What is the E3 Visa?

If you go to many other US Visa sites or forums and people talk about the E3 visa, this question is the only question that really seems to get answered. Many people I see get frustrated because they ask questions related to the many other visa posts I have in this blog but all people give them are the visa facts.

Well for the first time, I am going to go through the basic facts of the E3 Visa using the embassy FAQ site as a basis for my post.

  • The E3 Visa is a visa exclusively for Australian citizens allowing them to work in the US
  • Spouses and Dependent Children (usually under 21) do NOT need to be Australian citizens but the relationship must be a proven marriage between a male and female (the US does not recognize same-sex or common law relationships) They fall under the E3D Visa
  • You need to have a job offer from a US company prior to applying at the Consulate
  • You can NOT apply for a new E3 Visa from within the US
  • You can transfer from certain visas to the E3 Visa within the US but NOT from Tourist Status
  • There is nothing specifically stopping you going to the US to search for a job as a tourist, however you must leave the country to then apply for your visa
  • You can apply for your E3 visa from most Consulates and Embassies around the world but is always good to check with that particular Embassy first.
  • Within Australia you can apply from the Consulates in Melbourne, Perth or Sydney
  • E3 Visa is for applicants seeking employment in a specialty occupation.
  • A specialty occupation is one defined as required a specialized body of knowledge and the position itself requires a bachelor (or higher degree) degree equivalent at a minimum
  • If you have sufficient work experience in lieu of a bachelors degree and can prove it to the US consulate in the field of the job offer you possess then, that will be considered as well
  • Generally as Trade positions do not require bachelors degrees they are not considered suitable for this visa
  • The only petition required of the employer is to submit Form 9035/9035E to the Department of Labor to receive a Labor Condition Application (LCA) – at the time of writing this is still a free submission
  • The visa is valid for 2 years, and able to be renewed indefinitely for periods of 2 years as long as the job position is still valid and not considered permanent
  • There are 10,500 E3 Visas issued each year (this quota does not include extensions or spouses) and this quota has yet to be reached in any fiscal year (October – September)
  • E3 Visa holders must show they intend to return home when their visa expires
  • Spouses may work under the E3D visa and have to file Form I765 AFTER they enter the US to the USCIS (this can take up to 3 months to be approved)
  • You can enter the US 10 Days before and leave 10 Days after you start your job
  • The E3 visa is a multiple entry visa so as long as your passport and visa are current you can travel
  • You can change employers but your new employer must lodge a new LCA within 10 days
  • It usually takes 2-3 days within Australia for your visa to be issued back to you after your approval at the Consulate

What requirements and documents are needed for the application and Consulate Interview?– A job offer letter from the prospective United States-based employer

  • Electronic Visa Application Form (EVAF) DS-160, completed online (http://evisaforms.state.gov/) and printed out
  • Form ETA 9035, clearly annotated as “E-3 – Australia – to be processed,” or an ETA 9035E dated after January 4th, 2006, specified for E-3 Australia. This is the LCA Form
  • Your Degree or Proof of Equivalent work experience (often they don’t even look at this)
    • To Note: If your degree and higher-level qualifications are from an Australian institution, you do not usually need to provide certified copies or evidence of their U.S. equivalent, but please bring to your visa interview the original certificates, and if possible, transcripts for the course of study. If your qualification(s) are not from an Australian institution, a certified copy of the foreign degree and evidence that it is equivalent to the required U.S. degree could be used to satisfy the “qualifying credentials” requirement, but you may prefer to wait until your visa interview to confirm whether this is necessary. You should take your original certificates and transcripts to your visa interview, and if it is also necessary to produce certified copies of certificates and evidence of U.S. equivalence, you can send these to the Consulate after the interview, although your visa will not be approved until this is received. Likewise, a certified copy of a U.S. baccalaureate or higher degree, as required by the specialty occupation, would meet the minimum evidentiary standard.
    • U.S. Regulations, 8 CFR 214.2(h)(4)(iii)(D), describes the kind and amount of experience which can be used to establish the equivalency of a university degree. As a guide, three years of professional experience may generally be used as a substitute for each year of university-level education. During their visa interviews, applicants for U.S. work visas should be prepared to provide documentation outlining their work history, education, and training. A consular officer will determine whether the educational and employment information provided meets the eligibility requirements for a U.S. visa.
  • Evidence establishing that the applicant’s stay in the United States will be temporary. (this could be bank accounts, mortgages, car/business    ownership, family ties)
  • A certified copy of any required license or other official permission to practice the occupation in the state of intended employment
  • Evidence of payment of the Machine Readable Visa (MRV) Fee, also known as the application fee. This is payable at Australia Post in Australia or if other embassy/consulate, their local procedure , and applicants should bring the  receipt to the interview as evidence of payment.

