International Programs International Scholar & Faculty Services E-3 INFORMATION Fees E-3 Eligibility

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1 E-3 INFORMATION Departments wishing to hire an international employee should contact an International Faculty & Scholar Advisor at (ISFS) to determine which visa status best fits the position. If ISFS determines that E-3 status is the most appropriate, the department should complete an E-3 Application Packet and submit it to ISFS. Fees Effective January 1, 2007, ISFS began charging $750 administrative fee for processing of E-3 petitions. The administrative fee must be received before the application will be processed. This fee may be paid by either the department or the scholar if the salary meets Department of Labor wage requirements. If the fee is to be paid by the E-3 employee, the employee s salary must be at least $750 above the wage for similarly employed workers at OSU and in the State of Oregon. E-3 Eligibility E-3 visas allow employers to temporarily employ an Australian worker in the U.S. on a nonimmigrant basis in a specialty occupation. A specialty occupation requires the theoretical and practical application of a body of specialized knowledge and a bachelor's degree or the equivalent in the specific specialty (e.g., sciences, medicine and health care, education, biotechnology, and business specialties, etc ). E-3 status allows employment of an international employee who has professional skills and a professional degree. To be eligible for E-3 status the following conditions must be met: Position: Must be a specialty occupation requiring theoretical and practical application of a body of knowledge in professional fields and at least the attainment of a bachelor s degree or its equivalent. Department: Must agree to pay, throughout the entire duration of employment, the higher of either the wage for similarly employed workers at OSU or the wage for similarly employed workers in the State of Oregon (as determined by the Department of Labor). International Employee: Must possess the degree specified Must be an Australian national Must possess " highly specialized knowledge and attain[ed] a bachelor's or higher degree in the specific specialty" of the position. Application Process Change of Status (from within US) Process ISFS prepares prevailing wage, Labor Condition Application and petition to USCIS. Minimum processing time = 4 months, must wait for Approval Notice to begin work in E-3 status, current processing times at USCIS, https://egov.uscis.gov/cris/processtimesdisplay.do Applicant s Process for Applying at US Consulate 1. Schedule a visa interview at US Consulate 2. Items to bring to the US Consulate interview (see Consulate website for details): visa application original LCA (from OSU) signed offer letter from OSU evidence of credentials, including certified copies of any required licenses evidence that the applicant s stay in the US will be temporary evidence of payment of the Machine Readable Visa (MRV) fee Visa fee for each member of the family 1

2 Information from US Consular Services Australia website: International Programs Information from US Consular Services Vancouver, Canada website: Important Information about applying for a visa: If you intend to apply for an E-3 visa in a country other than your country of citizenship, you must check the US Consulate s website to verify that they will issue E-3 visas for Third Country Nationals. Recent changes in visa issuance have led some countries to change their policies regarding issuing visas to Third Country Nationals. Be aware, if you are in a research field that may be considered of US national security interest, you may face serious delays receiving a visa while a background check is being conducted. It is impossible to predict how long a background check might take (one week to 6 months), and it is not possible for any agency to intervene to expedite the background check. Length of E-3 Work Authorization The visa is valid up to 24-months and is renewable indefinitely (providing alien is able to demonstrate nonimmigrant intent). Travel While E-3 Petition is Pending E-3 applicants currently in the US may not travel abroad and return to the US while the E-3 change of status petition is pending, or the change of status petition will be voided by USCIS. Prospective E-3 employees currently in the US may leave the US and remain outside of the US until their E-3 application has been approved without affecting their E-3 application. When the E-3 application has been approved the potential employee will use the E-3 approval to apply for an E-3 visa stamp to enter the US. Employment Restrictions ISFS must receive approval of the E-3 petition from USCIS before the potential employee can begin employment. The terms of employment in E-3 status are very specific. USCIS approves the E-3 petition for the specific department, salary, duties, and dates listed on the initial E-3 petition. The E-3 recipient is NOT eligible to change employment without authorization from USCIS. This restriction includes any changes in position duties, pay rates, FTE, or sponsoring department within OSU. If the department anticipates a change in the employment of an E-3 employee, the department should notify ISFS immediately, prior to the change in employment. Extensions of the Program The host department will be responsible to file applications for extensions on behalf of the E-3 employee. Applications for extensions should be filed 6 months before the end date of the original program. Contact ISFS for more information about procedures for extensions of an employee s E-3 status. If ISFS does not receive an extension application in a timely manner, there will likely be gaps in employment eligibility. Notice of Departure The department and the E-3 employee are responsible to notify ISFS of the E-3 employee s departure from OSU. If the E-3 employee s file is not properly closed with Immigration, it could lead to complications for the E-3 employee in future employment in the US. 2

