E-3 Employment for Spouses

The dependent spouse of an E-3 nonimmigrant may apply for work authorization. Public Law 107-124 added a new subsection to section 214(e)(6) of the INA which states that in the case of the spouse admitted under section 101(a)(15)(E) of the INA who is accompanying or following to join a principal alien admitted under this section, the Secretary of Homeland Security "shall authorize the alien spouse to engage in employment in the United States and provide the spouse with an 'employment authorized' endorsement or other appropriate work permit." As such, spouses of the principal E-3 aliens are eligible for work authorization. Specifically, in order to obtain an employment authorization document, the E-3 nonimmigrant dependent spouse must file Form I-765, Application for Employment Authorization, and provide evidence that he or she qualifies as an E-3 spouse and that the nonimmigrant principal is in E-3 principal status. The Form I-765 must be submitted to the Service Center with jurisdiction over the dependent spouse's place of residence. However, applications for employment authorization concurrently filed with Form I-129 for E-3 principal aliens can only be filed at the Vermont Service Center.

If you would like an immigration advisor in our office to assist you with this application, you can make an appointment to see Sharon Loughran by calling 215-204-7708. Make sure you have all materials listed below.

Conditions For Employment

The primary visa holder must have valid E-3 status, and you must hold valid E-3 spouse status, as shown on your I-94 Arrival/Departure Record card
If permission for employment is granted, an Employment Authorization Document (EAD) is issued and is valid for any kind of full-time or part-time employment for the period of time stated on the EAD. There is no legal limit to the amount of money that you may earn.
You may start working when you receive your Employment Authorization Document (EAD) from the US Citizenship and Immigration Service (USCIS) but not before the date listed on the EAD card.
E-3 spouse employment may be authorized for the duration of the E-3 principal alien’s authorized stay as indicated on Form I-94. The employment authorization is valid only if the primary E-3 is maintaining status.” DO NOT WORK PAST THE EXPIRATION DATE ON YOUR EAD CARD.

Completing the Application

Download Form I-765
You should completely fill in all of the required fields
Please check your information carefully; use your full legal name, as it appears on your immigration documents, when completing your application.
You must sign the Form I-765 in BLUE INK
In Section 16, write in the parenthesis (a) (17) ( ) to indicate that you are applying for work permission based on your E-3 status
Skip # 17 as this does not apply to you

Send the following items to USCIS:

Copy of your passport, I-94 card and E-3 visa stamp
Copy of your spouse’s passport, I-94 card and E-3 visa stamp
Copy of certified LCA issued to primary E-3 visa holder
Form I-765
2 EAD photos* with a white background taken no earlier than 30 days before submission to the USCIS.
Personal check, certified bank check or money order for current fee, made payable to US Department of Homeland Security in the amount of $380.00 (Make sure that you write your check correctly)
To confirm that your spouse is still in status you should include a letter from her employer (Human Resources if employed by Temple) and/or recent pay stubs.

Send the Complete Application To:

For U.S. Postal Service (USPS) Deliveries:

USCIS
PO Box 660867
Dallas, TX 75266

For Express mail and courier deliveries (UPS, Fedex, DHL, etc):

USCIS
Attn: AOS
2501 S. State Hwy, 121 Business
Suite 400
Lewisville, TX 75067

Authorization To Work

You may not begin employment until you receive approval from USCIS. Your authorization to work is valid until the expiration date on the Employment Authorization Document. You may not work past this date. If your employment document expires before you have made arrangements to extend it, you must stop working until you receive approval from USCIS that your extension has been granted.

Taxes

The earnings of E-3 spouses are subject to applicable federal, state and local taxes, and Social Security and employers are required by law to withhold those taxes from paychecks. By April 15, you must file an income tax return, form 1040 NR, with the Internal Revenue Services (IRS), covering the prior calendar year. The return determines whether you owe more taxes or have a refund coming. See IRS publication 519, "US Tax Guide for Aliens." Please contact your employer for further information.