What Does An E-3 Visa Look Like?

In terms of eventually getting a Green Card there is nothing specifically precluding you from applying for one via your employer however technically the E-3 visa is not a dual intent visa like the H-1B visa. The actual regulations state;

“An application for initial admission, change of status or extension of stay in E-3 classification, however, may not be denied solely on the basis of an approved request for permanent labor certification or a filed or approved immigrant visa preference petition.”

So this basically means they can’t deny an E-3 visa application just because you have an open Green Card application

I hope this all helps.

CJ

234 thoughts on “What is the E3 Visa?

  1. Hi Shaumyika,
    I apologize for the delay as I only just returned to the US now from overseas and am working my way through all the messages.
    Congratulations on your engagement!
    1. No there wouldn’t be an issue with an appointment on that day
    2. That is a very gray area and I would say the answer would be NO you couldn’t do that as the E-3 visa would have to list all companies you work for on it in the stamp in your passport
    3. That may be an issue but you can of course not mention it since engagements are not an legally official event and in any case the fact you are applying for a legitimate E3 visa and not the K1 visa is showing you are following the rules as such. I don’t think you should have an issue here.
    Good Luck,
    CJ

  2. Hi CJ,
    I just submitted my form the Dept of Labor but am worried I didn’t answer some of the questions correctly. Did you get a lawyer to help you? I was confused by the Wage level questions.

    Also, I work in Public Relations. Do you think that will satisfy as a specialty occupation? How hard was the interview at the Sydney consulate for you?

    Thanks,
    Luci

  3. Hi
    Firstly, thankyou for such an extremly helpful website.
    My husband and I have found the whole E3 visa requirements very confusing and we were hoping you could help.
    James is a carpenter by trade with 15 years experience and we were wondering if we could use this as a substitute for a degree?
    We have an Australian cousin living in the US who will be able to instantly find James a job but we just dont want to waste ours and anyone elses time as there is no degree.
    Thankyou
    Hope you can help.

  4. Hey there,
    what a wonderful website you have here!!
    Thank you for keeping it so updated it is very refreshing after the arduous sites from the visa departments!

    I am an actress and have only studied in short courses. So no Bachelor. I have not worked ‘professionally’ as an actress before- though i wonder if you know what kind of documentation they could require you to prove that you were employed professionally that you couldn’t just falsify? How do they check these?
    I could get an employer here in New York to fill the application form- so as to have the job offer, but i’m worried about my previous experience to back it up- what do you think?

    Thank you so much i look forward to hearing from you.
    many thanks!
    Dlang

  5. Hi Luci,
    You obviously are one of those ppl whose company forced them to do all the work. You don’t need a lawyer for the E3 visa process but the wage level questions are important b/c your wage must meet the criteria of being no less than the average wage for that particular occupation in the location you are working. As long as your wage is that level or higher then you are fine. It is known as the prevailing wage and the guidelines are on the Department of Labor website.
    PR will be fine I am sure as a specialty occupation as the interpretation is fairly liberal as long as the job itself required a Bachelors Degree applicant to get the job.
    The consulate interview is fairly straightforward regardless if you do it in Melbourne, Sydney or Perth in Australia or abroad. Just ensure you have all your documents, US passport size photo, express return envelope and pre-paid receipt for your application fee.
    Good Luck,
    CJ

  6. Hi CMW,
    Thanks for the complements about the site as am glad to help.
    Unfortunately I don’t think I have good news for you as while work experience can substitute for a Bachelors Degree and 15 years is more than enough. The job your husband James does in the US must also be a job that requires a Bachelors Degree. Now unfortunately with most trades, construction and probably carpentry, it will be very difficult to get the Labor Certification from the US Department of Labor as it is not an occupation that generally requires a university degree.
    Sorry and good luck,
    CJ

