E3 Visas

The E-3 Visa is currently a working visa that is exclusively for Australian citizens to work in the US for 2 year stints but renewable indefinitely. There is a push for an E-3 type visa for Irish and South Korean citizens, however that is still pending. It has many of the same characteristics of the H-1B working visa with some important different differences around length, renewal, spousal working ability and dual intent with Permanent Residency.

Here are some more in depth articles from The Visa Coach about different aspects of the E-3 visa experience to help you.



123 thoughts on “E3 Visas”

  1. I am very interested in EB-3 Visa jobs. Is there anyone to assist me in finding a suitable job in the USA?. OR Is there any good websites?.

    WKHAN

  2. I am in the US on an E3 visa and have been offered a to work on weekends for a friends company for extra cash. Is this in anyway possible to do legally?

  3. Hi Holly, It would not be legal to do that type of work unless you filed an additional LCA form to get that position approved as well and then filed your taxes correctly as well for that income. Whether if you did that work, anyone would actually find out or whether it would cause you complications in the future with any potential permanent residency application is for you to weigh up.
    Cj

  5. I’m on an E-3 Visa and currently filing for an adjustment of status (status still pending)with the I-485. Can I still travel out of the States for work on my E-3 Visa?

  6. just thought i’d share my e3 story on an excellent website
    was on e3 visa. got new job offer- this company had 2 sites, each operated as separate company, i.e. i got paid by 2 companies, even though it was basically the one job. i guess technically 2 part time jobs. legal advice said that’s fine, just get 2 LCAs, one from each company, submit one DS160 and make an appointment. have to be aware this is a slight risk since there is space for only one LCA number on the DS160- the lawyer said the guidelines used by the immigration officers are vague on this so it is down to the individual. as a precaution, new employer wrote letter explaining their operation as ‘2’ companies.

    appointment made with toronto (initially wanted vancouver, US government visa wait times said 2 days appointment waiting list- when i went to actually make appointment- 85 day wait list!).

    turned up to interview. i had filed DS160 under vancouver, so i had an extra wait while she retrieved file from vancouver. otherwise got my fingerprints. another wait. she took both my LCAs. said that’s fine. 3 days later i had my passport! day 4 back in USA.

    quick tip re toronto- when making appointment, you have to choose DHL office location to pick up passport- option of brampton or markham. choose brampton. i chose markham- when i looked online to see my passport status and it said it had been delivered, i clicked on the tracking number- took me to DHL site- this said it had actually been delivered first to brampton the day before, before getting moved again to markham the next day. so if you’re in a real rush (which i had been), brampton might get you your passport back a day quicker.

    good luck. seriously, the travelling and waiting is that hard part. visa is the easy part!

  7. Wendy you can travel outside the US for work if your E-3 visa is still unexpired. However generally it is not advised to do so when an adjustment of status is happening.
    Cj

  8. Hi – I have an e3 visa and a sponsoring employer and wondering is it Ok to have my pay go into an Australian account rather than set one up in the US? And can you advise is it possible to work as an independent contractor rather than go on my employers payroll? But only work for that employer of course.

    Thanks in advance and your advice is much appreciated.

  9. Hi Susan,
    There is no technical requirement as to where your pay should go or if it even needs to go into an account at all. However you are liable for all US applicable taxes at the federal and state level. You are meant to be an employee of the company you work for as that is reflected in the Department of Labor ETA-9035e submissiaon to get your Labor Condition Approval (LCA) which is what you need to take to the US Consulate to apply for an E-3 visa along with a letter from your employer.
    Cj

  10. I agree with everyone that this is a fantastic resource for US visa info, so my thanks also for providing this platform.

    I have a question CJ –
    I have an Associate Degree in Marketing and around 7 years work experience in the related field. I have also completed half a Bachelors Degree in Behavioural Studies and I am working as a Senior Brand Manager currently.
    Will this see me through for an E-3 Visa??
    Any help would be appreciated,
    Emanuel

  11. Hi Emanuel,
    It could be valid. As I say in the Bachelors Degree & Specialty Occupation post it is whether they believe that your experience + Academic qualifications to date equals a US bachelors degree and is relevant to the job you are being sponsored for and that the job itself has a criteria of a minimum Bachelors Degree. Ultimately there is no guarantee until you get to the US Consulate interview and that assessing officer has sole discretion.
    Cj

  12. Hi CJ,
    Thanks for putting together this site. It’s an amazing resource for people wanting to know more about the E3 and most non-immigrant visas in the US. By following your information I have been lucky enough to be offered a job in the US!
    Although I may have missed something in your website or book, do you know if your first application for the E3 visa needs to be in Australia? Or could it be processed in Canada?
    Thanks,

    Ben

  13. Hi there, I was wondering if by applying for the diversity ‘green card’ lottery would flag in the E3 application process as a deterrent for issuing of the E3?
    Thank you, Amy

  14. @Mark- Thanks for the tip! We are heading to Toronot in a few weeks with the kids also! We live in NYC and this is the third E3. My husband normally goes to the DR however it seems quicker to Canada with the kids. Can I ask how far Brampton is from the center of Toronto? Its the travelling with kids that is a hassle. We have filled out or DS160 and choose Toronto.

