17 thoughts on “E3 Visa 2012 Common Questions Answered”

1. Hi there! Two things:
   1) Thanks for all the useful info on this site. The various info on this site plus a few others were of great help when I was applying to switch from my OPT to E3 (in fact, it was F-1 to F-1 to OPT to E3)
   2) On the first bullet you have up there, would I be correct to assume that if I want to pursue a part-time consulting position on the side (I have a full time job), I would need them to apply for an LCA as well? If they do, what more do I have to do to get permission for this? Alternatively, would I be allowed to set myself up as a ‘consulting company’ and take in consulting jobs that way?

2. Hi Jason,
   You need an LCA legally for every job you do under the E-3 visa. Technically you can setup a company but in reality your LCA would probably be declined b/c you need to show history and tax ID information on the ETA-9035e application to get your LCA. You can have multiple employers under the E-3 visa.
   Cj

3. Good to know. Thanks for the feedback!

4. I have an E3 Visa. Can I work on personal projects/concepts in the evening (in my own time) if they may develop into sellable products? What about contributing to open-source software projects?

5. Hey CJ,

   Many thanks for keeping such an informative website – I have been reading every other day for the past 1-2 months since I discovered this, and you have been a great go-to person for advice for all, so thank you very much!!

   I am writing because I am about to send an email to an interested sponsor in NYC USA, highlighting the steps he would need to take in writing an employment letter and filing online LCA. I have a few questions and would greatly appreciate your reply!

   1. I have a degree in Communications. The job is with a production company, doing marketing, communications, teaching and producing. I am looking at the foreign labour certification website (ETA form 9035 instruction attachment), where it lists the job titles and their ‘3 digit dot / 8 digit net codes’. Would “131(dot) – 27309999 (net) Media and Communication worker” or “159 – 27‐2012.01 Producers” fulfil the E3 criteria of “specialised field”? Is this the correct info for the LCA?

   2. When you say we have to “note your job title and salary and what source you have used for the minimum average salary” on our ETA-9035e application – Where do we find these sources? Can you link me to one? Or am I correct in saying the Foreign Labour Certification Data Center website you linked us to above, is a source? (http://www.flcdatacenter.com/OESQuick.aspx).

   3. The job I am being offered is currently part time, with the intent of becoming full time. Would I recommend my sponsor write “part time” on the LCA? And is it best to say “hourly wage” for the salary section (because this will very every week)?

   4. Because I am beginning part time, I will do my best to get a second part time / freelance job to support myself. I assume this is easiest to do when I arrive, so when you mentioned we can have several part time jobs, as long as we have our employer file an LCA; – “listed E3 Visa stamp in your Passport with an approved LCA for each role” – HOW do we get this “stamped” in our passport after we have already been accepted into the USA on one part time accepted position? Or do you mean – as long as the E3 has already been approved for one job, every job you get offered after that needs an LCA filed? If yes, what do we do with the LCA when it has been filed?

   5. How do I file an LCA for “freelance” work, which may be very infrequent or once off jobs? Is it essential?

   Lastly, does the US government check (maybe via social security cards), where our income is coming from i.e. freelance jobs without an LCA? And also, how do we apply for a social security card (I think I read it in one of your blogs). And healthcare – can we expect a part time employer to provide us with health care, when essentially they’re helping in giving the opportunity to legally work in the USA, what is your advice on health care?

   THANK YOU SO MUCH CJ!! In advance I am so appreciative – sorry for the detailed questions, I am as determined as you to do this all without a lawyer, and I promise I will write an update and blog to help others, when I have entered the USA on an E3 visa. Your services are highly appreciated.

6. Hey CJ,

   Just another quick question – what do we ask the employer to include in an employment letter? Would I be correct if it included; sponsor’s personal details, company details, why they’re hiring me (?), the job title, roles of the job expected of me, part time or full time, hourly wage (?), length of duration for the job (i.e. 2 years)? Is there anything else? All your advice is much appreciated!

   J

7. Hi Jillian,

   1. I am not sure I clearly understand what the job is you are applying for or the certification codes you are specifying with their titles. Ultimately is your job title and role itself that defines the code needed for the LCA form and level of pay. Their no exact science to choosing this or 1 correct answer but overall it must pass both Bachelor’s Degree and Specialty occupation criteria along with the prevailing wage.

