E3 Visa Change of Employer: Process, Timeline, and Gaps

If you're an Australian professional working in the U.S. on an E-3 visa and you have a new job offer, you can change employers. But the E-3 does not have portability. Unlike the H-1B, where you can begin working for a new employer as soon as USCIS receives their petition, E-3 holders must wait for either a new Form I-129 approval or a new visa stamp before starting work.

This is the single most important distinction to understand before you begin. The Form I-129 petition must be approved before you are authorized to work for the new employer. There is no interim work authorization while your petition is pending.

This guide covers the two pathways for changing employers, current costs and processing times, how to handle the gap between jobs, and what your new employer needs to do. If you're new to the E-3 visa, read our complete E-3 visa guide first.

Two pathways to change employers

When changing employers on an E-3 visa, you have two options. Each has trade-offs depending on your timeline, travel flexibility, and risk tolerance.

Option 1: File Form I-129 with USCIS (change of employer)

Your new employer files Form I-129, Petition for a Nonimmigrant Worker, with USCIS. This changes your status to the new employer without requiring you to leave the United States.

What's required:

1. Your new employer obtains a certified LCA from the Department of Labor
2. Your new employer files Form I-129 with supporting documentation
3. USCIS adjudicates the petition
4. Upon approval, you receive Form I-797, Notice of Action
5. You can begin working for the new employer

The catch: You must wait for approval. Unlike H-1B visa holders who can begin working as soon as USCIS receives their change of employer petition (known as "portability"), E-3 visa holders have no such benefit. USCIS explicitly states that "the Form I-129 petition must be approved before you are authorized to work for the new employer."

Expect closer scrutiny: Immigration attorneys and community reports consistently note that USCIS-filed E-3 petitions receive more scrutiny than consular applications, and Requests for Evidence (RFEs) are common. The most frequent RFE triggers are vague job descriptions that don't clearly establish the position as a specialty occupation, inconsistencies between the I-129, LCA, and offer letter, and insufficient evidence that the applicant's degree is directly related to the position. An RFE is not a denial - your employer responds with additional documentation.

What this means for travel: An I-129 approval changes your status and work authorization, but it does not give you a new visa stamp. If you leave the U.S. after an I-129 approval, you will need to apply for a new E-3 visa at a consulate before you can re-enter. For more on the distinction between I-94 status and visa stamps, see our third-country renewal guide.

Option 2: Consular processing (new E-3 visa application)

You apply for a new E-3 visa at a U.S. embassy or consulate abroad. This is essentially a fresh visa application with your new employer's sponsorship.

What's required:

1. Your new employer obtains a certified LCA from the Department of Labor
2. You schedule a visa appointment at a U.S. consulate
3. You attend the interview with required documents (LCA, job offer letter, credentials, DS-160 confirmation)
4. If approved, you receive a new E-3 visa stamp in your passport
5. You re-enter the U.S. and can begin working

Why most people choose this route: The consular process is often faster than waiting for USCIS. In Australia, mail-in renewals were previously available, but as of October 1, 2025, interview waivers are no longer available for E-3 visas. All applicants, including those changing employers, must attend an in-person interview. For guidance on what to expect, see our E-3 visa interview prep guide.

You can apply at any U.S. consulate that accepts E-3 applications, not just in Australia. However, third-country processing carries additional risk since the September 2025 policy changes. Multiple Australians have reported being refused at consulates where they previously renewed without issue.

Timing the consular trip while still employed: You don't need to resign from your current employer before applying for a new E-3 visa at a consulate. Many E-3 holders coordinate with both their current and new employer to minimize the gap: work until a planned last day, fly to the consulate (Sydney, Melbourne, or Perth appointment slots typically fill 4-8 weeks out), attend the interview, receive the new visa stamp (usually 3-5 business days if there is no administrative processing), re-enter the U.S., and start with the new employer.

Timeline comparison

The USCIS timeline depends on service center workload. Premium processing guarantees a response (approval, denial, or request for evidence) within 15 business days, but you still cannot work until the petition is approved.

Costs

USCIS route (Form I-129)

Regular employer: 26 or more full-time equivalent employees.

Small employer: 25 or fewer full-time equivalent employees.

Total without premium processing: $1,615 for regular employers, $810 for small employers.

Total with premium processing: $4,420 for regular employers, $3,615 for small employers.

Premium processing fees increase on March 1, 2026. Always verify current fees at uscis.gov/g-1055 before filing.

Consular route

Total: $315 in government fees. Additional costs may include travel to Australia, accommodation, and credential evaluation if needed.

The Visa Integrity Fee ($250, authorized under the One Big Beautiful Bill Act signed July 4, 2025) applies to all nonimmigrant visas at the time of issuance. As of February 2026, DHS has not finalized collection procedures and the fee is not yet being collected. Budget for it, but confirm the implementation status before your consulate appointment.

