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
Hi CJ,
I am currently on an E3 visa (thanks for your advice above!).
I was wondering- do you know if I can day trade in stocks here in the US whilst on the E3 visa? Or just generally trading for investment purposes? I’m considering stocks and/or futures.
thanks,
Joyce
Hi Joyce,
Yes you can trade in stock and/or futures in the US or indeed any asset like Real Estate. Whether you are on the E3 visa or no visa at all does not prevent you from doing this. Your biggest consideration here is the tax implications. The US and Australia have a tax treaty so tax you pay in one country is fine as a substitute for the same income in the other. However you should work out which country it is better for you and then set things up accordingly.
CJ
Hi CJ,
Thanks for your advice!
All the best to you!
Joyce
Hi,
I am wondering if anyone knows or has experience: can i get an E3 visa if i am being paid per client (i.e. not a salary or $ per hour).
I am an exercise physiologist and am currently meeting with an employer about a job but am concerned being paid per client i coach (& hence a variable salary) might not meet the visa requirements.
Thanks, Chris.
Hi CJ,
This year, my boyfriend(who has an Australian passport) was going to be transferred with work to the US and was going to apply for the E3 visa, but before he did, his work had decided to postpone the start time and so it won’t happen until 2010. The issue here is, before he applied for the E3 visa, without getting consultation from a lawyer, I applied for a B1/B2 visa (6months) and said that my reason was to “accompany my partner” and that I did not have a job at the time. The reason I did so was because I had 2 other people I know do the same things when their partners (not husbands) had been transferred with work and they were given the B1/B2 6month visa (which seemed better than a 3month visa waiver). I applied for the B1/B2 visa under my Japanese passport in Tokyo at the US consulate (I had moved there for just under a year), but I was denied for not having enough reasons to stay in the country and I looked like I would immigrate to the US.
Fast forward to now, my boyfriend still does not know when he will be going to the US with his work, however, I am still keen to go over. I also have an Australian passport. Now that I’ve been rejected for a B1/B2 visa already, if I want to go to US to look for a job and apply for an E3 visa, is it better to apply for the Visa Waiver Program with my Australian passport and look for a job? The problem here is, I’m concerned that Immigration won’t let me into the country if I look like I’m trying to apply for a job AND if I’ve already been rejected for a visa (I have to declare on the visa waiver form if and when I’ve been rejected), and I’m still in the situation where I don’t own property have assets here to link me to Australia (despite having family here and growing up here my entire life).
Do you have any advice for me on how I can go about going to US to find a job and subsequently look for a job?
Also – when at Immigration in the US, is it okay to say that you’re an Australian looking for a job under the E3 visa, or do you say that you’re a tourist – even though the US embassy site in Australia tells you to go on the Visa waiver to look for a job in the US?
Sorry this is so complicated – but I don’t know what to do and how to go about it all!
Thanks in advance so much!
Hi CJ,
Am I able to enter the states using a one way ticket on the VWP? I hope to find employment and will not be returning to Australia for at least a year which will make my return ticket void.
Thanks
Natham
Natham
Hi CJ
Congratulations on an amazing site!! Keep up the great work.
I’m currently in the US on an E-3 visa, however my fiance (an Australian) has just returned home as her visa (Not an E-3) has expired.
Would she be eligible for the E-3D if we were married in the US?
How long does this the E-3D process take?
Would she be able to stay in the US whilst this is processed?
I know this probably sounds a little rushed, but we are planning on having a wedding ceremony in Australia next September, and this seems the best option for us to be together before that time.
Thanks
Jake
Hi Chris,
You have to quote your salary on the form ETA-9035E which is filed with the Department of Labor to get your Labor Condition Approval. The salary quoted on there must meet the criteria of being on par with what a US worker would get paid in your industry for doing the same job in that part of the country you wil be working. That is the main point around salary and if there is history in your job profession where people have tried to deceive the Department of Labor around salary there may be extra scrutiny around your application.
Good Luck,
CJ
Hi Confused Again,
If you are on a Visa Waiver Program, it is probably not ideal to say at the Port of Entry that your reason for coming is to look for work and certainly if you plan to visa a site or two, saying you are a tourist would not be incorrect. Yes you do have to declare that you have been rejected on both the Visa Waiver Application online and if you ever apply for any visa in the future at a US consulate. It may be good to give it a little time before you do either of these as there is always a risk.
