20 thoughts on “E3 Visa 2013 Common Questions Answered”

1. Hi there,

   Thanks for your fantastic website. I am employed by a usa company on an e3 visa – Just wondering how can I check if I am classified as a W2 or 1099 for taxation sake? My boss would like to know. Im guessing since I get paid a regular salary I am W2?? and also with the E3 visa is my company considered my ‘sponsor’.

   Thanks for you help!

2. Nic if you are paid a regular salary and are having your taxes withheld then you will get a W2 statement from your employer after the conclusion of the year. Yes an employer is considered your sponsor.
   Cj

3. Hello,
   This website is awesome. Thanks so much.
   I am wondering if I can work on a part-time or casual basis with one employer on an E3 visa – is there a minimum salary that consular officers look for? And, when it comes to renewal, do consular officers look at your tax returns to check that you have been earning a certain minimum amount?
   Also, do you know anything about transferring from an E3 visa to an O visa?
   Thanks again.

4. Mimi you can work part time with multiple E-3 visas but have to be officially sponsored by each employer. You also need to be paid the prevailing wage (https://visacoach.org/2013/05/13/prevailing-wage-how-much-does-a-foreigner-need-to-be-paid/) as a minimum level of salary given your profession and location. The jobs also have to pass the bachelor’s degree and specialty occupation criteria (https://visacoach.org/2009/05/22/e3-visa-the-bachelors-degree-specialty-occupation-conditions/). Consular officers do not look at tax returns for renewal but in theory they could ask. You could transfer from an E-3 visa to an O-1 visa, however the O-1 visa requires a lot more proof and documentation and also application costs.
   Cj

5. What an informative blog. So glad this exists!

   I’m 38, have a law degree and worked as a lawyer for 8 years. Some of my work related to dispute resolution and mediation. I’m looking to get an internship with an organisation in California that is basically a youth mentoring program to stop bullying and isolation, to help kids engage and connect with each other so they see we’re all the same, all have the same sort of issues and therefore bullying etc should stop. It’s basically unpaid so don’t think I could try for an E3.

   What would my chances of getting a j1 professional career training visa on the question of related training? Seems like it’s stretching the concept of ‘related’. Also could I later make it an E3 if they offer me a job after the training?

6. Can I renew my E3 visa 5 months early before expiration period if I’m currently in Australia to save another trip back? If not, how long before expiration period should I allow for E3 renewal? Thanks

7. Fiona you are correct that you would not be eligible for the E-3 visa for such a position given the prevailing wage condition primarily. You would in theory be eligible for the J-1 visa PCT program, however bear in mind the 2 year residency rule following your visa (https://visacoach.org/2009/12/23/j1-visa-2-year-residency-rule-waiver/).
   Cj

8. Lauren there is an unofficial guideline that says 90 days within expiry is the earliest before you can renew, however dependent on circumstances that may not apply in all cases. Likely 5 months would be too early but you can always ask the US Consulate relevant in your case.
   Cj

9. Hey there,

   I just accepted for a job and am going through the process for the E -3… I’m in New York and want to do a consulate interview in Toronto as it’s closer and cheaper to travel, but as it’s my first time applying do I have to go back to Australia to do it? I’m currently on my second J-1 if that matters.

   Thanks !

10. Aidan ultimately some people have been able to do it first time in Canada and specifically Toronto and others have had issues for a first time E-3 visa. Because you have had approved J-1 visas you are in their system and have a history and a lot of checks but ultimately it is at complete and total discretion of that US Consulate. You should call them in advance and regardless of Toronto, another Canadian US Consulate or elsewhere in the world, make your appointment as far in advance as possible as interview dates are tough to get at short notice.
    Cj

11. Hi,

    Thanks for sharing the info on E3 visa its very helpful. I read somewhere that you can enter the US only 10 days before your Job commencing date, is that true? if not does that mean as soon as i get my visa i can go there and start settling down even if my job was starting only after a month?

    Thanks 🙂

12. Puja that is true you can only enter 10 days before the start date on your E-3 visa stamp.
    Cj

13. Hi CJ,

    I just wanted to say Big Thank You for all the hard work you have done by providing the information on E3 Visas.

    Here is a quick question:
    We recently moved into our own house, just on the same day of my home loan settlement I was notified about my redundancy (October ’13) & my wife has also lost her job in December ’13 🙁 , since then we couldn’t find a decent job. So we have decided to move to US & one of the company is willing to sponsor for E3 & they are about to file LCA in weeks’ time.

    Now we seriously considering to sell our house as it is financially cumbersome, does this have any impact during the interview with US consulate…. Also I am not an Australian by birth & I don’t have any family in here..I also have an investment property which I’m planning to hold to it for now.

    Once again many thanks for your help.

    Thanks

14. Hi CJ,

    Regarding the US entry date and the job start date.

    My E3 stamp says the issue date is: 14th May 2014.
    My job start date is 16th June 2014. I’m not sure if the job start date is shown on the E3 stamp..

    Does the 10 day rule apply to the E3 issue date or the job start date?

    Thank you!
    Tina

15. Tina if your E-3 Visa stamp date is May 2014 then that is when you can enter. The only dates on the visa are start and end dates and no additional dates like job LCA dates.
    Cj

16. Hello,

    Regarding E3 visa, I hear that I can sponsor myself through LLC or C-Corp option. Could you please explain and whats the process and documents required?

    Cheers
    RK

17. Hi I am currently in Alaska on a B1 B2 Visa and have a job offer in an Engineering shop.
    I have sent my work history off to CCI a Foreign Credential Evaluation Service and they have obtained a US Bachelor degree in mechanical technology. So my Employer is filing for a (LCA) for non-immigrant workers, Form ETA 9035E. Will I have to leave the United States to apply for the actual E3 Visa?
    Regards Paul

18. Hi CJ,

    Thanks for all this very helpful information you have put together. Really this website nails so many issues about the E-3.

    I have a quick question with regards to E-3 in combination with W2. I am an Australian citizen that have a job offer to work as an independent contractor on a software company but they cannot sponsor me. From the research I have done it looks like I need to go through an umbrella services company to get the sponsorship but they charge an enormous monthly fee to do so. Is this the only way I can do it? What does an employer need to give you sponsorship? Thanks in advance.

19. Thank you for your valuable insight and providing us with all these details about the E3 Visa. My question is: Are you eligible for any contract work (like MS or Boeing typically do in Washington) or does the E3 only apply to FTE positions? Thanks again!

20. Hey there, quick question – are aussies on the e3 allowed to work as consultants, so submit a 1099 (even if the consultancy work is for the company who is sponsoring the e3)? In other words, submit both a W2 and 1099 (with same employer)? Thanks in advance

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