E3D Visa: Bringing Your Spouse and Children to the U.S. on an E3

If you're moving to the U.S. on an E-3 visa, your spouse and children can join you on an E-3D dependent visa. The E-3D allows your family to live in the United States for the duration of your E-3 status, and as of January 2022, your spouse can work for any U.S. employer without restriction and without applying for a separate work permit.

This guide covers who qualifies for E-3D status, how spousal work authorization works under the current rules, the application process for both consular processing and change of status, required documents, fees, and the practical issues E-3 families run into. For the principal E-3 visa holder, see our complete E-3 visa guide. For official USCIS guidance, see the E-3 Specialty Occupation Workers page.

What is the E3D visa?

The E-3D visa is a dependent classification that allows the spouse and unmarried children under 21 of an E-3 visa holder to live in the United States. The "D" stands for "dependent," distinguishing family members from the principal E-3 worker.

If you hold an E-3 specialty occupation visa as an Australian citizen, your immediate family members can join you in the U.S. under this classification. E-3D dependents are admitted for the same period as the principal worker and can extend their status as long as the principal maintains valid E-3 employment.

As of January 30, 2022, USCIS and CBP began issuing separate admission codes to distinguish between E-3 spouses and other dependents:

The E-3S code was introduced specifically to make it easier for spouses to prove their work authorization to U.S. employers. If your I-94 was issued before January 2022 and shows "E-3D," you may need supplemental documentation to verify your work eligibility. Check your I-94 at i94.cbp.dhs.gov.

Who qualifies for an E3D dependent visa?

To qualify for E-3 dependent status, you must be either the legally married spouse or an unmarried child under 21 of an E-3 visa holder.

Marriage requirements

The U.S. does not recognize de facto relationships, civil partnerships, or common-law marriages for E-3 dependent purposes. You must provide a valid marriage certificate from a recognized government authority to qualify as an E-3 spouse.

This is one of the most significant differences between Australian and U.S. immigration law. In Australia, de facto relationships of two years or more are often treated the same as marriage for immigration and legal purposes. In the U.S., they are not recognized at all.

If you're in a de facto relationship and want your partner to join you in the U.S., you have two options: get legally married before applying for the E-3D visa, or your partner can apply for a B-2 visitor visa as an alternative. The B-2 doesn't grant work authorization and is limited to six months (with a possible extension), but it allows your partner to be in the U.S. while you explore other options.

Child eligibility

Children qualify for E-3D status if they meet all of the following criteria:

• Under 21 years of age at the time of application and each entry
• Unmarried
• Biological, adopted, or stepchildren of the E-3 principal worker

When a child turns 21 or gets married, they "age out" of dependent status immediately. The Child Status Protection Act (CSPA), which provides some protection against aging out in immigrant visa categories, does not apply to E-3D dependents in the same way. The child's E-3D status ends on their 21st birthday regardless of what their I-94 or visa stamp shows.

Planning for aging out: If your child is approaching 21 and wants to remain in the U.S., start transition planning 12-18 months before their birthday. The most common path is changing to F-1 student status if they're enrolled in or planning to attend a U.S. university. The change of status application (Form I-539) should be filed well before they turn 21 to ensure continuous legal status.

Nationality requirements

Unlike the E-3 visa itself, which is exclusively for Australian citizens, E-3D dependents do not need to be Australian. Your spouse or children can be citizens of any country and still qualify for E-3D status based on their relationship to you.

E3D work authorization: Can E3 spouses work in the U.S.?

Yes. E-3 spouses can work for any U.S. employer without restriction. This is one of the most significant benefits of E-3D status and a major advantage over some other dependent visa categories.

Employment authorization incident to status

As of January 30, 2022, USCIS considers E-3 spouses to be "employment authorized incident to status." This means you are automatically authorized to work simply by virtue of holding valid E-3 dependent status. You do not need to apply for a separate work permit or wait for any additional approval. See the USCIS Policy Manual on E and L spouse employment authorization for the official guidance.

This policy change brought E-3 spouses in line with E-1 and E-2 spouses, who have had automatic work authorization for years.