If your family is all in Australia and if you have lived there your entire life that usually enough to have ties to the country and property is not really a must. Proving you have bank accounts, etc. that are active can’t hurt either.
If you originally applied from Japan under a Japanese passport, generally the assumption from the US consulate is that you will return to Japan. So if as you say all your family is in Australia and that is where you grew up, then they could be correct in assuming there is little reason for you to return to Japan. Especially given that you were accompanyinh someone from a different country on a work visa.
To be honest it is probably worth waiting to help lessen the risk of being rejected of any entry type to the US. There is always the option of marriage of course and going to the US in the future on the E3D partner visa which does allow you to work after receiving authorization within the US. Otherwise you can always try again at anytime now for the Visa Waiver Program and hope that all is smooth. There is no specific guidelines or rules around it as is completely up to the system and if referred to the assessing case officer.
In terms of finding a position and working in the US if you haven’t already, definitely recommend reading the E3 Visa All You Need to Know post and the How to find a job in the US post.
Good Luck,
CJ
Hi Natham,
If you enter the US on the Visa Waiver Program, you can’t transfer to a work visa if you find employment and sponsorship. You will have to leave the US to go to an overseas US consulate and apply for your US visa and return to the US prior to starting to work (this can be Canada). Now generally with the Visa Waiver program with the online ESTA you generally have to nominate when you plan to leave the US and your port of departure. At the port of entry (i.e. airport) they can look up for proof of this as they do connect to airlines but whether they do is completely up to the US Customs official. There is always a risk. As I said because you will have to leave the US anyway to get your work visa you should have a departure ticket. Now say that is to Canada, you should be aware that if you don’t find a position in the 90 days, you can’t just go across the border to Canada and come back the next day to US to restart your 90 days. The US considers Canada and Mexico as part of the 90 day period to avoid that happening. If you want a longer period to search, you should maybe consider the B1/B2 tourist visa.
Good Luck,
CJ
Hi Jake,
Thanks for the kind words.
If you did get married in the US, she can only transfer to the E3D visa if she was on a visa that you could transfer from. If she was on the B1/B2 tourist visa then yes she could potentially transfer but not if she was on the Visa Waiver Program. Given how long this all takes to process at the USCIS and the fact you may be asked additional questions, it may take a while anyway. If you wanted to be together prior to September 2010, the B1/B2 visa route is certainly an option but a less risky one maybe you getting married legally within Australia if possible and her applying for her E3D visa at a US consulate in Australia.
You should note that one in the US on the E3D partner visa, she then has to apply for Employment Authorization before she can start work which generally takes 2-3 months. She can only start this once in the US on the E3D visa but can certainly begin looking for work prior to that point.
Good Luck,
CJ
Hi CJ
Thanks so much for this valuable advice!!
The timing and application of the E-3D is pretty confusing.
We were also considering getting married in the US (which is legally valid in Aus) on the VWP and then returning to Aus to get the E3-D.
Would this have the same effect (on the E-3D process) as getting legally married in Aus? Or is it best to have both the marriage and E3-D performed there?
Also thanks for the advice on the employment authorization. From other posts it seems that 2-3 months is a minimum before my fiance will be able to work.
Cheers
Jake
Hi Jake,
Yes the marriage in US would apply for Australia, although am sure there may be some marriage licence or certificate you may need to do in Australia possibly. Either way I don’t think where you get married will be too much of an issue just that the E3-D process itself in Australia will be easier.
Good Luck,
CJ
Hi CJ,
I wondered if you have information posted regarding the tax status of Australian citizens in the US on an E-3 visa? I did a little research online and discovered that although you would be considered a resident of the US for tax purposes there is apparently a number of different ways to go about it.
Do you know otherwise, or perhaps you can point me in the direction of a resource to help me?
Thanks very much
Warren
Hi Warren,
I did a post on foreigners on non-immigrant visas and taxes in the US a while back (https://visacoach.org/2009/02/01/us-working-visa-holders-doing-your-taxes/). So yes you are a resident in the US for tax purposes on the E3 visa and because of the tax treaty between the US and Australia, the Australian Government recognizes you are paying taxes in the US and doesn’t require you to pay twice.
