If you’re an Australian citizen working in the U.S. on an E-3 visa and want to switch jobs, it’s important to follow the legal process carefully. This guide explains how to change employers without leaving the United States.
Who Can Use the E-3 Visa?
The E-3 visa is only available to Australian nationals working in specialty occupations. These roles require at least a bachelor’s degree or equivalent experience.
- Be an Australian citizen
- Have a valid job offer in the U.S.
- Work in a specialty occupation
- Meet education or experience requirements
Changing Employers on an E-3 Visa
If you’re already in the U.S. and want to start working for a new employer, you must follow these steps:
- The new employer must file a certified Labor Condition Application (LCA) for your position.
- They must submit Form I-129 to U.S. Citizenship and Immigration Services (USCIS).
- You cannot start working for the new employer until Form I-129 is approved by USCIS.
Documents Needed for Form I-129
Your new employer’s petition must include:
- A certified LCA for an E-3 position
- Proof of your academic credentials or experience
- A job offer letter showing the role qualifies as a specialty occupation and meets wage requirements
- A license, if the job requires one (e.g., healthcare or legal fields)
60-Day Grace Period After Employment Ends
If your job ends before a new petition is approved, USCIS may allow a 60-day grace period. This lets you stay in the U.S. legally to:
- File a new I-129
- Change employer
- Prepare for departure
Note: This grace period only applies if your I-94 is valid and you follow all visa conditions.
Extension vs. Change of Employer
| Action | New LCA Needed? | I-129 Required? | Stay in U.S.? |
|---|---|---|---|
| Change of Employer | Yes ✅ | Yes ✅ | Yes ✅ |
| Extension (Same Job) | Yes ✅ | Yes ✅ | Yes ✅ |
You can extend your E-3 visa in 2-year increments with no set limit, unless an exception applies.
What About Family Members on E-3?
Your spouse and unmarried children (under 21) can apply for E-3 dependent visas.
- Spouses can work with proper documents.
- Children can study, but cannot work.
Spouses can work if they have:
- An unexpired Form I-94 with an E-3S code
- An Employment Authorization Document (EAD)
- A valid I-94 and a USCIS notice confirming E-3S status
When to Speak With a Lawyer
It’s smart to speak with a U.S. immigration attorney if:
- Your current job has already ended
- You’re unsure if your job qualifies as a specialty occupation
- You have complex timing or travel plans
- You need help preparing Form I-129
Final Tip
Never start working for your new employer until USCIS approves the Form I-129. Violating this rule could affect your visa status and future applications.
Schedule a Consultation with an Immigration Lawyer
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If you have questions regarding a U.S. immigration matter, we invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Please read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
JEREMY L. RICHARDS is the founding partner of Richards and Jurusik and has dedicated his career to U.S. immigration law, with a specialized focus on assisting Canadian and Mexican citizens under the United States-Mexico-Canada Agreement (USMCA) to work and live in the United States. (Full Bio)
