70 thoughts on “E3 Visa FAQs & Myths”

1. Thanks for presenting all this great information on the E3. There is much less info about around about the E3 versus other visas (not surprisingly since it’s only for Aussies!)

   I am an American married to an Aussie, and we’d like to work in the US for about a year. Spouses would normally go in on the K3, but there are long processing times and we don’t actually want to immigrate. Do you have any idea whether marriage to me would disqualify my wife? I can’t find any info on this.

   Cheers!
   -Bruce

2. Hi Bruce,
   Thanks for the complements and more than happy to help.
   If you are married then this will be difficult to get an E3 visa as she will have to specify in her consulate application she is married to a US citizen which will no doubt illicit other questions from the Consulate. To be honest given you are married the best option for you would be to get her some sort of US permanent status as to allow whatever future plans you have for the rest of your lives with travel to the US not being an issue even for just tourist reasons for her.
   In short it wouldn’t disqualify your wife outright but will probably cause a lot of issues so my suggestion is to get her the K-3 visa and Permanent Status as this will apply for life as otherwise you will have hassle everytime you reenter the US.
   Good Luck,
   CJ

3. My wife is currently in the states on an E3 visa. We just got married last week in NY and i am trying to file the required paperwork for her to obtain a greencard. So far, I have Forms i-130 Petition, i-485 Adjust Status, G-325A Biographic info and i-864 affidavid of support. In the directions for the i-485 application, it mentions of requesting for advance parole if she were to leave the country. There are exceptions for H/L/K3/K4 holders. Since E3 is similar to the H1B visa, does E also fall under this category? Also, do i also need to submit another for i-765 for EAD? All these forms embeded within forms are a nightmare!!!

4. Hi Andrew,
   Congratulations on your wedding.
   I wish I had all the answers for you in your case. For many forms, the E3 visa does fall under the H1B visa and is just edited on the form manually with an annotation. All the forms you have done thus far seem correct for this as far as I am concerned and ys it is crazy what a bureaucratic mess we have created for our society. I don’t think she will need a separate Employment Authorization via i765 given she will be a permanent resident effectively with full working rights, however in these types of cases as much as I hate to say it, maybe consult legal counsel even just for an hour or so to answer questions as you just don’t want to have any issues with this. Maybe try visapro.com as it is relatively cheap and you can chat live to someone for not too much.
   Hopefully you will wake up from the mass of paper nightmare to a blissful life together soon. Please come back and share you story as well as both I and all the readers will gain so much from it.
   Thanks,
   CJ

5. Hi CJ,

   Firstly, thank you so much for this website. It’s definitely helped me more than I can say. Keep up the excellent work.

   Secondly, I managed to book at interview for my E3 Visa at the U.S Consulate in Ottawa. I paid for the U.S application fee at a Scotia Bank in Canada of $USD 131. Unfortunately, due to bad weather I wasn’t able to attend and was not able to reschedule an appointment. Long story short, I ended up having to come back to Sydney for my interview. My question to you is, do I have to pay the U.S application fee AGAIN at an Australia Post OR is my application fee paid at the Scotia Bank still valid?

   Thirdly, when I enter the U.S what questions will I be asked in regards to the Visa/entry into the country? I have only ever been to the U.S using the VWP and those instances were pleasant experiences.

   Thanks in advance for your help.

   Cheers,
   SP.

6. Hi SP,
   Thank you for the kind words and am glad it has helped you in some small way.
   Someone else on one of the posts had a similar issue and unfortunately the application fee paid in one country does not apply in another as the US Consulates in Australia require the Australia Post receipt. It is unfortunate for you given your situation but they are very particular about these things.
   When you enter the US, usually the Customs and Border Official may ask you what your job title is and what the nature of the company you are working is but they also may not. Many officials are unfamiliar with the E3 visa as it is so rare and often look up their manual or ask a colleague while processing you. Generally it is very straightforward though and not too much different from entry on the VWP. REMEMBER to fill out the white I-94 for, and NOT the green 1-94 form they will give you on the plane as the green one is only for tourists.
   Happy New Year,
   CJ

7. Dear CJ,

   Thank you for your prompt reply. I really appreciate it.

