Maintaining Status (E-3)
Rights and Responsibilities
All nonimmigrants in the U.S. are responsible for maintaining their own lawful status. Failure to do so can result in severe consequences.. The foreign national is responsible for understanding the laws and regulations that pertain to his/her status. ISSS advisors are available to assist UNC nonimmigrants in understanding their rights and responsibilities.
ISSS regularly provides sessions for international employees as a way of disseminating the information. ISSS advisors are also available to answer questions on an individual basis.
Changes in the employment elements may not be legally allowed in E-3 status. It is your responsibility, as well as your host department’s responsibility, to contact the appropriate advisor at ISSS PRIOR to any changes in your employment taking place.
The employer must pay you the required wage, which is listed on the LCA. If there will be a material change in the wage, the employer must first obtain a new certified LCA that specifies the required wage. Being paid the required wage is also part of maintaining E-3 status. You have the right to receive a copy of the Labor Condition Application (LCA) that was filed in connection with your E-3.
Reporting a Change of Address
All immigrants and nonimmigrants are required to report a change of address within 10 days of the change. As a person in E-3 status, this must be done either online or by completing the USCIS Form AR-11 found on the USCIS website. Keep copies of your address change reports for your records (If reporting online, print a copy of the form before submitting. If reporting by mail, send it by receipted mail or with tracking).
Extending E-3 status and employment authorization
E-3 workers are admitted only until the end date listed on the Form I-94, and may work only until the date listed on the LCA (whichever is earlier). An extension of stay must be filed and receipted into the United States Citizenship and Immigration Service (USCIS) prior to the expiration date of the I-94, and should be filed 6 months before the expiration date in order to avoid interruption of employment. Your host department should contact ISSS as soon as they know that they want to extend you. We recommend that once the petition for an E-3 extension has been filed, the E-3 worker should not travel outside the United States.