Like with anything tax related there is many ways to go about it, however you are required to pay all types of taxes and the IRS is certainly not an organization you want to be on the wrong side of.
CJ
Hi CJ,
My wife is in E3D and has an ITIN (Individual Taxpayer Identification Number) from the IRS.
Can she start a website to sell things online? Or it requires an EAD?
And can she use her ITIN to do this or SSN is required?”
Regards,
S
Is it possible to transfer from an L1 visa to an E3 visa? If so what is the process?
Thanks,
Cole
Hi Sateesh,
She can sell things online on a website without an EAD if the owner of the website was say an Australian company and she we was working and paying taxes in Australia. If she gets her EAD and Social Security number then she is free to do more things but with specific directives on starting a business and paying taxes on E3D status you would probably want to ask both an accountant and the USCIS.
Good Luck,
CJ
Hi Cole,
Yes it is possible to transfer to the E3 visa from the L1 visa as long as you are an Australian citizen. Essentially the visa transfer is like any other visa transfer in that your employer has to file form ETA-9035(e) with the Department of Labor to get an approved LCA. Then that has to filed along with for I-129 to the USCIS for the visa transfer. This all has to be approved prior to your expiry date of your L1 visa.
Good Luck,
CJ
Hi!
I have a Bachelor of Science and worked in pharmaceuticals for 5 years.
I left pharmaceuticals to open an action sports store (skateboarding etc, sales and imports) which I have owned and managed for 3 yrs in Sydney.
I am wanting to move to the US to work in action sports (e.g. marketing and sales) but am worried that the only way I’d qualify to work in the US is if I was apply for a pharmaceuticals job which is actually related to my degree instead? Can I apply multiple times for the E-3 visa? (i.e. if I’m not allowed a visa to work in my prefered action sports field, I reapply for a pharmaceutical job visa instead later on?)
Hope this makes sense – I don’t want to blow my chances if I only get one!
Hi LJW,
Sorry for the delay in reply. Yes you can apply multiple times for the E3 Visa but of course and visa rejections will be on your record. And while it officially shouldn’t hurt your chances, there is always a small risk. Now to find a role in the US in the capacity you are talking about with Action Sports I imagine would be difficult just because there would be relatively few of those types of roles available compared to the amount of demand for those type of positions. Also the type of role you find has to pass the Bachelor Degree and Specialty Occupation criteria explained here; https://visacoach.org/2009/05/22/e3-visa-the-bachelors-degree-specialty-occupation-conditions/.
Definitely don’t give up and if this is the sector you want to be in, then go for it but I think if you can find a way to make contacts in the US in that sector (and that may involve flying over here and networking) and then get referred to a role, you will have the best chance.
Good Luck,
CJ
Hi CJ,
Can you please tell me how long we have to leave the US after our Visas expire?
Cheers
Megan
Hi Megan,
If you are on the E3 visa, then you have 10 days after the expiry date to leave the US.
CJ
Thank you so much for providing a useful website!
I was an exchange student last year in California and worked over the summer at a marketing firm under my J1 visa. The firm I worked for has offered me employment if I want to return this summer. I graduate from a UK university with a BA in American Studies. I also have work experience in marketing/advertising/sales, but only a couple of years, which is spread out over university holidays!
Does a marketing account executive qualify as a speciality occupation? I saw you said a while back that sales is big deal in the US and marketing is closely linked!
Oh and I was born in Australia, which means I have dual citizenship so can apply for E3! I’m guessing that’s better than the H1 visas?
Thanks!
Hi!
If I’m apply for an E3 visa and my passport is only valid until September 2011 (ie. not the whole length of a 2 year visa) will this affect my eligibility for the E3? Or can I just renew my passport whilst in the US?
There doesn’t seem to be much information about passport validity and I don’t want something as simple as that to screw up my application.
Thanks!
Hi NJ,
Please read this post as it will answer your question completely; https://visacoach.org/2010/01/05/getting-a-new-passport-with-a-current-us-visa-in-old-passport/. Essentially you don’t have to worry as you can use an old passport for the visa and the new passport as the travel document.