   Have a wonderful 2010!

   Cheers,
   Sharanya

8. Ive just received a copy of my approved LCA form. Next steps filling in the DS-156 online… I am being asked for my receipt or petition number – but I cant see this anywhere?? What is this?, do I mark that I do not have this yet?? Help!
   Thankyou, Bridget.

9. Hi Bridget,
   The form is now the DS-160 form as the DS-156 form is no longer in use. The Petition number is on your LCA document at the bottom titled “Case Number”. This is so they can verify your application but it is really more terminology and more relevant for H1B visa applications rather than E3 visa applications.
   CJ

10. Hi there,

    I do have a quick question, is it easy for my employer to set up an eta account to lodge the LCA, and what happens on the form if the job is commission based? are the lowest and highest salary levels just a guideline?

11. Hi Lauren,
    Yes the ETA-9035(e) form can be lodged online simply by any employer. The salary amount is critical to getting an approved LCA as you must be paid the effective equivalent of what an American worker’s average salary would be in the same field and city that you are working in. So those directives provided by the Department of Labor are important.
    Good Luck,
    CJ

12. Hi there,

    I was approved for the E3 visa in March and am now living in the states – woohoo! I live close to Harvard university and would really love to take a course there while I’m here.

    Am I able to study while on the E3? The study would be part time, related to my full time job and I would obviously be full fee paying. Do you know if I’m allowed to enrol on the E3? I’m struggling to find this info on the web!

13. Hi Michelle,
    Yes you can study on the E3 visa. Enjoy Cambridge and Boston as it is a beautiful part of the world in the Summer and Fall.
    CJ

14. Hi CJ – this is an fantastic website!!! Thanks so much for all this information. It really helped in my E3 process. I had my interview last week and my visa was approved (yay!). I was just wondering if I needed to buy a return ticket or if I could just get a one way flight. Would it create an issues at the border as when I’ve travelled under the visa waiver program, I know that having a return ticket is essential … I just wasn’t sure if the same applied to an E3 visa as it is valid for 2 yrs. Thanks so much!!!

15. Hi Saskia,
    Thanks for your complement and congrats on getting the E3 Visa. No you do not need to buy a return ticket on the E3 visa as opposed to the Visa Waiver Program as they know airlines don’t issue tickets more than a year in advance.
    CJ

16. Hi CJ

    I am currently in the US and have found an employer and they have filed an ETA-9035 and currently waiting a response. I think i read this takes about 1 week, is that correct.

    In the meantime, I have been trying to schedule an appointment and an Embassy that will schedule my appointment and process the visa the quickest. I saw that Nassau Bahamas was quick processing, but when I called them they stated that they dont process first time e-3 visas, but rather only renewals. I am also unsure from what I read if the Bridgetown Embassy processes e-3 visas either. i would hate to go there only to find out they don’t process e-3 first time visas.
    Can you recommend a couple of US Embassies for me to use which definitely process the e-3 visas and are relatively quick. My employer wants me to start asap and don’t want to loose the employment because of this.

    Many thanks.
    Ben

17. Hi Ben,
    Yes the average wait time is about 1-2 weeks for the ETA-9035(e) filing with the Department of Labor to get your LCA. Some people use Costa Rica and Mexico but otherwise despite the wait times, Canada is probably the only other close one. You just have to check the various consulate websites to the individual wait times.
    Good Luck,
    Cj

18. CJ,
    Great website mate,
    I have been in and out of the US on several types of visa’s (including a green card which is now expired) and have been offered an amazing job in Arizona which I am going to use the E-3 route. The job I have been offered is a managerial position but what they are offering me is far less than the prevailing wage I have found on any of the surveys.
    Am a little confused as to how to “advise” my prospective employer how to handle this situation. I am not taking this job for the $’s, its more for the love of the industry (which I will go into at another time)

    Can you advise how to handle this “prevailing wage” issue?
    Cheers
    Wade

19. Hi CJ,

    Thanks for all the info…

    My wife & I are currently living in New York on the B1/B2 Visa, once I have my approved LCA can my consulate interview take place within the USA or do I have to go to another country, such as Canada? Will I need the self-addressed envelope to my NY address, pre-payment etc

    Also, do I need to complete Form I-129 and will my wife need to complete Form I-539?