3 E-3 APPLICATION CHECKLIST Complete this application only if you have contacted an International Scholar Advisor in ISFS and the E-3 Visa has been approved for your prospective employee. Documentation provided by the hiring department: Documents that must be received by ISFS before processing of the E-3 application can begin. E-3 Request From, completed by the hiring unit. E-3 Application form, completed by both the hiring unit and the prospective E-3 employee Departmental letter to Immigration recommending USCIS grant E-3 status, signed by the sponsor and approved by the Department Chair and Dean. ISFS will collect Vice Provost s signature. See the E-3 Departmental letter to Immigration Information sheet for details about the contents of the letter and a sample letter: $750 ISFS Administrative Fee, if scholar is paying fee check should be made to Oregon State University ISFS DHS E-3 processing fee of $320. The fee should be made payable to the Department of Homeland Security (OSU vendor # ). Documentation provided by the prospective E-3 employee: Curriculum vitae and publications list. Proof of highest degree. Copy of diploma. If the degree is in a foreign language, it must be accompanied by a certified, full English translation. See Certification of Translation here: If the degree is from an institution outside of the US and does not clearly state the degree and field of study, the E-3 employee should contact a credentials evaluation service for an equivalency evaluation. If the prospective E-3 employee has not completed their degree at the time of filing the E-3 application, but expect to have completed the degree by the start date of the position, the prospective employee should also provide an official (non-web-based) transcripts from the degree program and an official letter from the prospective employee s academic advisor stating their current degree status, what progress must be made to complete the degree, and an expected completion date. Immigration documentation. Passport identity page showing expiration date. The passport must be valid for at least 6 months into the duration of the E-3 status. If currently in the US, copy of most recent US visa. If currently in the US, copy of most recent I-94, Entry Document (small white paper stapled into the passport near the US visa). Include a copy of both the front and back of the I-94. Continued on next page 3

4 Documentation provided by the prospective E-3 employee (continued): If currently in the US, documentation of current and past visa statuses. Permanent Residency: If a PR application has ever been filed on your behalf; I-797, Notice of Approval for I-140 or I-130. I-797, Notice of Receipt for I-485 Adjustment of Status Application. E-3, H-1B or H-4: All I-797s, Notice of Approval or Extension of E-3, H-1B or H-4. J-1 or J-2: All DS-2019s (front only) or IAP-66s (front and back) issued since initial J-1 status. If subject to the two-year home residency requirement (212(e)), a copy of the Dept. of State recommendation of waiver of the two-year home residency requirement or USCIS I-797 approval of waiver. If on Academic Training, a copy of the authorization letter from the J-1 Responsible Officer. F-1 or F-2: Copies of all I-20 forms (front and back). If on Practical Training, Employment Authorization Document (EAD), Form I- 688B. Form I-539 for dependents who are in the US in another status and must change to E-3 status. The attached instruction sheet can be used to fill out form I-539 for your E-3 (or H-4) dependent. DHS I-539 fee of $300 Immigration Documents for all family members included on the I-539. Proof of Relationship to the E-3 applicant. 4

5 E-3 APPLICATION Fill out ALL information on this form and submit it to ISFS along with all supporting documents on E-3 checklist. PART I (to be completed by the sponsoring department): E-3 Employee s Name: Department: Department s On-Campus Address: Department s 9-digit Zip Code: Requested dates of E-3 status (limit 2 yrs): Begin Date End Date Annual Wage: $ 9 month 12 month Fulltime? Yes No If no, FTE Will the employee work at a location other than the OSU Corvallis campus? Yes No If yes, Address of work location Who will be responsible for the $750 Processing Fee? Scholar (check or money order attached) Department: Index # Will this application be sent to USCIS using express shipping? Yes No If yes, please provide index # for shipping charges Dept. Personnel Contact: Name Sponsor: Name Phone: Phone: I hereby certify that I have read the E-3 Process sheet and understand the limitations of E-3 status listed and agree to fulfill all requirements. Sponsor s Signature Date I hereby certify that the department supports this request to sponsor an E-3 employee. Chair s Signature Chair s Printed Name Date 5

6 PART II (to be completed by the prospective E-3 employee): All personal information should match the E-3 applicant s passport Family Name: Middle Name: Current Street Address: First Name: Home Phone: Work Phone: Date of Birth: Country of Birth Country of Citizenship: Province of Birth Country of Perm. Residency: Social Security Number: Ph.D. Field: School: Country: Graduation Date: Masters M.A. M.S. Field: School: Country: Graduation Date: Bachelors B.A. B.S. Field: School: Country: Graduation Date: Will dependents in E-3 status accompany you at Oregon State? Yes No Are you currently in the US? Yes No If yes, do you plan to apply for E-3 status at the US Consulate in Australia? Yes OR do you plan to file for a change of status to USCIS from within the US? Yes If you plan to apply from within the US, what type of visa status are you in? No No E-3 applicants currently in the US may not travel outside of the US while the E-3 change of status petition is pending at USCIS, or the change of status petition will be voided by USCIS Have you ever been denied E-3 status? Yes No Has a Permanent Residency application ever been filed on your behalf? Yes No Have you ever been in the US in J-1 or J-2 status? Yes No If yes, were you subject to the 2-year Home Residency Requirement? Yes No If yes, have you fulfilled the 2-year Home Residency Requirement? Yes No If yes, how have you fulfilled the Home Res. Req.? Waiver Home Residency 6

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