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How do I go about updating the EIN and Company Details on my current E3

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  • How do I go about updating the EIN and Company Details on my current E3

    I came to the US on an E3 in January this year. We've just learned that there will be a change in ownership structure for the company I work for. There's a buy/sell agreement, whereby the current owner will shift their share from 75% to 25% and some smaller shareholders will be bought out. The new main shareholder wants to change the business name slightly, which will change the EIN respectively. We just don't know exactly when, but it will be in the next month or so.

    My job will not change, nor will my job title, and my position is still desired and secure. The only changes are to the ownership share and the company's official trading name being slightly altered, the new EIN.

    I've called the immigration department and they were unable to advise me how to go about updating all of this information in my current Visa. Do I need to have my company update their LCA, or apply for a new one, and which forms do I look for in order to get this started? I'm trying to stay ahead of things so it's not left to the last minute and risk my being here illegally. Is there also a form that I can submit to USCIS to simply update the information on my current visa, or do I need to start all over again and leave the US?

    We did use an immigration laywer to help in obtaining my original E3 but he was very slow, not very knowledgeable, and it was extremely hard for us to get him to contact us back and keep us informed along the way. He's been called again 3 times, but doesn't seem to know what the process is and says he needs to research. Given he's an immigration lawyer, we felt he should be more on top of the processes and he's not filling us with confidence. He shouldn't be in practice and we can't keep waiting for his counsel.

    I am currently in a relationship with a US citizen - I've known him for 18 years but we weren't in a romantic relationship until more recently. Should we need to substantiate a marriage with evidence of a relationship, we should be able to. An adjustment of status takes 7-10 months to process (as we understand it) so in that case, if we were wanting to be married and use that as a safety net to avoid my having to go back to Australia to renew my E-3 (which is never guaranteed to be approved, especially in this governmental state) would it be inadvisable? We would do everything correctly with the proper Adjustment of Status process of course - once we find out how to go about it - if and when we need to. While we do have the intention of being married eventually, it's not our first desire in terms of keeping my legal status in the US. Marrying for the purpose of keeping me here is something we'd prefer as a last resort so as to follow the process honestly and legally with no questionable blips on the radar.

  • #2
    Updating this thread for the benefit of anyone else who happens to end up in a situation similar to mine!

    It's been determined that since there is no material change to my position (ie. Job duties, job title and job location) then all that is required is some sort of formal statement in writing that says the new entity assumes all responsibility of the old entity in regards to my LCA and terms of my employment.

    This needs to be added to the public access file with the rest of the documents pertaining to my position and made available if a site visit by the DOL or USCIS is conducted.

    Best that you have an attorney help the company write the statement - we will be here.

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