E-3 Employees

There are two ways to obtain or extend E-3 non-immigrant status:

1. Outside the U.S. (most common)
   Obtaining or extending E-3 status while outside the U.S. requires only Steps 1 and 2 below. No petition is filed with United States Citizenship and Immigration Services (USCIS) (no Step 3, that is). Once Steps 1 and 2 are completed, the employee takes the certified Labor Condition Application (LCA) to a U.S. Consulate or Embassy abroad and applies for the E-3 visa stamp.At the consulate/embassy, the employee will have to demonstrate that they:
   • Are a national of Australia
   • Have a legitimate offer of employment in the U.S. (for example: an offer letter from the UW employing department or employment verification letter)
   • Possess the necessary academic or other qualifying credentials (for example: CV/resume, degree certificate, or transcripts)
   • Will fill a position that qualifies as a specialty occupation (for example: a position description, copy of certified LCA)
2. Inside the U.S. (less common)
   Filing a petition to obtain or extend E-3 status inside the U.S. is very similar to the H-1B process. To start the E-3 process inside the U.S., you should complete Steps 1 -3 (below) and email the forms to the International Faculty and Staff Services office (IFSS) at ischolars@ohr.wisc.edu. We will accept one form at a time, a few at a time, or all forms at the same time; whichever is easier for you.

STEP 1 – DETERMINING THE WAGE

The first step in the E-3 process is to determine the minimum wage the UW must pay the employee for the position according to the United States Department of Labor wage survey. IFSS can determine the wage once the following forms are received:

• Prevailing Wage Form (ETA-9141)
• Actual Wage Form
• If applicable, please provide a copy of the position vacancy listing (PVL) (not required for positions the UW does not require a PVL)

When the wage determination is completed, IFSS will email the Department Contact a final wage determination with directions on how to proceed. We can complete the wage determination before you offer the position to anyone.

In rare circumstances, IFSS may not be able to determine the wage. If this happens, we will need to submit a request to the Department of Labor (DOL) to make the determination. This can take 3-5 months and will still require IFSS to have all forms above to proceed. Keep in mind, this could significantly delay your anticipated start date. There is currently no way to expedite the DOL wage determination. We will try our best to internally determine the wage and not through DOL.

Once you have made the offer to the individual for whom you are sponsoring the E-3, submit the following:

• Department Request Form. Be sure to fill in all relevant information. If an employee has held a position at the UW before, look up the Empl ID in HRS and include that on the form. Questions on this form should be directed to ischolars@ohr.wisc.edu.

You may also, at this time, send following form to your applicant/employee so he or she can start gathering the required documentation needed for Step 3:

• Employee Intake Form (formerly the Beneficiary Information Form). A checklist of required documentation is on the last few pages of this form.*When obtaining of extending E-3 status outside the U.S., even though we don’t do Step 3, please have your employee still complete the Employee Intake Form again and submit relevant documentation so that we can verify the employee is still eligible for E-3 status since there is no external USCIS review.

Don’t forget to request the filing fees at this time! See below.

STEP 2 – FILING THE LABOR CONDITION APPLICATION (LCA)

The UW must submit a LCA to the DOL attesting to compliance with the requirements of the E-3 program. IFSS can file the LCA once Step 1 is completed and the following form is received:

• Labor Condition Application (LCA) Authorization Form*

Once the LCA is filed, IFSS will email the Department Contact the LCA. The LCA must be posted in ALL the locations the employee will work. The LCA should be posted where other employee notices are posted. The LCA does not contain any information about the employee specifically, only general information about the position for which you are filling. IFSS will also post a copy of the LCA in the main OHR office located at 21 N. Park Street in Suite 5101.

*If the employee will work in more than one location on a regular basis, please include all work locations on this LCA. If additional work locations are added, please consult IFSS immediately.

LCAs cannot be submitted more than six (6) months before the start date of the period of employment.

STEP 3 – PREPARING THE E-3 PETITION

This is the bulk of the petition if you are obtaining or extending E-3 status inside the U.S.

This step is NOT required if the employee is obtaining or extending E-3 status outside the U.S.

You will need the Employee Intake Form (see Step 1) and the employee’s documents to complete this step. IFSS can review and prepare the final E-3 petition, once the following forms are received:

NEW! Forward the following forms and documents to IFSS (PDF only). It is preferred that you share these documents using Box:

• Department Request Form (if you haven’t sent this to IFSS already)
• Employee Intake Form
• Copies of all the employee’s documentation (including any dependent documentation, if applicable—see Dependent section below). Refer to these checklists for documentation that is required (NOTE: these are H-1B checklists, but the documentation is the same for the E-3 so they are still applicable):
  • Document Checklist for Departments
  • Document Checklist for Scholars
• UPS or FedEx mailing label so that IFSS can securely mail the petition to USCIS. See below for mailing options and addresses.