E3 Visa Third-Country Renewal: What Changed in 2025
E-3 visa third-country renewal rules changed in September 2025. What it means for Australians, your options for renewing, and how to plan your trip back to Australia.
E-3 visa third country renewal changed dramatically in September 2025 when a double policy shift fundamentally altered how Australians renew their visas abroad. The U.S. Department of State ended interview waivers and restricted third-country visa processing in the same month, catching many E-3 holders off guard.
As of September 2025, E-3 visa third country renewal is no longer a reliable option for most Australians. If you were planning to renew in London, Canada, or another convenient location outside Australia, you now face significant restrictions. Here is what changed and what your options are.
Key Takeaways
- Interview waivers for E-3 visas ended on October 1, 2025. All renewals now require an in-person interview at a U.S. consulate or embassy.
- Third-country renewals are now restricted. As of September 6, 2025, you must apply in your country of nationality or residence. Australians have been refused in London under this new directive.
- The safest option is to fly back to Australia for your renewal. Sydney, Melbourne, and Perth consulates will accept your application without question.
- The I-129 extension is an alternative if you cannot travel. Your employer files with USCIS to extend your status, but you will not get a new visa stamp and cannot travel internationally.
- MRV fees are non-refundable if your third-country application is refused. The State Department explicitly warns applicants about this risk.
What changed in September 2025
Two separate policy changes hit E-3 visa holders within days of each other, affecting anyone who previously relied on E-3 visa renewal in London or E-3 visa renewal in Canada, or other third-country locations.
E-3 visa interview waiver ended 2025
The State Department announced on July 25, 2025 that interview waivers would end for most nonimmigrant visas, including E-3 visas. A September 18, 2025 update set the effective date as October 1, 2025. Before this change, many E-3 holders could renew by mail without attending an interview.
Now, every E-3 visa application requires an in-person interview, including:
- First-time applicants
- Renewals (even for the same job)
- Transfers to new employers
- E-3D dependent visas for spouses and children
Third-country processing restricted
In a separate policy change on September 6, 2025, the State Department issued guidance requiring applicants to schedule visa interviews in their country of nationality or residence. The directive states: "Applicants must be able to demonstrate residence in the country where they are applying."
E3 visa renewal refusals at third-country consulates
Within days of the September 6 directive, Australians were refused E-3 visa renewals in London. According to ABC News Australia, Josh Pugh of America Josh reported: "We have heard directly from about a dozen people already who have said that they got to the interview like they had many times before, they went through the process and then were told that their visa had been refused because of this new directive."
Your options now
Option 1: Fly back to Australia (safest)
The most reliable option is to apply at a U.S. consulate in Australia: Sydney, Melbourne, or Perth. As an Australian citizen, you have an automatic right to apply there.
Planning your E-3 visa renewal trip to Australia
If you're returning to Australia for renewal, plan for 2-4 weeks minimum in the country. Here's what drives that timeline:
Appointment availability: Wait times vary by consulate and season. Check current availability using our E-3 visa appointment calendar. Book as early as possible.
Passport return: Within a few days after your interview, your passport will be returned via either courier (for an additional fee) or you may pick it up from the VFS Global office in the same city as the Consulate where you had your interview. Processing times vary by consulate. Don't book a tight return flight. Allow buffer time for passport return.
Coordinate with your employer before leaving:
- Confirm time off (budget 3-4 weeks total to be safe)
- Get an updated employment verification letter dated within 30 days of your interview
- Confirm your employer won't take action on your petition while you're traveling
Option 2: Apply where you legally reside
If you are a legal resident of another country (not just visiting), you may be able to apply there. The key word is "resident," which means you hold a visa or permit that allows you to live and work there. A tourist visa does not count. Consulates are looking for evidence of legal residence such as a work permit, residency visa, or similar documentation. If you previously lived in the UK or Canada but no longer hold valid residence status there, you would not qualify to apply at those consulates. Being physically present is not enough. You must be able to demonstrate current legal residence.
Real example: renewing in London as a British Australian
A British Australian renewed her E-3 visa at the London consulate in early 2026. Her UK citizenship meant she qualified to apply in London, as the State Department allows interviews in your country of nationality or residence.
During her interview, she was asked: "Why are you doing your interview at the London consulate?"
