S. 3869Senate117th Congress (2021-2023)In Committee

A bill to add Ireland to the E-3 nonimmigrant visa program.

Introduced March 17, 2022

AI-Generated Summary

Updated February 8, 2026 at 10:06 AM UTC

The bill expands the existing E‑3 nonimmigrant visa program, which currently serves Australian citizens, to also include nationals of Ireland. It changes immigration law to make Irish citizens eligible for E‑3 visas, sets employer verification requirements, and establishes how many Irish visas can be issued each fiscal year. The changes affect Irish workers seeking U.S. employment, U.S. employers hiring them, and the State Department’s visa allocation process.

Key Provisions

  • Amends the immigration code to add “a national of Ireland” to the list of citizens eligible for E‑3 visas.
  • Requires any U.S. employer hiring an Irish E‑3 worker to be a participant in good standing in the E‑Verify program for the duration of the worker’s authorized employment.
  • Sets the annual visa cap for Irish nationals to the difference between the 10,500 Australian E‑3 visas and the number actually used by Australians in the prior fiscal year, applying only to principal applicants, not their spouses or children.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary. (text: CR S1255)

March 17, 2022

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SenateIntro Referral

Introduced in Senate

March 17, 2022

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary. (text: CR S1255)

March 17, 2022

Floor Debate

1 member

What members said about S. 3869 on the floor

1 Democrat
Richard J. Durbin
Sen. Richard J. DurbinD-IL · Mar 17, 2022

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Mar 17, 2022

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

Latest available legislative text

Reading Mode
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Introduced in SenateIssued March 17, 2022

II

117th CONGRESS

2d Session

S. 3869

IN THE SENATE OF THE UNITED STATES

March 17, 2022

Mr. Durbin (for himself and Mr. Toomey) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To add Ireland to the E–3 nonimmigrant visa program.

1.

E–3 visas for Irish nationals

(a)

In general

Section 101(a)(15)(E)(iii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E)(iii)) is amended by inserting or, on a basis of reciprocity as determined by the Secretary of State, a national of Ireland, after Australia.

(b)

Employer requirements

Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended—

(1)

by redesignating the second subsection (t) (as added by section 1(b)(2)(B) of Public Law 108–449 (118 Stat. 3470)) as subsection (u); and

(2)

by adding at the end of subsection (t)(1) (as added by section 402(b)(2) of Public Law 108–77 (117 Stat. 941)) the following:

(E)

In the case of an attestation filed with respect to a national of Ireland described in section 101(a)(15)(E)(iii), the employer is, and will remain during the period of authorized employment of such Irish national, a participant in good standing in the E-Verify program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note).

.

(c)

Application allocation

Paragraph (11) of section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(11)) is amended to read as follows:

(11)
(A)

The Secretary of State may approve initial applications submitted for aliens described in section 101(a)(15)(E)(iii) only as follows:

(i)

For applicants who are nationals of the Commonwealth of Australia, not more than 10,500 for a fiscal year.

(ii)

For applicants who are nationals of Ireland, not more than a number equal to the difference between 10,500 and the number of applications approved in the prior fiscal year for aliens who are nationals of the Commonwealth of Australia.

(B)

The approval of an application described under subparagraph (A)(ii) shall be deemed for numerical control purposes to have occurred on September 30 of the prior fiscal year.

(C)

The numerical limitation under subparagraph (A) shall only apply to principal aliens and not to the spouses or children of such aliens.

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