  7. Hi Dlang,
    Thanks for the complements on the site it is much appreciated and exactly what I want it to be when compared to the official sites 🙂
    Now my suggestion for you is probably a little different. If you are an actress, I don’t think the E3 visa is really going to work for you. It is more designed for professional work rather than the Arts. There are other visas like the O visa category which is more suited to the Arts listed here https://visacoach.org/2009/07/01/us-visa-types-list/ and then click on the O visa link.
    In essence the bachelor degree substitution is often guided by the rule of thumb as far as the E3 visa is concerned by 3 years of work experience in the category of the job to which you are applying for every year of a bachelors degree. So that would 9-12 yrs of relevant work experience. Also the job to which you are applying must require a degree as part of its criteria so with acting position rarely is a university degree a pre-requisite for application which is why I think the E3 visa may not be suitable for you.
    Good Luck,
    CJ

  8. Hi Cassandra
    I keep getting bounce back from your email with the notification updates so in case you check here this is my additional information for you;
    One thing I didn’t mention based on your email note here is that the US only recognizes marriages and not domestic partnerships. So in any instance, to get a dependent visa you must be the primary visa holders spouse.
    CJ

  9. Hi there CJ,

    Great website and information! I am interested in going to US to start a business. I hold a B.Com and CPA. Can you please tell me what other conditions need to be met under the E3 visa?

    Thank you.

  10. Hi MS,
    If you want to start a business in the US it is not easy as an immigrant you need to meet a lot of criteria, not the least of which you need to inject $500K in capital (and this is only for certain locales, for more major areas this heads towards $2M). So you can see for most people this is out of reach.
    You cannot start a business on the E-3 visa as it is for employees and you need a visa type like the EB-5 which as mentioned has a lot of strict criteria. I have a post describing this particular visa as well.
    CJ

  11. Hi CJ,

    I echo all the compliments above- the information on your website contains more relevant information than the other sites I have found.

    I am currently waiting for my prospective employer to send the LCA to me so I can take it to the Embassy in Sydney, Australia to apply for a E3 visa. The start date is 15 September so I understand that I can only enter the US 10 days prior. However, is there any way I can go earlier since I want to travel to the US/Canada before I start work? For example, can I enter the States on 1 Sept under the Visa Waiver Program or the B2 Visitor visa and then stay on my E3 visa?

    The related question is: will they check the LCA form regarding the start date at the port of entry? I take it that they may check the start date and if I’m going in more than 10 days prior to the start date, they will refuse entry?? My assumption is that the date will be on the visa itself…

    One final question: do I need to bring the LCA, copy of degree, employment letter and evidence of family ties etc at the port of entry to show it to them? In other words, do I need to prove the same things I proved to the Embassy when I got the E3 visa? I ask this because I had such a difficult time with them when I went to the US on the B2 visa – the visa was ok, the port of entry was much harder! I ask this as you mentioned that some immigration officials may not even know what an E3 visa is.

    Thanks for your help!

    Kind regards.

  12. Hi CJ,

    One more question: my prospective employer has the certified LCA from the Department of Labor. Will it be sufficient for him to sign the LCA and scan the signed copy to me for production to the Embassy? Or will the Embassy require an original signature from the employer on the form, thus the LCA has to be sent to me via the postal system?

    And does it also apply to the letter of offer? (ie. will the Embassy accept a signed scanned copy or does it require the original signature?)

    thanks very much!

  13. Hi Joyce,
    Thanks for the kind words..it is never enough 🙂 … haha..just happy to help and to be honest the comments flowing here all the time are even more valuable as they are people’s real life experiences.
    You can only enter 10 days prior on the E-3 visa and no you can’t enter on visa waiver or the B-2 visa earlier and then “switch statuses” midway so to speak.
    The date is on the visa itself and at the port of entry at the airport they only check your visa. I mean it always helps to have those documents handy in case there is any issue but I have never ever heard of it being checked.
    Sometimes the port of entry is hard but that only usually happens if you have a pedantic or inexperienced official…many are very nice….and in the end even with pedantic ones, if the documents are legitimate then you are fine. Yes many don’t know the E-3 visa as there are so few of them around but they have their visa lookup manual next to them so invariably they just refer to that or ask a colleague.
    Enjoy your new adventure,
    CJ

  14. Hi again Joyce,
    You will need the original LCA for your interview at the Consulate. The letter of offer is less important as it not an approved document by a US organization like the LCA, however since your organization is sending you the LCA they may as well send you an original letter of offer as well.
    CJ

  15. Hi,
    I hope someone hasn’t already asked this question…
    Is it possible to work two jobs on an E3 visa? I have a full time job in my specialty and currently on a J visa. I am considering swapping to the E3 visa (or H1-b). I wanted to get a part-time job doing relief/locum work (different employer) on weekends in my specialty as well. Is this allowed? (I read somewhere that this is possible on the H1-b- not sure how accurate that info is). I’ve scoured the Department of State website and US embassy site but they’re both pretty useless when it comes to specifics!
    Thanks for your help!