   2. That site is a recognized source so would suffice for the ETA-9035 application

   3. If your job is part time and going to be paid hourly you are going to run into a number of issues. The jobs while can be full time are generally required to permanent salary positions. This is not a guaranteed deal breaker but is going to raise a lot of red flags in your process meaning everything else gets scrutinized more

   4. You can get other Part time roles but they also have to meet the criteria I mention above which is your case is sounding difficult at best. Also if you are applying for an E-3 visa that is just part-time, the US Consulate can require you how to plan to support yourself with current assets based on that lower income and saying you will get other jobs is not an answer that generally works.

   5. The E-3 visa is not for freelance or contract work really at all so that will almost certainly not work legally.

   6. The US Government doesn’t check as such where your income is coming from in practice but could if they wanted too. Hence why so many people get away with working illegally usually at low paying or cash paying jobs. However the IRS is another story separate from Immigration and b/c you need to file a tax return every year noting everything that can get ugly if they suspect anything funny. You can apply for a Social Security number if you have an approved work visa like the E-3 visa and have already entered the US. You will need this not only for most jobs but to function day to day in US with banking, phones, health, renting, etc. In terms of healthcare if your employer does not provide if then it can get very expensive very quickly for you in the US. Also with new Healthcare law in the US you will probably be reuqired to have some sort of Healthcare whether employer or self paid. Almost all foreigners who are legally working in the US in professional jobs have employer paid healthcare but that is up to your employer and they don’t often do it for part-time, contract or lower paid workers.

   Extra Question. Yes all that information and anything else relevant about the employer and the job can go in that letter. The more the better and should be on their letter head.

   Good Luck,
   Cj

8. Hi Tim,
   In theory you can do whatever you want, however legally speaking you can’t earn any income from anything in the US that is not authorized by the Department of Labor and USCIS.
   Cj

9. Hi CJ,

   I’m currently working on an E3 visa here in the States. A different company has asked me to become a partner in their business (which is in the same industry that I currently work in). Is it possible to be a business owner and work on the E3, being sponsored by the company that I will also be a partner in? Not sure how this plays out, and if it is allowed.

   Thanks in advance.

10. Hi GB,
    In theory you can, however the job role, wage payment and company approval has to pass the same tests as any other role. So with new companies that often involves being seen to be able to financially pay you as an employee.
    Cj

11. Hi,
    Before i start… fantastic blog – wish i’d found it before i was knee deep in visa apps…
    Just wondering, I am in the final stages of moving over – consulate interview booked – and am thinking about health care.
    The company I am going to be working for isn’t able to offer it for the first 5 months (temp position) does anyone have any thoughts on where to START looking for cover?
    I am annoyingly accident prone (or clumsy) and don’t want to get caught out.

    Thanks,
    Lee

12. Lee with the new Healthcare law in the US it depends on which state you are working in as to what your options. Some states have setup health insurance exchanges where you can select from a range of plans. Different insurers operate in different states but the largest ones are Aetna, Blue Cross – Blue Shield, United, Cigna, Kaiser, Humana and Wellpoint but there are numerous others as well.
    Cj

13. I am an Australian citizen on E3D Visa and have an EAD (currently working), from oct my status changes as my husband got H1B, I am not sure if my employer can sponsor me for an independent E3…if I get a sponsor do I have to go for visa stamping?

    Thanks

14. Hi CJ, thanks for all the useful information. Your site is a lifesaver! I was wondering if you could shed some light on adding an employer to your E3 visa. My E3 visa was just approved by Employer A, however I am looking to work for Employer B. Originally, I would have been working for Employer A full time. Ideally now, I’d like to work full time for Employer B, and part time for Employer A.

    I understand that Employer B would have to submit an LCA etc, but would I need to ask Employer A to resubmit an LCA, and would I need to complete another DS160? Or is there a process in which I can just add the Employer B onto my approved E3 visa?

    Thanks in advance for your help

15. Hi there, I am currently on an E-3 visa and it is valid thru November 28 2018 though my LLC on the LCA is officially ending on Dec 31st due to a transfer in LLC’s as the business changed this year (My role is the same and job too) Does this mean my visa will no longer be valid as the LLC will not exist once it expires on Dec, 31st?

    I have initiated the process of a new E-3 visa with the new LLC number though checking as I am not one hundred percent sure due to a lack of information being available online and blogs have been the go-to vs. goverment websites.

16. as there is a demand for a personal care attendant (aged care worker) does this qualify as a speciality occupation? Please help !

17. Hi CJ, Thank you for being very helpful with visa questions. I am on E3 visa for a specific job and was wondering if I can do casual job such as teaching gym classes with that too. The casual job will not be more than 5 hours a week . Thank you very much in advance.
    Cheers,
    FK

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