The Partner Visa for US Working Visas (E3D, H4, J2, L2)

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If you browse around all the immigration forums, this is a topic that always comes up and is a critical issue for a lot of people who plan to relocate for work to the US. To note these partner visas all apply to dependent children (usually have to be under 21) but in this post I will focus on the spouse. Also the requirements are very similar for each so I wont talk about each separately for the most part.

The E3D Visa is the partner visa of the E3 working visa for Australians. (to note the E3D holder does not have to be an Australian citizen)

The H4 is the partner visa of the H1B working visa.

The J2 visa is the partner visa of the J1 visa.

The L2 visa is the partner visa of the L1 working visa.

Now all of these barring the H4 visa do allow the holder to work providing they file form I-765 to the USCIS after entering the country. Usually it takes 2-3 months to receive the EAD card (employment authorization document) upon which time the holder can work.

The J2 visa generally only gets granted to spouses of J1 visa holders whom are here on some form of Internship program and thus generally here for 1-2 years. It is very unlikely a J2 visa granted for a spouse of a J1 holder whom is here on a Work and Travel or Camp USA type program. I know for a fact that many organizations in the visa sponsoring field were actually unaware that a J2 visa holder could work so may have to affirm this in interviews.

The H4 visa is the unfortunate visa of this quartet that has no work priviliges and it doesn’t seem likely anytime soon that it might change..although you never know. Now I know many H4 holders that do work both for organizations that know that it is illegal as well as organizations that are unaware. However it is officially illegal to do so, thus be aware of the risks of your actions.

There is not much else to say about the partner visas other than they have to fill similar forms (but not all) of the forms prior to the US Consulate interview as the primary visa holder. You don’t have to attend the consulate at the same time and can just bring a photocopy of the primary visa holder’s passport and visa but unless circumstances don’t allow it, I always would wonder why couples don’t attend interviews together.

The final point to make is that the United States DOES NOT recognize either defacto/common law couples or same-sex couples whom maybe defacto or married elsewhere. So if your partner wants to come to the US attached to your visa, they must be married to you and usually an original marriage certificate from your area will suffice.

I hope those that come here as couples enjoy the shared experiences together and that you have no problems in getting here to begin with. Honestly if your relationship is honest, you shouldn’t have an issue at all.

Talk soon….

CJ

102 thoughts on “The Partner Visa for US Working Visas (E3D, H4, J2, L2)”

  2. Hi – I am an E3D visa holder and have just gotten to California. I am trying to fill out the I-765 form but cannot find a category to put in question 16 – do you know what category i would put here??
    THank you

  3. Hi Rachel,
    I am pretty sure you would file under category (a)17 but maybe double check with the USCIS at 1-800-375-5283.
    Good Luck,
    CJ

  4. Hi am an E-3D visa holder and am living in Dallas for about 2yrs now. I have been to a college recently for an admission,they say your visa status of E-3D is not allowed to domicile in the United States. You will have to pay out of country rates. Is it True. Please provide some info..

  5. Hi Bindu,
    Generally this is the case in many states and this is not limited just to the E-3 visa but any US visa including the F-1 visa for students. It is state law that applies for these cases not any Immigration statue and what they consider an in-state resident has to be to get reduced tuition rates.
    CJ

  6. Hi,

    Did anyone find out about the answer to question 16 on the I-765 for E-3D holders?

    Thanks

    Leon

  7. Hi Leon,
    Other people have marked E2 but in the details area explained that it was the E3D attached to an E3 visa. The form is certainly not perfect.
    Good Luck,
    CJ

  8. Hi

    I m going for E3D visa stamping for the first time.So may i know the document requirments nd also the interview questions.

  10. Hi CJ

    I was wondering if I can hold 2 concurrent status at the same time? I am currently on the J1 Work and travel visa and will be getting the E3D visa soon. I understand that it takes a few months to get the EAD card – would I be able to work under my J1 visa while awaiting for the EAD card under my new E3D visa?

  11. Hi there. My son will be marrying in November. His fiance has a current E3 visa. They are both Australian citizens. He will himself qualify for an E3 visa a few months after they marry. They wish to fly out immediately after the wedding in Australia back to the US. My question is: Can he apply for an E3D visa from Canada so he can travel straight away on a Visitors visa on the honeymoon back to the US? They cannot wait a couple of weeks to book airfares.
    Also, can he apply for his E3 visa from Canada once he has the formal offer of employment? Many thanks.

