USCIS Expands Premium Processing Service to E-3 Filings

USCIS announced today, February 24, 2021, that the agency has extended Premium Processing service to the E-3 visa classification.

Beginning immediately, petitioners filing Form I-129, Petition for a Nonimmigrant Worker, requesting a change or extension of status to E-3 classification (reserved for nationals of Australia coming to the United States to perform services in a "specialty occupation.") will have the option to request Premium Processing service for their petition.

USCIS' Premium Processing service, which was previously unavailable for E-3 filings, allows petitioners to pay an additional filing fee of $2,500 to expedite the adjudication of the case to 15 calendar days, a significant improvement over the current adjudication time frame of 6 to 7.5 months.

Final DHS Rule Published: "240-Day Rule" Now Includes E-3, H-1B1, and CW-1 Nonimmigrants

Earlier this year the Department of Homeland Security (DHS) published a Final Rule which extends the 240-day employment authorization rule to H-1B1, E-3, and CMNI (CW-1) workers, adds a "comparable evidence" provision for outstanding professors and researchers, and clarifies and updates several point regarding work authorization and extension filing procedures for the above nonimmigrant visa classifications.  On February 16, 2016, the final rule became effective, thus permitting E-3, H-1B1, and CW-1 nonimmigrant workers to now benefit from the rule permitting a 240-day extension of employment authorization following a timely-filed request for extension of stay.

Employers should keep this new rule in mind when documenting continued employment authorization during I-9 re-verification and discuss with immigration counsel if they have any questions regarding what documents serve as acceptable proof of continued employment authorization following this regulatory change.

DHS Publishes Final Rule on Enhancing Opportunities for H-1B1, CW-1, and E-3 Nonimmigrants and EB-1 Immigrants

Today, February 15, 2016, DHS published its Final Rule on Enhancing Opportunities for H-1B1, CW-1, and E-3 Nonimmigrants and EB-1 Immigrants. The rule, which was  initially proposed by DHS in May 2014, extends the 240-day employment authorization rule to H-1B1s, E-3s, and CMNI workers, and adds a "comparable evidence" provision for outstanding professors and researchers, among other things. In doing so, these rules will provide much-needed relief to H-1B1, CW-1, and principal E-3 applicants by removing unnecessary obstacles these nonimmigrant workers face to continue working in the United States, and for EB-1 outstanding professors and researchers to seek admission as immigrants.  The final rule will be effective in mid-February, 30 days from publication.  

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