1 and E-2 Visas have premium processing and so, the E-3 type Visas finally arrive and join them.
Cheers !!
Hi Josh,
This is great news! I am on a E3D right now, and I am wondering if this will accelerate the timeline for E3D/EAD application? My understanding is the E3D/EAD process can only start after the E3 is filed.
Thanks,
Hi Lisa, E3Ds aren’t included in this change but there is reason to believe they will include them soon!