E-3 Australian Treaty Workers

• E-3 Overview

  The E-3 classification applies only to nationals of Australia. Applicants must be coming to the United States solely to perform services in a specialty occupation. The specialty occupation requires theoretical and practical application of a body of highly specialized knowledge  and the attainment of a bachelor’s or higher degree, or its equivalent, as a minimum for entry into the occupation in the United States.

  In an effort to ensure the most appropriate and efficient immigration document processing of our International Faculty and Scholars in the E-3 category, these requests will be referred for processing by the SUNY-approved immigration counsel firm.

  This allows us to take advantage of experienced immigration counsel and give departments high-level service in dealing with the intricacies of these petitions.  

  Departments wishing to support or extend a foreign national employee under the E-3 categories should submit the "Immigration Counsel Referral" request in accessVIS. These requests require Dean  (or equivalent) approval, as well as screening against federal export control lists.

  • Initial period of stay: 2 years
  • Extension of stay: Up to 2 years per extension; no maximum number of extensions, with some exceptions
• Initiating a Request

  Initiating an E-3 Request

  Step 1: Confirm the prospective employee has an Employee ID

  Confirm the prospective employee has an Empl ID (Stony Brook ID#) in PeopleSoft.  If creating the ID, allow 24-hours for the profile to be updated in accessVIS before initiating the request.

  Step 2: Check that all information in PeopleSoft is correct

  Check that the employee’s date of birth, email, and citizenship (must indicate “Alien Temporary”) are correct in PeopleSoft - incorrect information will affect the employee’s ability to login.

  Step 3: Prepare the required documents

  In order to submit the Immigration Counsel Referral Request successfully, you will need scanned copies of the following documents:

  • Letter of Offer/Employment Contract.
  • Description of proposed duties (i.e. personnel requisition).

  Documents uploaded in accessVIS must be in PDF format. Files exceeding 100MB must be compressed before uploading to avoid an error message.

  Step 4: Initiate the 'Immigration Counsel Referral' request

  Submit the 'Immigration Counsel Referral' request form in accessVIS so we can begin the process of collecting the initial information required for the referral. 

  Upon submission of this form, an email will be sent to the Dean (or equivalent) of your unit to certify their acknowledgment of the College/Division's willingness to comply with the conditions noted in the Labor Condition Application.

  Step 5: The employee will submit their information

  Upon submission of the 'Immigration Counsel Referral'  in accessVIS, the employee will receive an email prompting them to submit their portion of the request in accessVIS.

  Step 6: Screening against Deemed Export Controls

  VIS will initiate communication to the Office of Research Compliance requesting the prospective employee be screened against Deemed Export Controls. Such screening is necessary to ensure that neither the applicant nor the home institution/employer has been designated as a denied or restricted party under U.S. law, and that the visitor’s proposed agenda complies with additional relevant federal laws.

  Step 7: Provide Actual Wage List information

  An Actual Wage analysis is required to ensure the appropriate wage is paid to any continuing or prospective E-3 employees. Actual Wage rates are determined by comparing the salaries paid to individuals in the same title, with similar credentials, experience, and responsibilities. Salaries are typically based upon many variables, including degrees, publications, years of experience, professional recognition, etc.

  The U.S. Department of Labor requires that we use a consistent method to determine salaries. Under terms set out by the U.S. Department of Labor for E-3 workers, the employer is required to show that the worker will be paid at least the higher of either:

  1. The Prevailing Wage for the occupation in the area of employment; OR
  2. The Actual Wage rate for the occupation at the place of employment

  For departments petitioning for E-3 employees in faculty positions, click here to complete the Actual Wage Statement fillable PDF. The completed form must be uploaded to the Actual Wage Survey eform accessVIS, even if there are no similarly employed individuals in your department.

  Departments petitioning for E-3 employees in "non-faculty" positions are also required to submit the Actual Wage eform in accessVIS to acknowledge the department's responsibility to pay at least the prevailing wage.  Upon submission, VIS will work with HR Classification and Compensation to obtain the necessary information.

  The actual wage analysis process can take between 2-3 weeks.

  Step 8: VIS will conduct a preliminary review

  Upon submission of all required forms the department will be notified and the request will be assigned to an International Scholar and Faculty Advisor for review.

  Please allow 5-7 business days for review. Should the advisor have any questions, they will contact you directly.

  Once the application is completed and referred, the employee will receive communication directly from the SUNY Immigration Counsel firm. 

   

• Legal and Filing Fees

  E-3 Legal and Filing Fees

  U.S. Department of Labor regulations require that employers pay all expenses required for E-3 applications. The fees cannot be recouped from employees.

  ---

  Legal Fees

  E-3 petitions are referred for processing by the SUNY-approved immigration counsel firm. The immigration counsel firm charges $1,650 for the preparation of the E-3 petition. Departments are responsible for these legal  fees.

  ---

  Filing Fees

  The SUNY-approved immigration counsel firm (Harris Beach) will front the payment of any applicable fees and issue an invoice to departments to pay within 30 days from the date of notice. 

  • $460: I-129 filing with USCIS (for those who do not want to travel)
  • $2,805: Premium Processing is an expedited service that is available for H-1B, E-3, and TN petitions. USCIS guarantees that within 15 days they will issue either a final adjudication decision or a Request for Evidence (RFE). If USCIS fails to process the petition within 15 days, it will refund the fee. Premium Processing may be requested simultaneously with the USCIS petition or at a later date, if necessary.

  In the event a request for evidence (RFE) is issued or additional services are required, departments will first be notified of any additional legal fees.