CJ
Hi CJ,
Great site you have created!
I have a question for you in regards to the E3 Visa process. My boyfriend is being sponsored by his current Australian employer in their NY office on a E3 Visa. I am hoping to gain work with my current employer but I’m not sure of the process they need to take, the costs etc. I don’t have a degree but I have worked in a Marketing role ffor 8 1/2 years. I was wondering if this would be possible for me?
I would like to give them as much information as I can to make it easy on their end. Any advise could be VERY grateful.
Thanks!
Hi Lisa,
Thanks for the kind words.
The best post to read if you would be eligible for a work visa yourself is https://visacoach.org/2009/05/22/e3-visa-the-bachelors-degree-specialty-occupation-conditions/ as this will guide as to whether your experience will qualify you and if so what for. In terms of process and costs; https://visacoach.org/2010/01/15/e3-visa-process/ and https://visacoach.org/2009/01/27/how-much-does-it-cost-to-get-your-e3-or-h1b-visa/. This may seem long and costly but it is by far one of the easier things to do.
Good Luck,
Cj
Hi,
Could you help me find a prevailing wage for a marketing coordinator? I have looked on the flcdatacenter and have only found marketing managers, which are paid much more than I have been offered ($36,000). Hope you can help!
Thanks.
Oh… in Long Beach, California!
Hi CJ!
Finally everything is clearer!
One question: Can i transfer to the E3 from the J1, within the US? Or must i go back home and apply?
Thank you
GT
You must leave the US to apply for the E3.
I am currently on the E3, and I just found this out about the visa. I’ve been on the visa for 3 1/2 years now, obviously renewing once. When you renew you do recieve a new visa in your passport. You do get a new I94 card, but as I’ve just found out, you can not travel on this. I’ve booked flights to return home for two weeks vacation, and my lawyer has told me I need to visit the consulate when I’m there to get my visa. I emailed the consulate to clarify, and sure enough I have to re-apply when I’m there, and no extensions will be taken into consideration.
I just wish I had of known this before booking my flights. So much for a nice vacation, now it’s scaring me that I may not be returning…….
I just wanted to put it out there so nobody ends up falling into the same trap as I’m in.
GM
Hi CJ, I’m looking to arrange a visa interview in Vancouver but the NVARS website says that they are booked out beyond the 10 week booking window which would push my visa off to September. Do you have any experience as to whether spaces really open up as the website claims?
Hi Cassie,
One piece of advice for your application I would give is to call your position marketing specialist just for the sake of the application. As for prevailing wage, of course not every role is listed so you look for something similar but generally $40K would probably be above the minimum.
Cj
Hi Gillian,
Yes you can transfer to the E3 from the J1 visa. However it is not necessarily a quick process. You can also apply for the E3 visa from places like Canada.
Good Luck,
Cj
Hi Gayle,
Yes you do need to leave the US to get a new E3 visa but you can do an extension within the US and remain in the country. Read here; https://visacoach.org/2009/03/02/extending-renewing-or-changing-employers-on-your-e3-visa/. You will be fine as many people go home and do new E3 visa and are up to 3rd and nearly 4th renewals.
Cj
Hi Vicky,
Spaces do open up if people actually cancel or they open up more spots they originally reserved but it is not really predictable in any way for any US consulate.
Good Luck,
Cj
Hi CJ,
That’s great, thanks. My full title is: marketing coordinator and social media planner, do you think I should just switch coordinator for specialist?
Also, I ended up putting my role as “media and communication workers, all others”. The level one wage is $11.02 so it’s definitely below my wage.
Thanks again,
Cassie
Sorry CJ another question… Do you think “public relations specialist” is a better role for me to use as it says on the website this position requires a BA.
Hi Cassie,
Your original title should be fine honestly, it is just more semantics in the end. The social media aspect implies a specialist aspect beyond just entry level marketing.
Cj
Hey CJ!
I FINALLY have found a job in the US and have my interview coming up very soon. My question is relating to the 3-yr bachelor degree requirement; I’ve got a 3 year commerce degree from Macq. Uni but how do I know if this will be sufficient? I didn’t study honors or anything else. I do have full time work experience broken up over the past few years but I would prefer to go with my degree.
