E3 Visa 2013 Common Questions Answered

The E-3 visa while only allowing a maximum of 10,500 visas annually and even that quota only is barely half reached each year continues to be one of the most sort after materials on this site. Today the E-3 visa is only available to Australian citizens, although their spouses on the E-3D visa can be of another nationality. However there is a strong push for E-3 type visas for both Irish Citizens and South Korean Citizens.

For E-3 Visa 2011 and E-3 Visa 2012 we did a Frequent Asked Questions post comprising the most common questions we had been asked over the past few months in the comments section. In most cases the answers already existed in other articles on the site which we have referenced below. However we found that a brief common questions article annually is well received by our readers.

1. How long can I remain in the US after my E-3 visa expires?

If your E-3 visa has an expiry date of June 1, then you can remain in the country for 10 further days and should leave by June 11. In actual terms it is the date on your white I-94 card that is your true final date for leaving the country and this maybe greater than 10 days because you may have renewed your E-3 visa within the US. In practical terms most people who do leave after this period but within about 120 days and experience no issue with new visas and reentry to the YS, however technically this is a violation of your entry to US terms.

2. Can I do an Internship on the E-3 Visa?

Technically you could do an Internship role on the E-3 visa if it paid a proper salary that met the prevailing wage requirements. However in practical terms the E-3 visa is for professional workers in specialty occupations with a minimum of a bachelor’s degree or equivalent work experience. The J-1 visa is the designated visa type for internship and trainee type opportunities and has a more suitable set of criteria for Intern candidates.

3. Should I apply for the E-3 Visa of H-1B Visa?

Below we did an article with a link comparing the differences between the H-1B visa and the E-3 visa. There is many reasons why would choose one over the other based on current US Immigration regulations. The H-1B visa spousal visa, the H-4 visa does NOT allow them to work whereas the E-3D spousal visa does. The H-1B visa is explicitly a dual intent visa allowing for your employer to sponsor your Green Card under common types like EB-2 and EB-3. The E-3 visa does not forbid this but does not explicitly allow this either although few people have recorded issues doing this. The H-1B visa has a strict quota, high filing fees, is open to world, only allows work commencement from October 1 of that year and a set application time that is already closed in 2013 and wont reopen till April 2014. The E-3 visa can be applied for at any time, has a quota that has never been reached and has no filing application fees. The H-1B visa is for 3 years and is renewable once and the E-3 visa is for 2 years but renewable indefinitely. Finally the H-1B allows for much easier transition between employers with the portability provision whereas the E-3 visa is far more lengthy and practically speaking is often better to leave the US and get a whole new E-3 visa for new employer. Ultimately given all this it depends on what you need in your specific case to see what works best.

4. How does the proposed US Immigration Reform in 2013 effect the E-3 Visa?

There is no real change for current E-3 visa for Australians in terms of the visa itself. There is potential side benefit on the Green Card side as documented here, however that does not change the lack of dual intent condition for the E-3 Visa application and the grey area with Permanent Residency. However within the proposed Immigration reform there is proposed new quotas for E-3 visa for Irish and South Korean Citizens.

 

Our E3 Visa Resources:

– E3 Visa General Information
– Getting a job on the E3 Visa
– Explaining the E3 Visa to an employer
– Going to a Green Card from the E3 Visa
– How much does the E3 Visa application cost?
– E3 Visa US Consulate Interview
– Transfer to an E3 Visa from another US Visa
– E3D Visa – spouse and dependent visa for the E3 Visa
– Step by Step Guide to your E3 Visa
– Social Security & Healthcare while on the E3 Visa
– Extending, Renewing or Changing Employers on the E3 Visa
– E3 Visa Renewal without US Consulate Interview
– How Does the E3 Visa Differ from the H1B visa
– E3 Visa Job Information
– E3 Visa Employer Database (exclusive)
– E3 Visa Bachelors Degree and Specialty Occupation conditions explained
– E3 Visa Demonstrate Residence Abroad condition explained
– E3 Visa concepts explained in easy to understand language
– Do I need a lawyer for the E3 Visa process?
– Laid off on the E3 Visa

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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. 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

  8. 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 !

  9. 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

  10. 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 🙂

  11. 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

  12. 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

  13. 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

  14. 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

  15. 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

  16. 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.

  17. 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!

  18. 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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