Fees last verified: February 2026. Always confirm current amounts at uscis.gov/g-1055 and travel.state.gov before filing.

The 60-day grace period

If your employment ends (whether you resign or are terminated), you don't immediately fall out of status. USCIS may consider you to be maintaining E-3 status for up to 60 days during the period of petition validity.

This grace period gives you time to:

• Find a new employer willing to sponsor you
• Have that employer file Form I-129
• Alternatively, prepare to depart the U.S.

What the grace period does not allow: You cannot work during this 60-day period unless and until a new Form I-129 is approved.

If your I-94 expires before the 60-day period ends, the grace period terminates when your I-94 expires.

If the grace period is about to expire and you don't have a new sponsor, you may be able to file Form I-539 to change to B-1/B-2 visitor status before your grace period or I-94 expires. B-1/B-2 status does not authorize work - it only allows you to remain in the U.S. legally while you continue your job search or make departure plans. Filing the I-539 before your status expires is critical. If you file after your authorized stay has ended, you may accrue unlawful presence. This is a last-resort option, not a routine strategy, and you should consult an immigration attorney before filing.

What your new employer needs to do

Step 1: Obtain a certified LCA

Before filing Form I-129 or you applying at a consulate, your new employer must obtain a certified Labor Condition Application (LCA) from the Department of Labor. The LCA must indicate it's being filed to support an E-3 classification.

The LCA confirms your employer will pay you the higher of the actual wage or the prevailing wage for the position in the geographic area.

LCA processing typically takes 7 business days.

Step 2: Prepare supporting documents

Your employer should gather:

• A job offer letter specifying the position, duties, salary, and work location
• Evidence that the position qualifies as a specialty occupation
• Your academic credentials or equivalent work experience
• Professional license (if required for the occupation in your state)

Step 3: File or support your application

• USCIS route: Employer files Form I-129 with all supporting documents
• Consular route: Employer provides you with the certified LCA and supporting documents to bring to your visa interview

Choosing the right route

Choose the USCIS route if:

• You cannot or prefer not to travel internationally
• You have savings to cover 2 to 5 months without income (or your new employer is willing to wait)
• You want to avoid the uncertainty of a consular interview

Choose the consular route if:

• You need to start working quickly
• You're comfortable traveling to a consulate
• You want to save on filing fees
• You need to travel internationally anyway

The best-case scenario on either route is to start the process while you are still employed with your current employer.

If you choose the USCIS route, have your new employer file Form I-129 (with premium processing if timing is critical) before you leave your current role. If the I-129 is approved before your last day, there is no gap in work authorization.

If you choose the consular route, coordinate your departure date with your consulate appointment so you minimize time away from work. You don't need to resign before applying - many people fly out for the interview, get the stamp, and return within a week.

Dependents: what happens to E3D status during the transition

If your spouse or children hold E-3D dependent status, their situation depends on which route you take.

If you go the consular route, your spouse and dependents can apply for new E-3D visas at the same consulate appointment (or a separate one). If your spouse is staying in the U.S. and has a valid I-94, they don't necessarily need to travel with you - their status remains valid until their I-94 expires.

However, if their I-94 is tied to your current E-3 authorization and you re-enter on a new E-3 with a new employer, confirm with an attorney whether their existing I-94 remains valid or whether they need new E-3D documentation.

If you go the USCIS route, your spouse and dependents need to file Form I-539 (Application to Extend/Change Nonimmigrant Status) either concurrently with your I-129 or separately. I-539 is not eligible for premium processing, and processing times are significantly longer - sometimes 10 months or more. This creates a situation where your I-129 could be approved in 15 business days via premium processing, but your spouse's I-539 could take months.

During this gap, your spouse's work authorization may be affected. If your spouse is working in the U.S. under E-3S employment authorization incident to status, confirm with an attorney how the timing affects their ability to continue working.

E-3D dependents do not need to be Australian citizens.

What to do now

If you're considering changing employers on your E-3 visa:

1. Confirm your new employer is willing to sponsor you. They'll need to obtain an LCA and either file Form I-129 or provide documentation for your consular application.
2. Decide on your route. Consider your timeline, financial situation, and travel flexibility.
3. If choosing USCIS: Have your employer file Form I-129 as soon as possible. Consider premium processing if time is critical.
4. If choosing consular: Schedule your appointment early. Gather all required documents, including the certified LCA, job offer letter, and evidence of your qualifications. See our E-3 visa interview guide for what to expect.
5. Plan for the gap. You cannot work between employers (unless your new I-129 is approved before you leave your current job). Budget accordingly.

Changing employers on an E-3 visa is entirely possible, but it requires planning. The lack of portability means you need to coordinate timing carefully. Start the process early, communicate with your new employer about the requirements, and you'll be working in your new role soon.

Frequently asked questions