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E-3 Australian Treaty Workers

  • E-3 Overview

    The E-3 classification applies only to nationals of Australia. Applicants must be coming to the United States solely to perform services in a specialty occupation. The specialty occupation requires theoretical and practical application of a body of highly specialized knowledge  and the attainment of a bachelor’s or higher degree, or its equivalent, as a minimum for entry into the occupation in the United States.

    In an effort to ensure the most appropriate and efficient immigration document processing of our International Faculty and Scholars in the E-3 category, these requests will be referred for processing by the SUNY-approved immigration counsel firm.

    This allows us to take advantage of experienced immigration counsel and give departments high-level service in dealing with the intricacies of these petitions.  

    Departments wishing to support or extend a foreign national employee under the E-3 categories should submit the "Immigration Counsel Referral" request in accessVIS. These requests require Dean  (or equivalent) approval, as well as screening against federal export control lists.

    • Initial period of stay: 2 years
    • Extension of stay: Up to 2 years per extension; no maximum number of extensions, with some exceptions
  • Initiating a Request

    Initiating an E-3 Request

    Step 1: Confirm the prospective employee has an Employee ID
    Step 2: Check that all information in PeopleSoft is correct
    Step 3: Prepare the required documents
    Step 4: Initiate the 'Immigration Counsel Referral' request
    Step 5: The employee will submit their information
    Step 6: Screening against Deemed Export Controls
    Step 7: Provide Actual Wage List information
    Step 8: VIS will conduct a preliminary review


  • Legal and Filing Fees

    E-3 Legal and Filing Fees

    U.S. Department of Labor regulations require that employers pay all expenses required for E-3 applications. The fees cannot be recouped from employees.

    Legal Fees

    E-3 petitions are referred for processing by the SUNY-approved immigration counsel firm. The immigration counsel firm charges $1,650 for the preparation of the E-3 petition. Departments are responsible for these legal  fees.

    Filing Fees

    The SUNY-approved immigration counsel firm (Harris Beach) will front the payment of any applicable fees and issue an invoice to departments to pay within 30 days from the date of notice. 

    • $460: I-129 filing with USCIS (for those who do not want to travel)
    • $2,805: Premium Processing is an expedited service that is available for H-1B, E-3, and TN petitions. USCIS guarantees that within 15 days they will issue either a final adjudication decision or a Request for Evidence (RFE). If USCIS fails to process the petition within 15 days, it will refund the fee. Premium Processing may be requested simultaneously with the USCIS petition or at a later date, if necessary.

    In the event a request for evidence (RFE) is issued or additional services are required, departments will first be notified of any additional legal fees.