    Thanks

20. Hi CJ,

    I’m an Aussie living in London, but wanting to go to LA this year to try and get work, and hopefully, and e-3 visa. (I have a Bachelor Degree and would be looking for a PR job). Just wondering if I HAVE to buy a return ticket or if I can just get a one-way flight from London to LA??

    If I do get an offer of employment – I would then purchase a return flight from LA to Sydney, so that it covered me travelling back to the US. You get my drift?

    A lot of people don’t get asked for proof/receipt of a return ticket when they enter the US. How will border control know that I don’t have a return ticket to London when I first enter?

    Many thanks,
    Claire

21. Hi there, I have a friend that is a U.S. citizen and he is looking to start a legitimate business and then hire me on an E3. My question is: Will there be any problems with the size of the business (being small) and the fact that it is a new business?

22. Hi,

    Congratulations on your web-site, it is the most comprehensive and clear on the topic of E3 visas that i have found.

    I have a job offer from a US employer. I am an Australian citizen, with a Bachelor’s degree in computing, the job is in the same field and i have 10 years relevant experience so I am confident i fit the criteria for an E3 visa.

    The potential employer has not hired someone on an E3 Visa application (or any visa for that matter) before and are not exactly sure of what details are required on the ETA 9035E form to submit Labour Condition Application (LCA) to the dept of labour.

    The form they are proposing to use can be found at http://www.foreignlaborcert.doleta.gov/pdf/ETA_Form_9035_2009_Revised.pdf
    I believe this is the most recent one.

    In particular they are unsure of prevailing wage information required on the 9035E is not entirely clear. The data below was obtained from the Foreign Labour Certification Data Center (http://www.flcdatacenter.com/OesQuickResults.aspx?area=37964&code=11-3021&year=11&source=1).

    Area Code: 37964
    Area Title: Philadelphia, PA Metropolitan Division
    OES/SOC Code: 11-3021
    OES/SOC Title: Computer and Information Systems Managers
    Level 1 Wage: $42.69 hour – $88,795 year
    Level 2 Wage: $55.06 hour – $114,525 year
    Level 3 Wage: $67.44 hour – $140,275 year
    Level 4 Wage: $79.81 hour – $166,005 year
    GeoLevel: 1

    The potential employer is not sure which of the 4 potential wage levels should be used on the application. Is there any minimum Wage Level category required for a position to be considered eligble to recruit under the E3 visa?

    In particular i am concerned that if the level is too high, then the salary they are offering would not match the prevailing wage data.

    Also, They are a startup company so they only have 4 employees at present. Does this have any impact on likelihood of getting LCA and / or and E3 Visa application approved?

    If you could provide any guidance it would be most appreciated.

    thanks

    James

23. Hi CJ,
    thank you for your great site it is awesome
    I am arranging all the required info for an E3 Visa application for my prospective employer in the US (I am doing all the leg work as they are really really busy with the start of the ski season. I will be designing ski racing wear which is my specialty)
    I am looking at the LCA form 9035E I have a few questions.
    1. Are my details name address supposed to go anywhere in this form?
    2. Question on Page 4 because I am applying for an E3 should my employer fill out this information regarding the H 1 B ? and what does it mean is the employer H1 B dependant?
    I want to make it as simple as possible for them and this form is confusing, is there anyway you could post a dummy LCA9035E filled out for us dummies just for reference say for John Smith the IT expert????
    Also Thanks to James for your info on finding the wage rate this was really really helpful, I have looked at it and I agree with you on finding where you should list yourself in the wage area I think if you read it again and click on the Zone Job explanation you will find where you fit it to the scale. Great wages wish I had done computing! Oh well I will just have to put up with being a Ski wear designer and testing products in Vail!!
    O*Net™ JobZone:
    Education & Training Code: 4-Work experience, plus a bachelor’s or higher degree

    Cheers and Thanks Marieka

24. Hi,

    Thanks for providing a very central location for all of this information, it is invaluable in working out the E3 process for my potential employers whom havent sponsered before.

