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Maintaining E-3 Visa Status

Overview

It is your responsibility to understand and comply with the terms of your visa during your stay in the United States (U.S.). A violation of the immigration regulations could have serious consequences.

Address change

You must notify the United States Citizenship and Immigration Services (USCIS) of all home address changes using Form AR-11. Additional information about Form AR-11 is available on the H-1B section of our website.

Employment

Your Mass General Brigham-sponsored E-3 does not allow you to work for any other employer, including other hospitals within the Mass General Brigham network. You can only receive payment from the hospital that is sponsoring your E-3 application, and the payment must align with the terms outlined in your E-3. In most cases, the Office for Global Professionals and Scholars (GPS) must file a new labor condition application before you are authorized to accept a new position. See the "Transfer" section below for more information about changing your employer. 

Departing the U.S.

The E-3 is an employment-based visa and your lawful status in the U.S. ends at the same time as your paid employment.

Pay your taxes

You are required to file a yearly tax return with the Internal Revenue Service (IRS). See more information on our website about taxes.

Travel abroad  

An E-3 visa is a multiple-entry visa. As long as you have not changed employers or extended your status, you may travel outside the U.S. and re-enter on a valid, unexpired E-3 visa. If you have applied to change your status to E-3 in the U.S. or have filed for an extension of your E-3 status in the U.S., upon your next international travel, you will need to obtain a new E-3 visa from a U.S. embassy or consulate before re-entry.

The following documents are required for re-entry when traveling outside the U.S.

E-3 visa holders:  

  • Valid E-3 visa stamp in the passport   

  • Valid passport  

  • Employment verification letter

  • Copy of Form I-797 (E-3 Approval Notice), if applicable  

E-3 dependent visa holders:   

  • Valid E-3 visa stamp in the passport  

  • Valid passport  

  • Marriage or birth certificate  

  • Copy of Form I-797 (E-3 Approval Notice), if applicable   

Travel within the U.S.

If you travel within the U.S., you may be required to show your passport and I-94 record when boarding a flight or when you are near the U.S. land border. Keep photocopies of your passport and I-94 in a separate location from the original documents. Photocopies are not substitutes for the original documents, but they are easier to replace when lost or stolen.

E-3 visa extensions

E-3 workers can be initially admitted for a period of up to two years, with the possibility of indefinite extensions granted in increments of up to two years. There is no limit on the total length of stay for an E-3; however, it is not designed to grant permanent residency. When applying for it, you must prove that you intend to leave the U.S. upon the termination of E-3 status.  

The visa can be renewed indefinitely as long as:  

  • You maintain E-3 employment 

  • Your employer maintains a valid Labor Condition Application (LCA) 

  • You do not demonstrate immigrant intent

How to extend E-3 visa status

You have two options to extend your stay: 

  1. You may obtain a new E-3 visa at a U.S. Embassy/Consulate using updated documentation of the same type submitted for the original application. If you are applying for an extension of your visa from abroad, it is advisable to leave the U.S. with all your E-3D dependent family members. They must also obtain new E-3D visas in their passports.

  2. The GPS office can submit form I-129 with USCIS on your behalf. This option allows you to stay in the U.S. without departing, but your employer needs to initiate the process early and cover the filing fees. For more details, please request your Mass General Brigham department to contact our office. It's important to note that all visas processed by our office are employer-dependent, and your hospital department must serve as the liaison with our office.

Transfers

You should not stop working at your current job unless your new employer's international office or immigration attorney says it is okay to do so. The transfer can take effect either by obtaining a new visa at a U.S. embassy/consulate, or by your new employer requesting a transfer on your behalf with the USCIS. The new employer's international office or immigration attorney should provide additional transfer instructions.

Your family dependents

Unmarried children under 21 years of age and spouses of E-3 employees are eligible for E-3D status. Children of E-3 workers may not be employed in the United States. Spouses in valid E-3S status are considered employment authorized incident to status. An Employment Authorization Document (EAD) card is no longer required if the spouse has an I-94 indicating their current status is E-3S.    

If an E-3 employer files a Form I-129 to extend your stay and your spouse and/or children also want to extend their stay, they need to file a Form I-539, which is the “Application to Extend/Change Nonimmigrant Status.” Please see the dependent checklist for further information.