Form I-9 for E-3 and H-1B1 workers: Australian, Chilean and Singaporean professionals, extensions and job changes

E-3 workers, who are Australian professionals, and H-1B1 workers, who are professionals from Chile and Singapore, complete Form I-9 the way H-1B workers do: box 4 in Section 1 with the end date on their Form I-94, and in Section 2 usually an unexpired foreign passport with the I-94 as one List A document. As of November 2026 the differences that matter are these: both get the 240-day extension when your company timely files to extend their stay; neither has the H-1B rule that lets a worker start with a new employer on filing, and USCIS says a new E-3 employer's petition must be approved first; H-1B1 admissions run one year at a time, so reverification comes around yearly; and an E-3 spouse may work without an EAD, while an H-1B1 worker's H-4 spouse may not.

The full H-1B treatment, including AC-21 transfers and cap-gap, is in Form I-9 for H-1B workers; TN, the other free trade category, is in Form I-9 for TN workers; and the reverification mechanics are in I-9 reverification.

How do E-3 and H-1B1 compare on Form I-9?

How do you complete Form I-9 for a new E-3 or H-1B1 hire?

1. Check the start date. Under 8 CFR 214.1(l)(1), an E-3 worker may be admitted up to 10 days before the validity period and 10 days after it, but "may not work except during the validity period." Set the first day of employment inside the period on the I-94 for either category.
2. Section 1. The worker checks "An alien authorized to work" and enters the I-94 end date as the date their authorization expires, plus an A-Number or USCIS number, the I-94 admission number, or a foreign passport number with the country of issuance.
3. Section 2. M-274 Section 7.9.1 says that for E nonimmigrants, "the employee's Form I-94 and unexpired foreign passport together are an acceptable List A document," and M-274 13.1 lists the same combination, a foreign passport with a Form I-94 containing an endorsement to work, for nonimmigrants generally. Record the passport as the first List A document and the I-94, with its end date, as the second.
4. Let the worker choose. M-274 13.3 lists an I-94 issued to a work-authorized nonimmigrant as a List C #7 document, so a List B document plus the I-94 also works. The Form I-9 instructions say the employer "cannot specify which documentation an employee may present."
5. E-Verify. If you use it, create the case by the third business day after the start, as for any new hire.
6. Diary reverification for the I-94 end date. For H-1B1 workers that will usually be within a year.

How does the 240-day extension work for E-3 and H-1B1?

M-274 Section 7.7 names both H-1B1 and E-3 among the categories whose workers "are authorized to continue working for up to 240 days while USCIS processes the petition, or until USCIS makes a decision on your petition, whichever comes first," once the employer timely files Form I-129 to extend the stay. 8 CFR 274a.12(b)(20) covers both regulatory classes, (b)(9) and (b)(25), and limits it to employment "with the same employer." On the form:

1. File the I-129 extension, with a certified LCA, before the current stay ends.
2. Keep a copy of the I-129, proof of the fee and proof of mailing with the Form I-9, then the Form I-797C receipt notice once it arrives.
3. When the current authorization expires, write "240-day Ext." and the I-129 filing date in the Section 2 Additional Information field.
4. On approval, record the new I-94 that comes with the Form I-797 on Supplement B and give the worker the I-94.
5. If 240 days pass or the petition is denied first, reverify by then with any List A or List C document the worker chooses.

Because neither category needs a USCIS petition for a visa abroad, some workers extend instead by renewing the visa at a consulate with a new LCA and being readmitted with a new I-94. That route has no 240-day period: if the new I-94 is not in hand by the old end date, the worker needs other documents by then. Record a new I-94 on Supplement B either way.

Can an E-3 or H-1B1 worker start with you as soon as you file?

Not on the rules USCIS publishes. USCIS's E-3 page says a new employer must obtain a certified Labor Condition Application and properly file Form I-129, and "the Form I-129 petition must be approved before you are authorized to work for the new employer." For H-1B1, the filing-based start that M-274 Section 7.5 describes, with "AC-21" written in Additional Information, is written for H-1B employees, and 8 CFR 274a.12(b)(9) ties automatic continuation on filing to "a nonimmigrant with H-1B status." USCIS does not describe an equivalent for H-1B1, so plan the start date around approval or a new admission unless counsel advises otherwise.

Between jobs, 8 CFR 214.1(l)(2) gives E-3 and H-1B1 workers up to 60 consecutive days in status after employment ends, once per validity period, but they "may not work during such a period" unless another rule authorizes it. Build approval time into offer letters, and keep the posting's sponsorship wording consistent with what you will actually file; see visa sponsorship language in job postings.

What do E-3 spouses show, and can H-1B1 spouses work?

• E-3S I-94, issued on or after January 30, 2022: the spouse checks "An alien authorized to work," enters the I-94 end date, and presents the I-94 as a List C #7 document plus a List B identity document (M-274 7.9.1).
• I-94 issued before January 30, 2022 showing E-3, E-3D or E-3R: the I-94 together with the Form I-797A notice USCIS sent in 2022 is the List C #7 document. Under List C enter "Form I-94," the admission number and the I-94 end date, and in Additional Information enter "Form I-797A" and its receipt number.
• An EAD: optional for E-3 spouses. Most expired EADs no longer carry an automatic extension; see EAD automatic extensions.
• Children of E-3 workers may not be employed, according to USCIS's E-3 page.
• H-1B1 spouses hold H-4 status (9 FAM 402.10-14(A)). H-4 is not among the classes authorized to work incident to status in 8 CFR 274a.12(b), and the only H-4 EAD category, 274a.12(c)(26), is for spouses of H-1B workers described in 8 CFR 214.2(h)(9)(iv).

The L-1 version of the spouse rules, which works the same way with L-2S, is in Form I-9 for L-1 workers.

What should recruiters avoid?

• Deciding eligibility in the screen. Before an offer, ask the two standard work authorization questions and leave category questions to counsel once a candidate says they need sponsorship; see work authorization questions in interviews.
• Borrowing H-1B timing. An E-3 or H-1B1 transfer is not an AC-21 transfer, so a "start Monday after we file" promise can put the worker in unauthorized employment.
• Rejecting soon-to-expire documents. A one-year H-1B1 I-94 is normal; the Form I-9 instructions say employers should not reject acceptable documentation because of a future expiration date.
• Asking for the LCA or I-797 in Section 2. They are filings, not Form I-9 documents.

An E-3 and H-1B1 Form I-9 checklist

• Start date inside the I-94 validity period.
• Section 1 date: the I-94 end date.
• Passport plus I-94, a List B document plus the I-94, or any other valid choice.
• Reverification dates calendared, yearly for most H-1B1 workers.
• "240-day Ext." and the I-129 date on the day the old authorization ends, only for extensions filed with USCIS.
• New-employer hires: start only after approval or a new admission for your company.
• E-3S spouses: I-94 plus List B, or the pre-2022 I-94 with Form I-797A; H-4 spouses need another basis to work.