Her answer: "I'm still a resident here and this is home, so I'm applying from the country I maintain ties to when my E-3 expires."
The key distinction: you need to be a citizen or resident of the country where you're applying, not just passing through on a convenient layover. If you hold citizenship in another country that processes E-3 visas (the UK, Canada, or similar), you can apply there. You don't need to live there.
Option 3: I-129 extension (no travel required)
If you cannot travel internationally, your employer can file Form I-129 with USCIS to extend your E-3 status from within the United States. If approved, you receive a new I-94 with extended status. However, you do NOT get a new visa stamp in your passport. See "Understanding I-94 vs. visa stamp" below for what this means for your status and travel restrictions.
What your employer needs to do (I-129 extension)
If you're extending your E-3 status from within the U.S., your employer files the petition. Here's the process:
Step 1: Obtain a certified LCA. Your employer submits a Labor Condition Application (Form ETA-9035) to the Department of Labor through the FLAG system. The DOL reviews LCAs within 7 working days.
Step 2: File Form I-129 with USCIS.
| Item | Cost |
|---|---|
| I-129 filing fee (E-3) | $1,015 |
| Premium processing (optional) | $2,965 as of March 1, 2026 |
Processing time: With premium processing, USCIS guarantees adjudicative action within 15 business days. Without premium processing, times vary.
What happens to your status while you travel for renewal
Can you work until you leave? Yes. Your work authorization continues until your I-94 expiration date, regardless of when your visa stamp expires. The visa stamp controls entry; the I-94 controls how long you can stay and work.
What if your visa stamp already expired? You can still work legally in the U.S. as long as your I-94 is valid. But once you leave the country, you cannot re-enter without a new visa stamp.
What if your I-94 expires while waiting for an appointment? If your employer filed an I-129 extension before your I-94 expired, you may continue working for up to 240 days while USCIS processes the petition, or until USCIS makes a decision, whichever comes first.
The 10-day grace period: E-3 visa holders have a 10-day grace period after their I-94 expires to depart the U.S. or take other actions to extend or change status. You cannot work during this period.
Understanding I-94 vs. visa stamp
Your I-94 is your record of legal status in the United States. Your visa stamp is an entry permit in your passport that allows you to travel to a U.S. port of entry. These are not the same thing, and understanding the difference is critical. An I-129 extension approved by USCIS extends your I-94 and allows you to continue working legally in the U.S., but it does not give you a new visa stamp. This means you cannot travel internationally and return. If you leave the U.S. with an expired visa stamp, you will need to obtain a new visa at a consulate before you can re-enter, even if your I-94 status is still valid. Your status is also tied to your specific employer. If you change jobs, you would need a new I-129 petition from the new employer.
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Explore E-3 Jobs on Migrate MateFrequently Asked Questions
Can I still renew my E-3 visa in London or Canada?
Technically yes, but it's risky. The September 2025 directive requires you to prove residence in the country where you're applying. Australians have already been refused in London. If refused, your $315 MRV fee is non-refundable.
What happened to E-3 interview waivers?
Interview waivers ended on September 2, 2025. All E-3 applications, including renewals, now require an in-person interview at a U.S. consulate or embassy.
Can I extend my E-3 without leaving the U.S.?
Yes, through Form I-129. Your employer files with USCIS to extend your status. If approved, you get a new I-94 but not a new visa stamp. You can continue working but cannot travel internationally until you get a new visa.
What if I already have a third-country appointment booked?
The State Department guidance says "existing nonimmigrant visa appointments will generally not be cancelled." However, having an appointment does not guarantee approval.
How long are Australian consulate wait times now?
Wait times vary and are increasing due to higher demand. Check our E-3 visa appointment calendar for current wait times at Sydney, Melbourne, and Perth.
What happens if my third-country application is refused?
You will not receive a visa, your $315 MRV fee is non-refundable, and you will need to apply again at another consulate. If you're outside the U.S., you cannot re-enter until you obtain a valid visa.
About the Author
Founder & CEO @ Migrate Mate
I moved from Australia to the United States in 2023. I have had 3 jobs, and 3 different visas. I started Migrate Mate to help people like me find their dream job in the USA & help them get visa sponsorship.
