USCIS has just announced that effective February 24, 2021, Australian nationals requesting a change of status to an E-3 visa classification or extension of stay for someone who is currently in the United States in valid E-3 status may now, for the first time ever, request premium processing of that petition. This is a meaningful development for our Australian clients and their employers, as standard processing times for E-3 petitions filed with the USCIS Service Center have ballooned to more than 6 months, effectively precluding E-3 holders from changing jobs and renewing driver’s licenses, oftentimes compelling clients to travel abroad (during COVID) to apply for the renewal at the US Embassies abroad.
The USCIS premium processing service allows petitioners to pay an additional filing fee of $2,500 to expedite the adjudication of certain forms. In exchange for paying for this expedited process, USCIS will render a decision within 15 business days of filing.
By way of background, the E-3 classification allows Australian citizens (but not Australian permanent residents) to enter and work in the United States in a specialty occupation (i.e.; a professional level position) for up to two (2) years. The E-3 classification also allows the dependents of the principal applicant to enter the United States in E-3D status and further permits the spouse of the principal applicant to apply for his/her own work authorization once in the United States. Further details can be found here.
If you have any questions, please do not hesitate to contact Anthony F. Siliato, Scott R. Malyk or Lin R. Walker.
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