  12. Another question: If they have E3 visas do they put them in jeopardy by applying for the Green Card Lottery?

  13. Hi Steph,
    No you can’t hold 2 status at the same time. If you are on the E3D partner visa, then you can’t work under your J1 status. You will have to wait for the EAD approval.
    CJ

  14. Hi Christina,
    If your son initially comes to US on the E3D visa and then is able to find a job and sponsor, he can leave the US to Canada to apply for an E3 or E3D visa. Although he can’t apply for an E3D visa from Canada and while it is pending travel on the Visa Waiver Program or a Tourist visa to the US. He also can work on the E3D visa as well for any employer, he just has to apply for work authorization after he arrives in the US.
    CJ

  15. Hi again CJ. So I gather a E3D visa can only be granted from inside Australia in the first place. This means another trip back i guess after the honeymoon.
    Also, does the Green Card Lottery entry mean they won’t get E3 visas?
    Many thanks, Christina

  16. Hi Christina,
    No an E3D visa can be applied for outside Australia, just that he can’t travel into the US on the Visa Waiver program while a current visa application is pending. The Green Card Lottery has no bearing on the E3 visa or any other visa so they can freely apply.
    CJ

  17. Hi, I am on the E3d visa and applying for work autho. card….the I-765 form is confusing…Did anyone have a definite answer regarding the category to write for Q16 on the I765 form, when applying as an E3d?
    Thanks
    A

  18. Hi,
    I am eligible for an E3 Visa and desperately want to travel to USA with my girlfriend. Do we have to be married for her to be eligible for the E-3D? Or can we prove our relationship exists in another way?
    Thanks

  20. Hi AG,
    The form I-765 is not really updated so doesn’t reflect the E3-D visa. So just note it in there as that is what most people tend to do.
    Cj

  21. Hi Brendan,
    Yes the US does not recognize any other relationship other than man/woman marriage for immigrants.
    Cj

  22. Hi CJ,
    I currently have an EAD, but my husband is getting a new E3 with his new employer. Does my current EAD become obsolete when he changes employer? Will I have to get a new visa along with his and get a new EAD at the same time? Thank you so much for your help!!
    Janet

  23. Hi CJ thanks for taking the time to reply. Much appreciated. Yes, the form hasn’t been updated – but I found the answer to write for qs 16 is (a17) … for E3d visa holders…Also people should check the USCIS website for a new address as to where to send their form once completed…there is a link on the right side of web page which will give info of the new address….see below:

    (a)(17)

    Spouse of an E-1/E-2 Treaty Trader or Investor, or Spouse of an E-3 Certain Specialty Occupation Professional from Australia

    USCIS Phoenix or Dallas Lockbox, based on where you live (See address below).

    Beginning February 24, 2010 applicants must now submit Form I-765 to one of the USCIS Lockbox facilities or the USCIS Vermont Service Center, based on the classification under which they are filing. Detailed guidance can be found in updated Form I-765 instructions as well as at http://www.uscis.gov.

  24. Hi CJ,

    I have a question for a couple of friends. My friend received an E3 visa for work last week, she is expected to start work in the US on 9/20, her husband is accompanying her here on the visa waiver program to help her settle in. He is working with a different company to get his own E3 visa so he did not apply for an E3 dependent visa. Is there something they should be aware of at the POE? Could he possibly be denied entry because he could have gotten a dependent visa?

    Thanks heaps!

  25. Hi CJ!
    nice information. I have one additional question. I will be leaving for the US on a J1 visum (research fellow) shortly for a 2-year period and my husband will join me on a J2. He will apply for an EAD once we have arrived in the US, so he’ll be allowed to work. Does he have to stay in the US while waiting for the EAD to be processed? I know he can’t work in the US during this 90day period, but could he return to our home country and wait (and work) there or apply for temporary work in Canada, or should he stay in the US the whole time?

    Appreciate your help!

  26. hi, im a high school student currently living in the US. I am a holder of the australian E3 visa. i was going to ask if my status with the E3 visa would be looked upon as another international applicant or would i be considered differently, would it open ways for financial aid ?

  27. Hi there,
    Does anyone know if I can work as an actor in the US on the E3 Spouse Visa? And also, do you only apply for the I-765 once you want to apply for a particular job… or is it a general “you can work whenever, wherever” arrangement.

    Thank you! 🙂

  28. I am currently on E-3D visa with work authorization. I am interested in getting my independent E-3 visa and has my employer has received LCA. Please advice me the process for changing the visa status.

    Thank you very much.