Do E-3 spouses need an EAD?

No. E-3 spouses no longer need to apply for an Employment Authorization Document (EAD) to work legally. Your Form I-94 with an E-3S or E-3D notation serves as proof of work authorization.

You can prove your work eligibility to employers using:

• Unexpired I-94 with E-3S notation (issued after January 30, 2022): This is acceptable as a List C document for Form I-9 employment verification. Combine it with a List B identity document (such as a driver's license) to complete the I-9. Check your I-94 at i94.cbp.dhs.gov.
• Unexpired I-94 with E-3D or E-3R notation plus USCIS notice: If your I-94 was issued before January 30, 2022, or shows E-3D instead of E-3S, USCIS sent a supplemental notice that, combined with your I-94, serves as proof of work authorization.
• EAD card (optional): While not required, you can still apply for an EAD by filing Form I-765 ($470 online, $520 paper). Some spouses prefer having an EAD because it's a single List A document that proves both identity and work authorization.

Getting a Social Security number

To work in the U.S., you'll need a Social Security number (SSN). E-3 spouses can apply for an SSN at any local Social Security Administration office. Bring your passport, your I-94 showing E-3S status, and your visa stamp (if applicable). Processing typically takes 2-4 weeks.

When filing for an EAD might still make sense

Although EADs are no longer required, there are situations where applying for one may be worthwhile:

• Employer unfamiliarity: Some employers or HR departments are unfamiliar with the I-94 as proof of work authorization and may push back or delay onboarding. An EAD card is a more familiar document.
• Multiple jobs: If you're working for several employers, having a single document that proves work authorization can simplify paperwork.
• Peace of mind: Some spouses prefer having a physical card rather than relying on I-94 records.

The downside is the cost ($470 online, $520 paper) and processing time (2-7 months for standard processing). For most E-3 spouses, the I-94 is sufficient.

Can E-3D children work?

No. E-3D children are not authorized to work in the United States under any circumstances while in dependent status. This restriction applies regardless of age.

E-3D children can attend school at any level, from elementary school through university. However, if your child is attending a U.S. university and wants access to work opportunities like Optional Practical Training (OPT) or Curricular Practical Training (CPT), they should consider switching to F-1 student status. E-3D dependents at university don't have access to these programs.

How to apply for an E3D visa

There are two main paths to obtaining E-3D status: applying at a U.S. consulate abroad (consular processing) or changing status while already in the United States.

Consular processing (applying from abroad)

This is the most common method, especially when the entire family is traveling to the U.S. together. Spouses and children typically interview at the same time as the principal E-3 applicant.

Step 1: Complete Form DS-160

Each dependent must complete their own DS-160 Online Nonimmigrant Visa Application. When asked about the purpose of your trip, select the E-3 dependent category. Save your confirmation page with the barcode. For guidance on completing the DS-160, see our DS-160 guide.

Step 2: Pay the visa application fee

The E visa application fee (MRV fee) is $315 per person. This applies to both the principal E-3 applicant and each E-3D dependent. Pay through the consulate's payment portal before scheduling your interview. See the State Department fee schedule for current fees.

Step 3: Schedule the visa interview

Book appointments through usvisascheduling.com (this replaced ustraveldocs.com in September 2025). In Australia, E-3 appointments are available at the Sydney, Melbourne, and Perth consulates. For current wait times and booking strategies, see our E-3 visa appointment guide and E-3 visa appointment calendar.

Step 4: Attend the visa interview

Dependent interviews are typically brief. The consular officer will verify your relationship to the E-3 principal and confirm eligibility. Be prepared to answer questions about your relationship and your plans in the U.S. For interview preparation tips, see our E-3 visa interview guide.

Step 5: Receive your visa

If approved, your passport with the visa stamp will typically be returned within 2-5 business days. Some cases may require administrative processing, which can add weeks or months. See our E-3 administrative processing guide for more information, and our E-3 passport return guide for tracking your passport.

Change of status (already in the U.S.)

If you're already in the United States on another nonimmigrant status (such as B-2 visitor, F-1 student, or H-4 dependent), you may be able to change to E-3D status without leaving the country by filing Form I-539.

