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
Hi Josh,
Thank you for information posted on E3 visa. I want renew my E3D EAD .Any idea how how long is the processing time for the same at pesent sitution due to pandemic?
Before it would take 2 to 3 Months.Happy to hear
Hi Rash, I believe it’s taking a lot longer right now. https://egov.uscis.gov/processing-times/ This page gives you processing times and the National Center is right now saying 4.5-10months!
I waited for 12 months and couldn’t get a new EAD. I had to switch to a new employer who provided me a LCA and I am on my own E3
Hi Josh,
I received an RFE, and once that was submitted it was denied. I understand the reason why, but I’m figuring out next steps and alternate means to stay in the US.
I understand I have 30 days to leave the country once extension is denied? What are the limitations during that 30 day period and is there any reason I cannot apply for a different visa during that time before leaving the country?
Much appreciated,
Jack
Hey Jack, sorry to hear your RFE was denied. I believe yes you have 30 days to file an appeal or leave the country. I’m not 100% sure on what you can do in this time, but I would definitely speak to an immigration attorney about it as you don’t want to run foul of overstaying in the country. Sorry I can’t be more help but nuanced situations like this, you should definitely speak to a pro!
Hi Josh,
Do you know the earliest time that an E3 applicant received approval through premium processing (Applying with I129) from USCIS ? The website says 15 calendar says maximum, but wanted to check if it takes full 3 weeks or much lesser than that for any of the recent E3 visa applicant.?
Thank you.
Hey Manny, I’ve not heard many (or really any) coming back before the 15 days. Most of the time there’s an RFE at 15 days to give them more time!
Hi Josh
I just got an RFE for for E3 visa premium processing. The attorney said that they would not proceed as I will not have supporting documents to meet the required evidence. Can I still bring the approved LCA form abroad and applied for a new E3 visa normally? Thank you so much.
Greg
G’day Greg! Yep you can use that same LCA (there’s an argument though for applying for another one because that way you get more of the 2 years, but that’s up to you!)
Can anyone share their green card experience or i140 experience while on e3 visa please!
Hi Josh
Thanks for the info on your website. Really appreciate it.
Covid has done it for us 🙂 I am in the process of renewing my visa and i have until august to get that done but with Covid there are no appointments till Nov. So i am applying for an extension on the E3. However, my husband is on an EAD which expires pretty much the same time the visa does. Does he have an option to extend his EAD too?
Any advice would be appreciated.
Thanks
Yes he does but unfortunately there’s no premium processing (yet) for EADs!
Hi Josh, First off – your website is SOOO helpful, thank you so much for creating it.
Question about the E3 visa – if I use a lawyer to help prepare & file the documents, is it a legal requirement that my employer pay for that ~$3,500 lawyer fee? Or can I just pay the lawyer directly. I believe it’s a legal requirement for the H1-B, but haven’t seen anything referring to the E3. Thank you!
Christina
Hey Christin, you’re very welcome!! There’s no legal requirement to use a lawyer at all (but I definitely recommend it). So it doesn’t matter who pays or organizes to have that lawyer involved!
Hi, has anyone got approved for E3D with form I539? When did you submitted your case and how long did it take to get approved?
Does anyone know if we are really waiting for a 10months processing time as what they say on their website…
Hi Evelyn,
Yes, the people I’ve spoken to have been waiting this long.
Hi,
Just wanted to ask the community if anyone has had experience renewing their E3 in Athens, Greece recently? It looks like you can get an appointment fairly quickly but just wanted to know if anyone has actually had an appointment, if it went smoothly, and how long it took to get your passport back.
Thanks!
Hi Josh, do you know if you can pay for premium processing by card on the website? or does it have to be by check or money order?
Hi Sophia,
I think it has to be a check. Although it looks like some filings (https://www.uscis.gov/forms/filing-fees/forms-processed-at-uscis-lockbox-facilities) can be paid with a credit card (https://www.uscis.gov/forms/filing-fees/pay-with-a-credit-card) but not the premium 907 from what I can see.
Hey Josh,
I’m already employed on an F-1 student visa (with OPT). My visa expires this July, but I plan on sticking with my current employer. To transition to E-3, I’m starting to think that applying for premium processing within the country could be my best option (no need for travel and potentially cheaper overall).
If this process is seen as a change of status rather than a “new visa”, do I still have to wait until my current F-1 visa expires? Or, can I start this process anytime before then? I’m just trying to avoid not being able to work for 2 weeks. It would certainly save me money!
Also, thank you for all these resources and for organising the trivia nights this past year ?
Hey Ari!
I’m not 100% on the F-1 but in general, it’s no problem to transfer now. While it’s not a visa, you are currently under an F-1 status (you entered on the visa, which gives you the status).
Hey Ari, I’m on your exact timeline with the exact same question! F1 OPT, wanting to switch to a E3 via premium processing within the next month. Would love to chat with you – how can I get in contact? can you add me on insta – tinyross.
Thank YOU Josh for the quick response.
If my visa expires May 18, do I have to immediately leave the country or is there a window in which I can renew my visa past expiry? I would ideally like to wait and see the outcome of the RFE interview and if denied, apply for the renewal at a consulate outside the US.
If you filed an I-129, you should have 240 days past the end of your visa status (May 18) where you can stay and work while the processing is happening.
Josh, does this mean I can switch employers and continue working with the NEW employer while I wait for the I-129 to be processed?
Or I would have to stay with my current employer.
Thank you!
No, you cannot start with the new employer until you receive approval. If it’s a renewal/extension, you can continue working with the current employer though.
Hi Marianne
What kinds of evidence did you and your lawyers have to submit?
I can’t afford a lawyer so will have to go this process alone – which I’m quite scared of. Was your I-129 granted in the end? I’m going to need to apply for one this week.
Thank you!
Hi Alexandria,
My lawyers haven’t submitted my RFE paperwork yet. They are preparing a big dossier with the usual documents to show that my degree is related to my current role and specialization. Good luck, I’ll keep you posted as events evolve.
Thanks josh.
Hey Marianne,
you posted this a while ago, but I am curious. Did you get your visa approved?
I am changing employers and applied with USCIS and received an RFE. the response has just been submitted but I am worried my visa could get denied. I resigned from my current role thinking all was going to be ok (big mistake) as I have processed this multiple times in the past.