  16. Hi,
    I’m currently in the US and am on my second E-3 visa and am heading back to Australia for the Holiday and have to get a new visa stamp in my passport.
    I’m just a little confused to the processes I have to go through to do this and the forms I have to fill out.
    Any help would be a great help.

  17. Hi Andrew,
    Going back to get renew your E-3 visa is exactly the same process as your E-3 visas. That is getting an approved LCA as well as doing all the standard application forms with the consulate.
    Enjoy your trip back.
    CJ

  18. Hi LR,
    Yes it is possible to have 2 jobs on the E-3 visa you just need an approved LCA for each job. However what the employment it must be a permanent part-time or full-time position with regular pay. Any type of medical work as well you will need to have the appropriate state licensing to practice as well.
    Yes the USCIS and DOL websites are useless with real info most of the time 🙂
    Good Luck,
    CJ

  19. Hello LR!

    I am currently in the US and am attached to my husbands L1-b which expires on Nov 18, 2009 (along with my EAD). We have applied for an extension of current status as we have spent 380 days outside of the US since our visas were issued. We have been assured by our lawyer that the extension will be approved.

    With USCIS current processing times it does not appear I will be in recipt of my new EAD by Nov 18 which means I will not be employment eligible by my employer (a large US Bank) they will have to sever me.

    My employer is aware of my situation and would like to sponsors me as we can turn the application around quickly by paying the premium processing fee. But they have received money from the TARP program and are subject to the Employ American Workers Act. Do you know if the act applies also to E-3 Visa??

    Appreciate your thoughts.

    Karen

    Your

  20. Hi Karen,
    The TARP program does not specify the E3 visa but on the other hand US companies stung by bad PR may also be reluctant to hire foreigners in any capacity. I hope they do sponsor you. I agree I don’t think your husband will have any issue with his L1 visa extension.
    Good Luck,
    CJ

  21. Hi everyone!

    I apologise in advance but I have never been on a “forum” before, and so please be patient with me…

    I have a question please with regards to E 3 Visas. My husband aplied for an E 3 Visa on 18 August 2009 and he was givena white form with Administrative processing written on it. He was told that his educational credentials needs to be assessed by the Consulate, even if his employer provided acredited documents for his studies in Australia and his work experience (11 years in total in IT Industry). He was told it will take 1 week for his Visa to be issued… Should we call the Melbourne Consulate and ask about the Visa status or should we be patient and wait…. He really needs to start working ASAP…. Could someone advise or share same thoughts on this??? Thank you so much!!!

  22. Hi everyone!

    Could someone help please! My husband applied for a E 3 Visa on 18 August 2009 and he was given a white document with Administrative Processing written on it. The consular offices said that they have to check his education credentials, even if his employer provided a report from a US University to prove that his College Advanced Diploma + 11 years in IT Industry (at high level – Techical Architect) are sufficient to qualify for an E 3 Visa. He was told at the interview that it will take 1 week to process. Could some one please advisse if we can ring Melbourne Consulate or just be patient and wait a bit longer. Did someone experienced Administrative Processing and know how long it takes??? Thank you so much for your answers!!!

  23. Hi Sporod,
    Unfortunately there is little you can do in the process but wait and calling the US Consulate really will do little to either speed up your case or give you additional information. Many people go through administrative processing, sometimes because the company they are being hired by has never employed a foreigner on a work visa before and sometimes like in your case where there is something different about the experience that they want further checks on. Remember as well the US consulate would have been closed on September 7th as well for the Labor Day holiday in US so many staff within the US consulate may have been on holidays back home during this time at the end of the US Summer. I am sure you will be fine but unfortunately you have to let this part just play out.
    Good Luck,
    CJ

  24. CJ,

    Thank you so much for your quick unswer! It is just unfair that someone needs to find a job first and then apply for the E3 Visa (process that supposed to be simple and quick) and then, takes them so long to issue a visa. The Client in the US is waiting for my husband to provide services at their location and he cannot attend due to birocracy. In mean time he has no job or money to pay the debts and mortgage and feed the kkids!!!