Who can change status:

Most nonimmigrant statuses are eligible for change of status to E-3D, including B-1/B-2, F-1, J-1 (if two-year home residency requirement doesn't apply or has been waived), H-4, and L-2.

If you entered the U.S. on the Visa Waiver Program (ESTA), you generally cannot change status.

Step 1: File Form I-539

The dependent files Form I-539, Application to Extend/Change Nonimmigrant Status. If there are multiple dependents, the first dependent files Form I-539 and each additional dependent files Form I-539A as a co-applicant.

Filing fee: $420 (online) or $470 (paper) per I-539 application.

Step 2: Submit supporting documents

Include with your I-539:

• Copy of your current I-94
• Copy of your passport (including visa stamps)
• Copy of your current nonimmigrant status documentation
• Marriage certificate (for spouses) or birth certificate (for children)
• Evidence of the principal's E-3 status (I-797 approval notice, I-94, visa stamp)
• Evidence of the principal's continued employment (recent pay stubs, employment verification letter)
• Financial support documentation (bank statements, tax returns).

Step 3: Wait for processing

Standard I-539 processing takes 3-10 months depending on USCIS workload. Premium processing is not available for I-539 applications.

While your I-539 is pending, maintain your current status. If your current status expires before the I-539 is adjudicated, you're generally authorized to remain in the U.S. while the application is pending, but you cannot work until your E-3D status is approved (unless you had separate work authorization in your prior status).

Concurrent filing option

If the E-3 principal is filing Form I-129 to extend their status or change employers, dependents can be included on the petition or file I-539 concurrently.

This ties the family's applications together, so the dependent's outcome depends on the principal's approval.

File the dependent's I-539 at the same time as or shortly after the principal's I-129 to keep the family's status aligned. See our E-3 change of employer guide for more on this process.

Follow-to-join (after principal is already in the U.S.)

If the E-3 principal is already working in the U.S. and family members want to join later, they apply for E-3D visas at a U.S. consulate abroad using the consular processing steps above.

The principal does not need to file anything additional, though providing documentation of the principal's current E-3 status strengthens the dependent's application.

Required documents for E3D visa applications

For consular processing (spouses)

For consular processing (children)

For change of status (I-539)

E3D visa fees and costs

All fees are current as of February 2026. Check the USCIS fee schedule and State Department fee schedule for the latest amounts.

Australian citizens are exempt from the visa issuance fee that applies to some nationalities. However, E-3D dependents who are not Australian citizens may need to pay an additional reciprocity fee depending on their nationality. Check the State Department's reciprocity tables for your specific country.

Total estimated costs:

• Consular processing is $315 per dependent
• Change of status is $420 (online) or $470 (paper) per applicant
• The principal E-3 applicant's fees are separate

E3D visa processing times

Consular processing

Total for straightforward cases: 2-6 weeks from starting the application to receiving the visa. Consulate wait times vary significantly. Sydney typically has shorter waits than Melbourne during peak periods. Perth is sometimes overlooked but can have earlier availability. Check our E-3 visa appointment calendar for current wait times.

Change of status (I-539)

I-539 processing times have been volatile. Check USCIS processing times for the latest estimates based on the service center handling your case.

How long can E3D dependents stay in the U.S.?

E-3D status mirrors the principal E-3 worker's status:

• Initial period: Up to 2 years
• Extensions: Up to 2 years per extension, with no maximum number of extensions
• Total stay: Unlimited, as long as the principal maintains E-3 status

Your E-3D status is directly tied to the principal's employment. If the E-3 worker changes jobs, loses their job, or otherwise loses E-3 status, dependent status is also affected.

The 60-day grace period

If the E-3 principal worker loses their job (voluntarily or through termination), both the principal and dependents have a 60-day grace period. During this time, the family can find new E-3 employment (principal files new I-129 or applies for new visa), change to another nonimmigrant status (such as B-2 visitor), or depart the United States.

The grace period clock starts when employment ends, not when you're notified. Dependents cannot work during the grace period unless the principal has already secured new employment and filed the necessary paperwork.