    I was just wondering (and it may have been answered elsewhere and I missed it) am I required to have a return airfare on an E3 visa? I am currently looking into moving costs and was wondering about it.

    Cheers
    Aaron

25. Hi Wade,
    Sounds like you have had an interesting life. The prevailing wage is a prerequisite of getting an approved LCA prior to applying for the visa itself. So it may just be a case of needing to restate your job role so it can match the wage such that it meets the prevailing wage.
    Cj

26. Hi Norm,
    Thanks for the kind words.
    There is no US consulate in the US. You can do a transfer to E3 status from the B1 visa via the USCIS within the US. However the negative of that is that anytime you leave that you will still have to apply for a new E3 visa. So maybe going to Canada will benefit you. Form I-129 is necessary for transferring within the US or for doing an H1B visa.
    Cj

27. Hi Claire,
    Often the airline has to check prior to you boarding the flight to the US that you have a return ticket if you are traveling on the Visa Waiver Program as if you get rejected at the border, they are the ones that have to fly you back at their expense. The people they tend not to check are those with long term work/student visas where a return flight is not an option. So yes you may not be asked but that is a unknown both at the airport when you check in or at the US port of entry.
    Cj

28. WARNING FOR ALL E-3 VISA APPLICANTS APPLYING IN CANADA (my personal experience)

    I hope this post saves people allot of time, money & distress …

    I was living in New York on B1/B2 visa, recieved a job offer and decided to head to Canada to apply for my E3 visa. I had all appropriate paperwork, including certified LCA, employee supporting letter, job offer etc… We arrived at the US Embassy in Ottawa to have our E3 visa approved and we were subsequently advised that they cannot process new E3 visa applications at their post, despite us having received differing advice from the USCIS hotline, our immigration lawyer and many colleagues who had received the same Visa from Ottawa (and many other US consulates outside of the US, including Bahamas & Montreal).

    Our case was not considered, rather, as a principle it was rejected at the outset. We had ALL the correct paperwork. We were told to go back to our home country for the visa. I do not understand how an appointment was able to be processed, including payment of MRV fees ($390USD each) for an originating E3 visa application at Ottawa if in fact, as the officer stated, all are rejected. We are extremely disappointed, and now have to travel back to Sydney to finalize our visa, costing us allot more time and money. The overall trip cost us almost $3000USD – and now we have to travel back to Sydney and pay another $900AUD in MRV fees plus flights etc…

    Apparently, they are taking a STAND to new E3 visa applicants because US embassies are unable to verify an Australian Bachelor’s degree (they did, however, say that they do handle E3 visa renewals). Needless to say, we were devastated, pleaded with the official and he simply walked away from the interview window – he was rude & righteous.

    We chose the US embassy in Ottawa as they had the shortest WAIT time – as my employer wanted me to commence work ASAP. Now we know why they have the shortest wait time – they are extremely rude & beauracratic.

    Also, we were lucky to even get back into the USA at all! Because we were told that they do not renew B1/B2 I-94’s so easily – luckily, we got through.

    In short – DO NOT GO TO THE OTTAWA EMBASSY FOR NEW E3 VISAS – thanks to US beauracracy, my wife & I have thrown away alomst $5000USD and 2 weeks.

    Best of luck on your journey!

    NR

29. Hi,

    I was just wondering whether indviduals on the e3 visa were restricted from starting a business (be it in addition to holding the original job that enabled the visa)?
    Thanks!