    Just for my peace of mind, can someone please let me know what would be the normal procedure after the interview at the consulate.

    Is the paperwork sent to US or locally investigated? Do U guys know someone that works for the consulate ar have any websides that will explain step by step the Consulate internal procedure re Administrative Processing ???

    Your help on this is much appreciated!!!

  25. Hi Sporod,
    No problem.
    The E3 visa is simple and quick…just compared all the other work visa types. For example the main work visa for all countries, the H1B visa you can only apply for at certain times of the year and the employer has to pay thousands of dollars in extra costs and needs to go through more approvals with the US Government. The US Immigration system is just very inefficient and unnecessarily complex.
    After the interview and you have your visa, that is it. You are free to enter the US up to 10 days prior to the date on your visa.
    The processing would usually be done in Australia, particularly in your case where it seems like they are checking your husband’s experience so would all be done probably via some computer databases and maybe a couple of phone calls.
    It is a pretty secret process so you are not going to get much information other than general information from Consulate sites. Like I said in this instance all you can do is wait.
    Good Luck,
    CJ

  26. Hi All

    I am an experienced Engineer(8+ years) with a Bachelor of Engineering and would like to consider seeking employment in the USA. For Australians the E-3 seems like the best option and so I have the following questions:

    1) Can you confirm if Engineering qualifies for the E-3 visa (with a sponsor and having a Bachelor of Engineering Degree)?
    2) Can you advise what other requirements you need to need to qualify? (background checks, min. funds etc etc?)
    3) Any other links to good information?

    Also, I have an unmarried Japanese de facto partner. In terms of tourist visas can you advise as to my options? My understanding is that she could get a B2 visa for 6 months, but what about for longer stays – could it possibly work?

    Thanks for your help in advance, much appreciated.

  27. Hi CJ – Quick question; my circumstances are that I have been offered a job that requires a degree etc but the job is in sales and my background is in finance. In your opinion, will the fact that I have a finance background have any impact on my visa being approved? I have a marketing degree so I’m covered in that area I guess I just concerned that I don’t have any ‘specific’ sales experience. Would you foresee this being a problem for me?

    Kind regards

    JG

  28. Hi Jeremy,
    1. Yes Engineering qualifies for the E3 Visa
    2. There are no other real requirements for you personally other than the US Govt. not seeing you as risk when they check you and confirming with them that your intention is to leave the US at the conclusion of your E3 Visa
    3. To be honest I don’t have any other links to good information other than what is on the visa resources page here and the E3 Visa FAQs. The main reason I created this site is there is not a good resource for practical information on US Visas out there :). I mean the US Embassy E3 Visa FAQ site has some good info as well about the process but that is really it.

    As for your Japanese partner, the US doesn’t really recongize defacto as you seem to be aware, so yes the tourist visa is one option while she wants to possibly have time to search for work and get her own sponsorship. However being Japanese she will be restricted to the criteria of say the H1B visa. In all honesty, if it is a serious relationship, you really should consider marriage for this as far as the US concerned, it will make like a whole lot easier for you. The E3D partner visa allows work as well which is great too.

    Good Luck,
    CJ

  29. Hi JG,
    I think you will be fine as many people have degrees that don’t specifically match the role they are in. However would definitely emphasize the relevant qualities in your prior experience that is applicable to your new sales role if you are asked at the US Consulate interview. All in all I think you will be fine though.
    Good Luck,
    CJ

  30. I am currently on an e-3 and want to transfer companies. Would it be quicker to go to canada and apply for the transfer? I heard it takes 10 days to 6 weeks applying for it in the US.

  31. Hi CW,
    This is true. The E3 visa depending on which representative you talk to at the USCIS is meant to either follow the H1B visa rules which means you can start working at your new company while waiting for the final approval from the USCIS or that you can’t do this and effectively need to go to Canada and get a new E3 visa with the company on it.
    If you read many of the comments on other posts here you will see people have been told both methods and been successful both ways so it is really up to you in the end which one you pursue.
    My advice is that you have any short or medium term overseas travel plans you will have to get a new E3 visa anyway regardless of whether you do a transfer within the US so you may as well go to Canada and do it. Otherwise if your new company is fine with it do it inside the US like the H1B visa transfer process.
    CJ

