US Work Permit Application - When to Apply | Sophie's Advice

Dear Sophie: Navigating U.S. Work Permits for E-3 Spouses

This is another installment of “Dear Sophie,” a dedicated advice column focused on addressing immigration questions specifically related to employment within the technology sector.

Sophie Alcorn, a seasoned Silicon Valley immigration attorney, emphasizes the importance of these inquiries. She states that these questions are instrumental in disseminating knowledge, empowering individuals globally to overcome geographical limitations and achieve their professional aspirations.

Whether you are involved in people operations, are a company founder, or are actively seeking employment in Silicon Valley, Sophie welcomes your questions for consideration in her upcoming column.

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Dear Sophie,

My spouse has recently been offered and accepted a position in Silicon Valley. Their employer will be initiating the process of sponsoring them for an E-3 visa.

I am keen to continue my professional career following our relocation to the United States. I understand that spouses of E-3 visa holders are eligible to apply for a work permit.

Could you please advise on the earliest possible timeframe for submitting my application for a U.S. work permit?

— Adaptive Aussie

Dear Adaptive,

Thank you for reaching out with your question, and congratulations to both you and your husband on your new employment opportunities! For a comprehensive understanding of work permits, also known as Employment Authorization Documents (EADs), I recommend listening to my podcast episode.

This episode details eligibility criteria, application timing, permissible activities, and the processing duration for EADs.

You are eligible to apply for a work permit after you have legally entered the United States in E-3 status, which is a professional work visa specifically for Australian citizens working in the U.S.

It is important to note that applying for a work permit is not possible while still at the consulate in Sydney during the E-3 visa application process.

To initiate the application, you must submit Form I-765 (Application for Employment Authorization) along with the necessary supporting documentation to U.S. Citizenship and Immigration Services (USCIS).

Upon approval of your application by USCIS, employment cannot commence until you physically receive the EAD card. This plastic card serves as official verification to potential employers of your authorization to work within the United States.

Understanding EAD Processing Times

Currently, the United States Citizenship and Immigration Services (USCIS) is experiencing significant backlogs. This results in an approximate processing time of 11 months for Employment Authorization Documents (EAD) applications.

Given the potential for delays caused by errors or incomplete information, seeking legal counsel is highly advisable. An immigration attorney can ensure accurate submission and explore alternative pathways for expedited work authorization.

Work Permit Duration and Renewals

Work permits are frequently issued in two-year periods, with extensions available contingent upon maintaining the qualifying immigration status. However, due to the USCIS backlog and the two-year validity of the E-3 visa, the received work permit may have a shorter validity – potentially around one year.

Renewal applications for EADs can be filed up to 180 days prior to the expiration of the current work permit. Careful monitoring of these dates is crucial, and an immigration attorney can provide assistance with this process.

Interim Work Authorization

The receipt notice for an I-765 renewal application can, in certain cases, serve as proof of continued work authorization for up to 180 days. This applies to individuals like those pursuing STEM OPT extensions.

However, this is not universally applicable. For example, spouses of E-3 visa holders are generally not permitted to work while awaiting EAD renewal. A leave of absence from employment may be necessary until the new EAD card is received.

It is essential to discuss these implications with your attorney. Exploring the possibility of obtaining an independent E-3 visa, if eligible, could also be a beneficial strategy.

Alternative Pathways

Generally, work authorizations aren't linked to a single employer. Exceptions exist, such as for students holding F-1 visas utilizing Optional Practical Training (OPT) or a STEM OPT extension. A work permit grants the freedom to work as a freelancer, a company employee, or even to establish and operate your own business.

Depending on your professional field, experience, and educational background, you might independently qualify for an E-3 visa. This visa allows employment without the necessity of obtaining a work permit, and its processing timeframe is typically shorter.

If both you and your spouse desire permanent residency and the ability to live and work in the U.S., several avenues are available. If originating from Australia or another eligible country for the Diversity Immigrant Visa program, you can enter the diversity green card lottery each October.

Considering the current demand for skilled, high-tech professionals in the U.S., your husband’s employer could potentially sponsor him for an employment-based green card. Alternatively, they might cover the associated legal and application costs should you be chosen in the diversity green card lottery.

Upon securing a green card, you become eligible for a work permit during the I-485 Adjustment of Status process. Furthermore, employment is permitted immediately following green card approval, though processing times vary based on the specific green card type.

An immigration lawyer can provide tailored advice based on your unique circumstances and objectives.

Wishing you all the best as you embark on this new life and career stage, and wishing you safe travels!

Sophie

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The information presented in “Dear Sophie” is for informational purposes only and should not be considered legal counsel. Please refer to our complete disclaimer for further details regarding the limitations of “Dear Sophie.” You can reach Sophie directly through Alcorn Immigration Law.

Sophie’s podcast, Immigration Law for Tech Startups, is accessible on all popular podcasting platforms. She is currently accepting applications for potential guests!