30. I’ve made my first time application at the embassy in Ottawa, however after reading various posts where the first time E3 applications were rejected at this embassy, I’m reconsidering the location. Does anyone have any other experiences in applying for the first time in a US embassy OUTSIDE Australia? (I’m in the US right now and a trip home would be way too much)

31. Just as a follow up- the Consulate in Ottawa emailed me in response to my question about whether or not first-time applicants should apply in their country of residence. Their answer was a plain and simple ‘yes’. I wouldn’t risk going there, even with degree certification. If you are still thinking of doing that, I would get my degree verified first. There’s an organisation called the International Education Research Foundation that verifies an Australian Degree and its US equivalent. Try them.

32. Hi there,

    I’m looking to get an E3 through a company like CXC global who manage the payroll and invoicing for you. My intention is to be able to take on more than 1 client whilst here.

    I was working for an american company in the UK, and I was hoping they would sponsor me but it looks like they dont really have a need for me here in this same capacity. So I wanted to work part time for them in the US, and then take on other clients.

    my question is – I heard that all CXC Global E3 visa’s are being rejected, and you need an actual employer to sponsor you. Is this the case all over the world? I was planning to apply in LOndon. i’ll have an actual offer of employment – I just dont want this company’s name on the visa..

33. Hi,
    I’m an E3 dependant waiting to join my husband who is in the US in Spetember.
    THe lady at the SSN office apparently told my husband that I wouldn’t be able to apply for an SSN since i’m a dependant.

    Is this the case? Does this mean I wouldn’t be able to apply to jobs either?

    Shalini

34. Hi Stephanie,
    The E3 visa is an employment visa which allows people to work for a specified employer and doesn’t allow you to start a business.
    Cj

35. 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

36. Hey there,

    I have a couple of questions. Firstly do all first time applicants to an E3 HAVE to apply from Australia? I am potentially travelling over for a few months on the VWP and it would be much more convenient if I was able to apply at a consulate outside of the US but close by (some examples perhaps? Does the Bahamas count?) Also, do the US govt or dept. of immigration monitor the wages you are receiving with the job you are working with your E3 ? I have heard no but when you attempt to either 1) switch jobs and transfer your E3 to a new position or 2) attempt to renew your E3 for the same job after 2 years spent working they look at pay slips to monitor how much and if you have been paid?

    Thanks
    Patrick

37. Hi,

    if I’m on E3 and not married to my girlfriend, can we still apply for E3D once we get married?

    Cheers

38. Hi,
    I am an Australian national married to a H1B holder, and I am on a H4 spouse visa. I would be applying for an E3 visa soon. My potential employer suggests I go to Ottawa as the wait times are far less than going home to Sydney. Is it true that first time applicants get rejected in Ottawa? I would not want to take that risk. I also have an Australian Masters degree – do I need to get that verified to apply for E3?

    Kindly advise,
    Cheers

39. Hi MV,
    Yes you can apply for the E3D after you get married but you have to careful with all the timings of your application and having all necessary proof documents as well as the fact that in most cases it has to be done outside the US.
    Cj

40. Hi,
    I’m an Australian living with my parents in India, I have job opportunity in US, now my question is can I apply E3 visa in India or should I travel to Australia to obtain it. Please help me out.

    Cheers
    Santosh

41. Hi CJ,
    Your information is fantastic on this website. I need help with the following as I can nit bet a straight answer from anywhere and/or anyone
    1. I am currently in the US- I have a job offer so;
    A) can the employer file the ETA 9035E while I’m still in the country? And before I leave for my interview.
    B) can I interview on canada for the first time E3 visa and sit it out over there until it’s approved? And howmlong would this take approximately? Could I travel to Europe while I’m waiting for approval?
    C) I dont have a degree, but my job as a real estate property manager of residential
    and commercial property does require a bachelors degree in the united states only,I have been employed in tHe industry for 12yrs as a manager, therefore, wat r thechances of this being approved as a ‘specially occupation’
    Any help I could get in this would be so appreciative as I have an attorney and even they can not give me the answers, as they say this is a new visa and not many are familiar with it!
    Thank you in advance. Tina