    Regards,
    Alka

  29. Hi Janet,
    Yes your E3D visa is attached to his E3 visa and thus so is your status and working ability. So unfortunately you may have to go through the process again unless they have made the rules more logical recently.
    Cj

  31. Hi,
    Just as Penny has asked, can actors work under the E3 spouse visa. I’m currently getting an E3 for myself, but my wife and I are not certain whether she can definitely work in this profession.
    thanks

  32. After asking the infoline at USCIS the category number (Qn16) for E3D on 2 separate occasions my application has been returned (for the first time)… both operators suggested that I write ‘See attached’ in the space and attach a letter saying “I am the spouse of an E3 VISA holder” including my wife’s details… This didn’t seem to work.

    Can anyone confirm that the correct answer to Qn16 is (a)(17) as suggested by AG?

    I’m also interested in an answer to RICH and PENNY as I am a freelance musician… Will I need to register a business name if I am required to invoice a venue or an agent for a performance?

    Best of luck to everyone!!

  33. Hi Cj,
    My boyfriend is currently on the E3 visa living in the states. I am on the B2 visa with another 6 months left until it expires, I am also living here with him. We are looking at getting married here in the states. From what i have read it seems to be legal and valid without having to return to Australia to get married. How do we apply for the E3D visa? Is it done through his work as they hold the E3 visa? Or is it done through USCIS? Can we do all of this without leaving the states?
    Thanks
    Michelle

  34. Hi Tim, Penny, Rich

    Tim, I definitely wrote a17 for qs 16 and it worked out fine. (Good Luck) Also the following might pertain to Penny and Rich in terms of performing in the states. I recently shot a small part in a Japanese film set here in NY and they were cool about my documents, I brought work autho along, and visa/passport etc and there were no questions asked. And finally a bit for Michelle re:getting married & the E3 visa. Getting married here is simple enough, once you get the marriage license and book a celebrant etc…but I am certain you cannot get an E3 visa from inside the states. The advise it’s best to return to Australia. My wife and I (she’s the E3, I’m the E3d) are up for renewal in Feb, but we are going to renew (hopefully) in either canada or europe (London)…You can certainly start the paperwork and book Consulate interviews etc but you have to attain the visa outside of the US. Oh, and I read in a post above someone asking about Greencard lottery…I was under the impression that applying for the Greencard is NOT an option for the E3 or E3d visa. Better check it out before applying.

  35. I am going through the process of college applications for my high school aged son. My husband holds and E3, we are all Australians with E3D visas. Can my son go to college here on that visa? Is there a different application process? Can we still apply for financial aid?

  36. Hi CJ/ everyone,

    Was hoping someone could confirm whether there is any requirement for the E3 holder to be out of the country whilst the E3D applies for their visa. Basically I’m planning on getting the E3 for myself, travelling to US and starting work. Unfortunately the wife can’t come at the same time, not even attend the interview due to her work commitments. Is it ok for her to attend the interview/ apply for the visa whilst I am in the states working ?

    thanks.

  37. Hi CJ,

    Thanks for all the information.

    My girlfriend and I both currently hold E3 visas, but we’re getting married. My girlfriend’s Visa expires in December this year – is there a 3 month period from application for the EAD where her E3 is not valid?

    Many thanks for any help you can provide.

    Cheers
    Michael

  38. Thanks for the info. I’m currently on an e-3 visa and my company is preparing for work stoppage in which I’ll be placed in a different role. Is this allowable as the role is not the specialty occupation I was hired for?

    Any advice appreciated – I don’t really want to get caught-up in working 6-days/week 12hrs a day.

    Thanks,
    AC

  39. Clear, helpful advice, but I feel compelled to comment on your closing statement: “Honestly if your relationship is honest, you shouldn’t have an issue at all.”

    Unless it was meant tongue in cheek, this is really offensive to non-married couples, particularly those in same-sex relationships who are only not married because the laws in their own country prevent them from doing so!

  40. Katie I am sorry if you misread the last paragraph but that has nothing to do with same-sex couples. It relates to the fact that the US Immigration system and consulates in particular can and have been known to reject hetero sexual married couples b/c they believe the only reason the marriage took place was to allow one of the parties to come to the US and not because it was a genuine marriage.

    The sad reality is that same-sex couple recognition at the Federal level and thus for it to be incorporated into US Immigration law is probably at least a generation away. There are about 5 states that recognize same-sex marriage currently but that number would have to rise to about 30 before I think it would ever be seriously looked at from a Federal perspective. An individual state allowance of same-sex marriage has zero bearing on the Immigration system and even if you are a US citizen same sex married couple, your relationship is not recognized at the Federal level and thus as it stands you can’t for example file taxes together as a married couple like a male-female married couple can.

