E-3 status does not include the notion of dual intent – admission of a nonimmigrant who intends at the same time to become a permanent resident thereafter.
This is a significant difference from the opportunity offered to H-1b, L, and O employment-based non-immigrant category beneficiaries and remains the E-3’s main handicap.
Individuals looking to admitted with the E-3 status need to abandon the presumption that they are entering as future immigrants.
To accomplish this, the persons usually declares that he or she will leave the U.S. when his or her authorized nonimmigrant stay expires.
Nevertheless, proof of residence in a foreign country is not required for the demonstration of nonimmigrant intent. In addition, the State Department and USCIS have made it clear that approval of an E-3 person’s immigrant petition may not be deemed the sole reason for U.S. admission denial or a request for the E-3 status to be changed or extended. Nevertheless, in such cases, the employee should opt for a nonimmigrant status that has the option of dual intent.