42. Tina here are the answers.
    1. Yes they can file the ETA-9035e while you are in the US
    2. Technically you can apply in Canada for a first time E3 visa although many are reporting they are discouraging this. Best advice is to call whatever US consulate you go to in advance. Processing following an interview takes usually only a couple of days but wait lists to get an interview vary. There is a US Government website that covers this. If you want to travel to Europe you should probably do your E3 visa application there
    3. Your chances are as good as the proof you are able to provide confirming your experience, the role to which you are applying and the belief the consular official has in your history. People have different experiences on this and the Visa Resources page has links you can use but the best advice I can give you is to get as much proof as possible.
    Cj

43. Hi CJ,

    Thank you very much for your reply. It was very helpful.
    You are right, I will put together as much documentary evidence as possible regarding my work experience. I have also come across a site that looks at the work experience in relation to a US bachelors degree equivalency.
    Also, the information that you provide/provided on this site is unbelievable! It is the most informative site concerning US visas. Im sure that you and your site have been helpful to many. It has certainly helped me a lot. Thank so much. Keep up the good work!!

44. I arrived in the US on E3 in January. Am i able to travel out of the country on vacation for a couple of weeks without issue?
    Also, it is best to renew the visa when the 2 years is up rather than extend, due to having to reapply for the visa if i was to leave the country for vacation after the extension?
    Thanks, ive been trying to understand all of the information here, and just need a little clarification.
    Thanks in advance, and thanks for a great site!

45. hello! does anyone know if Paris is one of the cities that you can go to when leaving the country (instead of returning back to Melbourne)? I’m assuming it would be but can’t find a definite answer anywhere so I thought i’d ask here!

46. Hi Noemie,
    If you have to leave the US to reset your 90 Day period for example then anywhere that is not North America is fine.
    Cj

47. Hi CJ,

    Thank you for your website. It has been a source of comfort while I have been living and seeking work in New York. I have been in touch with the US embassy in Canberra to ask whether I can apply for the e3 visa from the Toronto US embassy. This is their response:

    “Dear Maria,

    Thank you for writing to U.S. Visa Service Desk.

    In regard to your query, it is mandatory that first time E-3 visa applicants should apply their visas in Australia. No other countries aside from Australia will accept first time visa application for an E-3 visa.

    Please refer to this link for your reference http://canberra.usembassy.gov/e3visa/apply_search.html.

    Do let us know if you have any more queries.

    Sincerely,
    U.S. Visa Service Desk”

    When you click on the link provided in the email, there’s conflicting statements. It says “you have the right to apply at any U.S. Embassy or Consulate which processes nonimmigrant visas, but you cannot apply from within the U.S” and it also says “first time E3 visa applicants will need to apply in Australia.”

    I believe their Email is inaccurate and I’m able to apply from Toronto as a first time applicant of the e3 visa?

    Thank you,

    Maria

48. Hi Maria,
    The fact they are responding via email to your questions directly is a lot better from past years. At end of day it is up to to the specific US consulate in question to decide whether to process any visa application. So if you want to try any Canadian based US Consulate, contact them in advance and see what they say. Likely based on what we have been recently hearing they will say the same thing as Canberra, however there might by US Consulates based in Mexico and Central America that might say something different.
    Cj

49. Hi,

    I recently went to the US to look for work. I have a Bachelors degree in Business (major in finance) 3 year degree, with 2.5 years experience as a Business Analyst / Junior Strategy consultant at an IT company. Also working towards CFA level 1.

    I found it quite difficult to get companies willing to consider me as they weren’t willing to take on an international for junior roles, and for the roles i did get offered, they wanted an IMMEDIATE start, and since i couldn’t do that as i’d have to travel out of the country to get my E3, I had to reject the offers.

    Any advice on how to get a job in the USA? I know I am a strong candidate, however, it seems companies are only willing to take individuals that can start work immediately. Need advice PLEASE =)

    My family have moved to the US, so i am definitely hoping to find something asap.

    Thanks !

50. Cherise persistance is honestly the key as it is not easy no matter what your background is. Your situation background wise is normal as is the general nature of the majority of employers. All I can say is read all the posts that are linked here and the comments for other people’s experiences as well as some of the recent posts we have done on locations, companies and job types that have greatest hiring numbers for foreigners.
    Cj

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