    So what I would say to back to you is while it is great to voice your opinion, read things carefully and how statements are separated before you assume the intention of a given comment. Especially given the last paragraph in any article is usually some sort of summary to the article as a whole and the main topic therein.

    Good luck in your journey.
    Cj

  42. Hi CJ,
    I hold an E3D. I haven’t travelled to the US yet to join my husband who is on E3. The company that I work for is going to initiate an L1A to be able to work for them in their US office.
    My question is, if my L1A petition is rejected will E3D still hold good/valid for me to be able to join my husband. Will the consulate reject E3D visa as well.

    Regards,
    Shalini

  43. Hi CJ,
    I’m not sure if anyone has come across this problem, but my wife, who is applying for the E3D visa, is having some trouble filling out the online DS-160 form. She’s Japanese and for some reason there isn’t the option to select the E3D from the drop down list. We noticed that if she changes her nationality to Australian, the option becomes available. My understanding is that spouses to E3 visa applicants don’t have to be Australian citizens. Can you advise us on how to proceed in any way?

    I’m also unclear how or when we schedule the same appointment with the consulate through Visa Point. We currently don’t live together and I’m wondering if this is also an issue that will complicate things. We’re contemplating lodging my application first and asking these questions during my interview. That or calling the expensive live consultant hotline with the embassy in Canberra. Any tips would be greatly appreciated.

    Many thanks,
    Vincent

  45. hi CJ, I have the same problem as vincent (posted on Oct 30). I have an Indian passport ;when I fill in the details on DS-160 I cannot see any options for E3 D. So I have selected spouse of E2. When I booked an appointment at Visa point service website. I have selected E3 visa class as there is no E3D option. I am really confused. My Husband as got E3 visa in October and I am planning to join my Husband overseas asap.Do I need to carry my Husband’s LCA and his passport orginial or photocopy.Please provide me information so I can prepare my application accordingly. I am confused about selecting visa types on the online application.-VJ

  46. Hi

    Can you please advise if my spouse on an E3-D visa can continue to work for an overseas company if we are living in the US? His company in the UK have agreed that they are happy for him to continue to work remotely as he works from home.

    Are there any issues with him continuing to do this? He would still apply for the EEA as his company have said they will transfer him once this is through.

    Thanks
    CS

  47. Hi CJ,
    Thanks for a wonderful site, it really helps make my life easier!!

    Just one question, as Michelle above have asked –

    My spouse is Spanish, and he may be looking to obtain a student visa first and we will head over to the States together whilst I hopefully will have something set up workwise and obtain the E3 visa (which after reading many posts, I don’t think it’ll be as difficult as getting a visa and job in Spain, which I tortuously have managed to do!), and of course I’m Australian.

    Should he finish the course, and say I’m happily toddling along with my E3, can he apply for the dependent spouse visa in the USA, or will he have to apply for it in Spain? Will we need to translate our Marriage Certificate (which is in Spanish) into English, and any Hague Apostille required?

    Many thanks for your wonderful help, I greatly appreciate the insight!!!

    Cheers!!!
    GC

  48. Thanks to CJ and all the contributing posters on this blog I have finally had a job offer from a US employer and know enough about the E3 to get it all sorted out on an impending trip to Australia. I have 2 quick questions:

    – The US Embassy (Australia) website states that “to qualify as a spouse you will need a marriage certificate from the Department of Births, Deaths and Marriages” – i.e. an Australian marriage certificate. If my spouse and I were married in New York and have a marriage certificate to prove this, would it be acceptable? We are planning to get married a couple of weeks before the consular interview. Would this be viewed with suspicion? Of course we could prove our relationship’s legitimacy with tenancy agreements etc.

    – How much further scrutiny may we receive if one or both of us have in the past overstayed our US Visa Waivers (by less than 90 days)?

    Any personal experiences anyone has with either of the above would be deeply appreciated…

  49. Hi,
    Im a B2 visa holder from Australia who has just married a E3 visa holder. We live in the USA and i have been advised i can apply for a E3D visa now we are married- is this correct? Do i need to leave the country to do so and do you know what documents i need to process the new visa?

    Any help how to go about this would be great. Thanks!

  50. Hi all

    Great site. I am currently on an E3D visa waiting on my EAD. I have been offered unpaid acting work does anyone know if I can take unpaid and volunteer work while waiting for EAD?

    Thank you in advance.

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