E3 Visa

Frequently Asked Questions & Answers

21. Do I need to demonstrate a 'residence abroad'?

E-3 status provides for entry on a non-permanent basis into the U.S. Similar to E-1 and E-2 visa applicants, the E-3 must satisfy the consular officer that s/he intends to depart upon termination of status.

22. Can I change my status while in the US on an E-3 visa?

Yes. You can change your visa status from E-3 to any other nonimmigrant status while in the US.

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23. Can I switch to H-1B from E-3?

Yes. As long as you qualify for H-1B, and there are visas available, you can change your status to H-1B. However, there is no legal obligation for you to switch to H-1B from E-3.

24. Can I travel to the US on a Visa Waiver Program and apply for a Change of Status to E-3?

In certain circumstances you can travel to the US under the Visa Waiver Program to find a job or attend a job interview, but you cannot apply for a change of status to E-3 visa while you are on the Visa Waiver Program.

25. Can I change my status to E-3 visa status if I’m already in the US in another nonimmigrant visa status?

Yes. If you are already in the US in another nonimmigrant visa category, your US employer may file a change of status petition by filing a Form I-129 (Petition for a Nonimmigrant Worker) with the USCIS Service Center with Jurisdiction over the job location. However, you can only be approved for a change of status if your present visa category supports a change of status. For instance, you cannot receive a change of status from the VWP as this category does not allow a change of status.