Renewing and extending E-3D status

When the principal renews their E-3 visa at a consulate, dependents need new visa stamps too. If the family is traveling together, everyone can interview at the same time.

When the principal extends E-3 status from within the U.S. by filing Form I-129, dependents must file Form I-539 separately to extend their status. For more on current renewal requirements and restrictions, see our E-3 third-country renewal guide.

Common E3D visa issues and how to avoid them

Issue 1: De facto relationships not recognized

Problem: Many Australian couples live in de facto relationships that are legally recognized in Australia but not by U.S. immigration.

Solution: If you want your partner to accompany you on E-3D status, get legally married before applying. Plan ahead, as processing times for marriage certificates vary by state/territory.

Alternative: If marriage isn't an option, your partner can apply for a B-2 visitor visa. This allows them to be in the U.S. for up to six months (extendable) but without work authorization. It's not ideal, but it keeps you in the same country while you explore options.

Issue 2: I-94 shows wrong status code

Problem: CBP sometimes admits E-3 spouses with "E-3D" instead of the correct "E-3S" code. This can prevent you from getting a Social Security number and create problems completing Form I-9 with employers.

Solution: Check your I-94 immediately after entering the U.S. at i94.cbp.dhs.gov. If it shows the wrong code, visit a CBP Deferred Inspection Site (over 70 locations nationwide, often at international airports). Bring your passport, visa stamp, and I-94, and they can correct classification errors on the spot, usually in one appointment. This is the fastest option. Alternatively, a short trip to Canada or Mexico and re-entering with the correct E-3S notation also works.

Issue 3: Employers unfamiliar with E-3S work authorization

Problem: Some HR departments don't recognize the I-94 as valid work authorization and incorrectly require an EAD.

Solution: The I-94 with E-3S notation is explicitly listed as a valid List C document in the M-274 Handbook for Employers. You can show HR the relevant USCIS guidance. If the employer continues to push back, filing for an EAD via Form I-765 ($470 online) may be the path of least resistance, even though it's not legally required.

Issue 4: Child approaching 21 with no transition plan

Problem: E-3D children lose status on their 21st birthday with no grace period or protection.

Solution: Start planning 12-18 months before the child turns 21. If they're in college or planning to attend, F-1 student status is the most straightforward transition. File the change of status (I-539) well before the birthday to ensure approval in time. If the child is working or wants to work, they'll need their own work visa (H-1B lottery registration is each March, or O-1 for those with extraordinary ability).

Issue 5: Principal loses job unexpectedly

Problem: When the E-3 principal is terminated, the entire family's status is at risk.

Solution: Use the 60-day grace period strategically. The principal should begin job searching immediately. If a new employer is found, they can file Form I-129 (premium processing available for $2,965 for a 15-business-day decision). The family can also change to B-2 status to buy more time, though this means the spouse loses work authorization. See our E-3 change of employer guide for more details.

E3D dependents and education

E-3D dependents can attend school at any level without additional permits or authorization, including elementary, middle, and high school, community college, and university (undergraduate and graduate programs).

Should your child stay on E-3D or switch to F-1?

If your child is attending a U.S. university, they need to decide whether E-3D or F-1 student status better serves their goals.

For children planning to work in the U.S. after graduation, F-1 is usually the better choice because of access to OPT (12 months of work authorization, or 36 months for STEM fields).

E-3D provides no work opportunities for children, and they'd need to immediately secure their own visa sponsorship after graduation. Switching from E-3D to F-1 requires filing Form I-539. Do this well before the child turns 21 if age is a factor.

Tax considerations for E3D dependents

E-3D dependents living in the U.S. may have tax filing obligations, even if they don't work.

• Working spouses: Must file U.S. federal and state tax returns on income earned in the U.S.
• Non-working dependents: May still have filing requirements depending on worldwide income and time spent in the U.S.
• FBAR reporting: If you have foreign bank accounts exceeding $10,000 in aggregate at any point during the year, you must file an FBAR.

Tax rules for nonresidents are complex. Consult a tax professional familiar with nonresident filing, especially if you have income or assets in Australia while living in the U.S.

Frequently asked questions