  32. Hi
    The information posted is extremely useful. I have a quick question. I am working as an Auditor in Melbourne and going on a secondment to Little Rock, AR to work with one of our affiliates out there. Just wondering if the E3 Visa category is suitable for me? I would also like to know if I need “A certified copy of any required license or other official permission to practice the occupation in the state of intended employment.” My feeling is I won’t need this as I won’t be working as a Public Accountant but only as a Consultant with the firm in US. I do
    I do understand that there are certain documents required such as Proof of qualifications. I do possess a Masters of Business (Accounting) from Monash University Melbourne.
    Would you suggest applying in this category gives me a good chance of getting the Visa?
    Your assistance would be much appreciated

    Thanks

    Avers

  33. Thanks for the information. I was also told that my employer can file the transfer online throught the icert LCA module online system with the Department of Labor and not through a lawyer. Is this correct?

    Thanks

  34. Hi Avers,
    I think your description of the job, your qualifications and your experience suggests you are an ideal candidate for the E3 Visa. Additionally I agree with you that if your role doesn’t involve actual accounting but only consulting, then local licensing will probably not be required. However that does depends on the rules of the state. In any case you can always get this soon after entering the US and don’t need this prior to applying for the E3 visa at the US Consulate only that you have the intention of doing it. if necessary.
    Good Luck,
    Chris

  35. Hi CW,
    For any US Immigration process a lawyer is not a necessity, however of course many use it to be sure. Now the ETA 9035 for your new company can be filed online with the Department of Labor by your new employer without a lawyer to get your LCA for your new company.
    Good Luck,
    CJ

  36. Thanks. A lawyer told me that it will take anywhere from 1-3 months or more to receive the approval notice if I am not leaving the US and that I would have to schedule an appointment at a U.S. consulate either in Australia or Canada and apply for a new visa. I told the lawyer that I just needed a transfer and they said I still need to apply for a new visa. That contradicts everything I have been reading. help!

  37. Hi CW,
    If you read both the post and the individual experiences in the comments section of the E3 visa transfer post (https://visacoach.org/2009/03/02/extending-renewing-or-changing-employers-on-your-e3-visa/) you will get an idea that depending on the person it has been a different experience. Basically in the end if your new employer is happy for you to start while your approval is going through, like it works on the H1B visa then I think you will be fine as many people have done this successfully and some people at the USCIS and many lawyers think this is the correct process. On the other hand b/c this is not explicitly written anywhere for the E3 visa but more just implied (as the E3 visa is meant to follow the H1B visa) you can of course go to any country including Australia or Canada and get a new E3 visa for your new company.
    Good Luck,
    CJ

  38. I have an Australian degree in elementary education. Once I get my transcript evaulated for US equiv., would substitute teaching for a US school system qualify me for an E 3, given that it would be anywhere from part time to full time? The school system in particular requires you to register with their program…

  39. Hi, I’m an Australian and my fiancee is a US citizen. We have filed a K-1 fiance visa petition but it may take a long time before I can get employment authorization. I’m currently looking for a job in the US while we wait for the K-1 petition to process. If I get a job offer in the near future, can I apply for an E-3 visa instead and cancel the K-1? Does the current K-1 petition in any way affect my ability to get an E-3 visa?

  40. Hi Cassandra,
    Substitute teaching may not qualify for the E-3 visa given the employment is not part or full time permanent. However if there is a steady employer and steady salary then it would probably qualify. The hardest part of this I imagine would be getting a role and finding a sponsor in the US school system as a foreigner given the ease for these type of organizations to hire US residents.
    Good LUck,
    CJ

  41. Hi AR,
    Look the technical rules of the E-3 visa is not dual intent so not pursuing any sort of permanent status like a K-1 visa would offer you. That doesn’t mean you can’t and many have successfully as it also states you can’t be rejected solely based on this fact. However there is a risk given you seem to be planning to marry anyway. To be honest, my best advice is to wait on the K-1 visa as if your engagement is legitimate, you should have no issues finally receiving this. However if you apply for the E-3 visa after finding a sponsor which is not that easy, then for some reason get denied, then a subsequent K-1 visa application may pose more questions from officials.
    Good Luck,
    CJ

  42. Hi CJ

    Apologies, since you’ve probably answered this question a million times. I like many others am looking to relocate to the states, New York in particular yet i’m finding the visas a little overwhelming. I’m too extremely grateful for coming across your site.

    I have entered the DV Lottery 2011 as a long shot but am hoping to get over there sooner.

