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Can I Change Employers on an E-3 Visa?

Updated 2026-10-212 min readNot legal advice inWX
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Yes. Your new employer files a new labor condition application, then either USCIS approves a Form I-129 for you in the US or you get a new E-3 visa at a consulate abroad. Unlike the H-1B, the E-3 has no portability.

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Route 1: USCIS approval inside the US

The new employer gets a certified LCA, then files Form I-129 with USCIS. USCIS says the petition must be approved before you can work for the new employer.

Premium processing costs $2,965 and gets a decision within 15 business days. Many employers use it to keep the gap short.

You can keep working for your current employer while the petition is pending.

Route 2: A new visa at a consulate

You can also leave the US, apply for a new E-3 visa with the new LCA, and come back to start the new job. There is no USCIS filing fee on this route.

The catch is timing. Since October 1, 2025, most applicants need an in-person interview, and the State Department asks you to apply in your country of nationality or residence. For most people that is Australia, so check appointment waits before you resign.

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When to give notice

Do not quit until you know when you can legally start. On the USCIS route, that means the approval notice. On the consular route, it means a booked interview and a realistic return date.

If you leave your old job first, you may have up to 60 days of grace to get the new approval. That window ends early if your I-94 ends first, and you cannot work during it.

If you were laid off

The 60-day grace period covers E-3 workers. You can use it to find a new employer, change status, or prepare to leave.

On September 11, 2026, DHS proposed removing the grace period. As of October 21, 2026 it is not final. Read the 60-day grace period guide for current details.

Promotions, raises and new locations

A raise alone usually needs nothing new. A promotion into a different occupation, or a move to a worksite outside the area covered by your LCA, usually needs a new LCA and may need a new approval.

Many people fold the change into their two-year renewal. Ask your employer's attorney before the change takes effect, not after.

Working for two employers

You can work for a second employer only if that employer also files its own LCA and gets its own E-3 approval for you. Freelance or side work is not covered.

Travel after a change

Your E-3 visa stamp names your employer. After a USCIS approval with a new employer, you generally need a new E-3 visa before you travel and come back. Plan trips around consular wait times, as explained in our stamping and travel guide.

  • Get the new employer's certified LCA.
  • Choose USCIS (I-129, with premium processing if needed) or a consulate.
  • Wait for approval or the new visa before you start.
  • Keep pay stubs and your I-94 to show you stayed in status.
  • Book a visa appointment before any later trip.

This is general information as of October 21, 2026, not legal advice. Rules and fees change, so confirm your situation with an immigration attorney.

Questions

Can I start my new E-3 job when the petition is filed?

No. USCIS says the I-129 must be approved before you work for the new employer. E-3 workers do not get H-1B style portability.

Do I need a new E-3 after a promotion?

Not always. A new LCA, and possibly a new approval, is usually needed if the job becomes a different occupation or moves outside the area on your LCA.

Is there a grace period if I quit or lose my E-3 job?

Up to 60 days, or until your I-94 ends if sooner. DHS proposed ending it on September 11, 2026, but that is not final as of October 21, 2026.

How long does an E-3 employer change take?

With premium processing, USCIS acts within 15 business days of filing, after the LCA is certified. A consular change depends mainly on interview wait times.

Can I visit the US after leaving my E-3 job?

Possibly, as a visitor, but you cannot work. Officers will want to see that you plan to leave, so carry proof of your ties abroad.

Sources

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