Do you know how they asses this?
Thanks!!
(To clarify – it is my consulate interview which is coming up) 😉
Hey CJ,
I have received a job offer and they want me to start asap. I assume they have filed the form into the Dept of Labor. Where would you reccommend I make an appointment for an interview for a quick process? Of course I could return to Sydney but I was hoping to do it a little closer to the US. I have heard there are time issues with having the interview in Canada. Do you know of anyone that has received their visa in places such as Mexico / The Carribean / Central America and if you do, what are their experiences?
Thankyou so much in advance
Hi CJ,
I write down my name with all the good compliments to your post. It is very helpful and I imagine how busy keeps you answering all questions and in such a kind manner. My respects!
Well, I am now wanted to be added to the list of people seeking answers to their doubts about the always labourious path of getting a work visa to USA. I am an engineer with 15+ experience and with one master degree obtained from an US university. I’ve been looking for a job in the USA and I am in the way to probably get an offer. If I get the offer, I assume I qualified for the E3 visa in the terms of having a job offered and the professional qualifications but I don’t have any property or investment to show to the US consulate officials, but I got credit cards, bank statements and superannuation here. Do you think this can be an issue for granting the visa or with what I have here is enough for the process?
Thanks CJ for all the efforts you are putting in this magnificent site.
Ausengineer
Hi CJ
Thanks for an insightful website!
I am going through the E3 application at the moment. I’m on OPT F1 transferring to E3. We have received the approved LCA so have a few questions if you can help clarify from your experience:
– After reading your post above, I am confused as to whether my employer has to fill out an i 129 which is what he has done. But at the same time, do I need to fill out DS 160 as I am currently living in US.
– What supplementary forms with i-129 does he have to fill out? The H1B?
– When I submit the i-129, do I have attach anything else or do I wait until the interview. I have already photocopied all my transcripts and Australian citizenship certificate, should I send it along with the form.
Thanks so much. So many people told me I should go with a lawyer but I am determine that with my 3 degrees, I can figure this out with my employer.
Thanks.
Lee
This is the best E-3 webiste on the net so thankyou very much for all the work.
What I would like to know is whether an E-3 visor recipient can sponsor a parent to live in the US?
Thanks again.
Hey,
Firstly, this page is great! Full of really helpful information, so thanks very much.
Just a quick question. I want to move to LA for acting and have a manager that will sponsor me, but I’ve spoken to an immigration lawyer and he doesn’t think I have enough experience to get an 0-1 visa.
I do however have a Bachelor’s degree and five years experience in PR so I was thinking I could get a job in PR, get an E-3 visa and audition on the side. I know you said before that you can work a second job, but could that second job be acting because you said that it needed to be a permanent part time or full time job? If it was a reoccurring role then that wouldn’t be a problem but if it was just a one off project, would I be able to do that?
Thanks very much. Really appreciate your help.
Hello CJ –
Thanks for the heaps of info on this site.
Cud you kindly advise me on two questions below :
Am on E3 and my employer is willing to file I-140 for GC. Will this affect my E3 renewal? If E3 is rejected is there any other way to stay in USA legally until GC is approved?
Thanks
Michelle
Hi CJ
I am not sure if you are still responding on this site, but I was just wondering what the restrictions of paid full time training programs were under the E-3?
I have been offered to be part of a corporate sales training program at a minor leauge baseball club. The program requires a degree/major in sport management, which I have and as I want to pursue a career in the US sport industry I really need to get one of these training programs/internships under my belt as sport ticket sales over here really is a speciality, almost always requiring a specialized degree and internship in sport sales.
The position pays minimum wage and is 40-60 hours a week. It runs for 9 months, so I figure qualifies for temporary.
Thanks for all the info on the site, has made my life a lot easier!
Regards
Ashley
Im working in the US now on an E3, and my contract finishes in March next year. My plan was to quit my job, go to Panama for 12 days, then come back for a particular event, and to finalise loose ends such as selling my car, and vacating my apartment. Since I am meant to leave the country after 10 days, is it possible to to apply for the visa waiver programme, in order to come back for the event?