    I’m looking to work in the music / entertainment industry (not as a musician!!) I hold a bachelors degree specialising in Music Industry and Event Management and have been currently working in Music Licensing for 2 years.

    I’m not sure whether i should be looking to go down the E3 or H1B visa path or and discussing both to future employers. Also whether i’m either eligible for any?!?!

    Do i start apply for positions now and just be ready to pick up and leave if i’m accepted for an E3 visa?

    My last question is how and when do you bring the visa issue up with future employers? Would you mention this is a covering letter.

    It’s all a little overwhelming :/

    Thanks in advance for your help

    Hayley

  43. Hi Hayley,
    Thanks for the complements and yes it is an overwhelming process particularly at the beginning. Good luck for the Green Card lottery and you never know. If you are successful for that, you probably know that would take effect from October 2010.
    Your qualifications are relevant for the E3 visa so no worries there – https://visacoach.org/2009/05/22/e3-visa-the-bachelors-degree-specialty-occupation-conditions/. As the long as the roles you apply for require at least a Bachelors Degree as a minimum requirement then they will be fine as well. The H1B visa qualifications are virtually the same, the E3 visa is just a cheaper and quicker option for the employers but there is still time if they wanted you to be on an H1B visa too – https://visacoach.org/2009/10/16/h1b-visa-fy2010-status-update-october-2009/.
    Yes you should start applying for positions now and be ready to leave soon. Here are some additional posts you may find helpful in answering your questions more fully.
    1. FInding a Job in the US (https://visacoach.org/2009/01/19/which-are-the-best-places-to-find-a-job/)
    2. Explaining Visa to Employers (https://visacoach.org/2009/02/09/how-to-explain-the-e3-visa-to-a-potential-employer/)
    3. Getting a job on the E3 visa (https://visacoach.org/2009/05/03/how-to-get-a-job-on-the-e-3-visa/)
    4. Creating a US style resume (https://visacoach.org/2009/02/28/creating-a-us-style-resume-for-job-applications/)
    5. E3 visa FAQs (https://visacoach.org/2009/08/16/e3-visa-faqs-myths/)
    Good Luck,
    CJ

  44. Hello CJ,
    Thanks for a fantastic, informative website. I got my E-3 visa without having a Bachelors degree, but got a US based agency to evaluate my experience in running my electrical contracting business and and give me a reference sayint I had the equivalent of a bachelors in management. My job is a project manager.
    An aquantance got an E-3 Visa for a job in Marketing without any degree or equivalent, he just listed the experience he had in doing marketing for his own business.
    Now to my question….If I renew my E-3 visa in a foreign US Consulate, does my wife have to attend the interview to get her E-3D extended? We are not located near any Consulates, but I do travel outside the US quite often. The only problem is that it’s pretty hard to make an appointment at an embassy on short notice. eg I found out yesterday I need to go to England in a week for work, but I doubt I could get an appointment – but if I could would my wife have to attend as well?

    Thanks
    Geoff

  45. Hi Geoff,
    Thanks for the complement and sharing your experience as I know it is helpful to a lot of people who come here who have a similar circumstance not having a Bachelors Degree and having to prove equivalency.
    You raise an interesting point as to whether the primary party can do one thing in getting a new visa from the US consulate where the dependent party is renewing their visa within the country. Our post on renewing and extending the E3 visa is here (https://visacoach.org/2009/03/02/extending-renewing-or-changing-employers-on-your-e3-visa/) in case you haven’t seen it. Now both of you can extend your E3 status within the US for another 2 years past your current visa expiration fate without having to leave. However if either of you do leave the US and you are past the expiry date of your original visa, then you will need a new E3 and E3D visa to reenter the country. In theory I think you would be able to extend your wife’s status within the US if you were to get a new E3 visa but the timings may be difficult as you would probably only be able to file her extension of status application to the USCIS after you had been issued your new E3 visa. Therefore given the time the USCIS will take to process this extension which may be 6 weeks (times vary depending on the case from 2 weeks to 3 months most often), she may not receive approval till after her current E3D visa status expires.
    You are right it is hard to get appointments at short notice and also it can take time often for consulates to process visas, particularly when the only option they give is to mail the passport back.
    In the end depending on timings it may be prudent to plan to do it together either within the US or outside the US bearing in mind the travel issue if decide to do it within the US.
    Look forward to hearing how you proceed and the outcome as it certainly is an interesting case.
    CJ

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