In a Press Release dated January 6, 2006, USCIS published long-awaited guidance on E-3 extension of status (EOS) and change of status (COS) petitions for Australian citizens.  The guidance states, among other things, that processing of all E-3 petitions will be centralized at the Vermont Service Center (VSC).  No matter where the Australian national will reside or work, the E-3 COS or EOS petition must be filed at the VSC.

Established by the REAL ID Act of 2005, the E-3 visa is similar to the H-1B1 Free Trade Agreement visa established in 2004 for citizens of Chile and Singapore.  The E-3 category makes available 10,500 new employment visas for Australian nationals working in a professional occupation, and who possess at least a U.S. Bachelor's degree or its foreign equivalent.  However, unlike the H-1B1 Free Trade visa for citizens of Singapore and Chile, the 10,500 E-3 visas are not deducted from the annual H-1B visa cap of 65,000.  Further, spouses of E-3 workers are eligible for independent employment authorization.

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