  15. Hi Ben,
    It seems these days they are strongly recommending your first E-3 visa application be done in Australia and seemingly especially not Canada. However people’s experiences suggest they are getting their first E-3 visa in Canada and all over the world, but some have had issues.
    Cj

  16. Hi Amy,
    The Green Card or Diveristy Visa Lottery is completely separate from any visa so has no effect.
    Cj

  17. Hi CJ
    Thank you for providing a fantastic website. You are a fountain of knowledge!

    Quick question – I am moving to NY soon and am prepared for the tough work ahead in securing a job and organising an E3 visa.

    Is it best to enter on a the ESTA program (3 months tourist) or apply for a B1 (which allows 6 months). I heard that a B1 may make it difficult to obtain a E3 visa afterwards. Is that true?

    Many thanks!

  18. Hi Tien,
    If you come in on an ESTA Visa waiver you can’t transfer visas within the country whereas you can on the B-1 visa. However the transfer process usually takes about 2-3 to be assessed and hopefully approved so usually in each case if someone finds a job they leave the US to actually get their E-3 visa at a foreign US consulate. Thus the B-1 visa in the end allows you more time in your quest to search without having to leave.
    Cj

  19. Hi, this is santosh, i had applied for e3 visa in august 2012 unfortunately it has gone for administrative processing and had been rejected, could you please let me know can i re apply now or is there any waiting period for re application, do i need to search a new employer or can i continue with the previous employer.

    Thank you.

  20. Hi Santosh,
    There is no waiting period for re-application but you probably want to know why it is rejected before re-applying as it could be the employer, the job itself or you or a combination of the 3 that could be at fault. So just presenting new evidence may not be enough. Ultimately you can either choose to do the same employer or a new employer but choosing a new employer would eliminate 2 of the 3 issues from being a problem again however that is not to say the same types of things may come up in a new case as you have to be careful now you have 1 rejection on your record to do everything correctly.
    Cj

  21. Firstly thank you for your wealth full of information, in my last rejection the officer was happy with all my documents, academics, he said that he was not happy with the offer letter from employer, he said there were some mistakes in my job contract, could you please suggest me whether to re apply with new documents from the same employer or find another employer, i have also come to know that the application for e3 for my friend with the same employer was successful in another consulate . i appreciate your suggestion.

  22. Hi CJ,

    Why dont you become an Immigration consultant, there are so many douche in NYC you have no idea. Finally, glad to find someone who knows what he is talking about. Seriously, you should start charging mate :)…I will pay but face to face only lol!

    I have a question, when I get a job offer, from than on how long would it take me to start working as in what could be an approximate time I can give to potential employer and I am more worried Are they willing to wait?

    Many thanks

    Urmi

  23. Hi Urmi,
    The quicker way is to do it is leave the US to get your E-3 visa rather than doing a transfer in country as that will likely take around 3 months to get approved (you can’t change from the visa waiver program with ESTA within the US to a work visa like the E-3). So an approximate timeline would be after getting your job offer and agreeing to terms is it takes the employer 7-10 days to get approval and your LCA after filing those documents with the Department of Labor. You need that LCA for your US Consulate interview along with a job offer letter. To get a US Consulate interview at short notice can be tough as people make bookings well in advance so as soon as you are able to make an interview date online do it (this is when you pay your form filing fee). Let’s say you are able to get an interview a week after you get your LCA thenit usually takes 2-3 business days to get your passport back with the visa stamp all things going well. So a best case scenario might be around 3 weeks after you get your job offer practically speaking including travel in and out of the US. Also note once you enter the US on your work visa you will have to apply for your Social Security number.
    Chris

  24. Hi CJ,

    Many thanks for putting this site and sharing the information. It is by far most comprehensive forum I have come across. So thank you!

    I have recently (last month) gained my citizenship and am planning to apply for E3 along with my wife who is an Indian citizen currently on a spouse visa. I have been in Australia for 7 years now and have 3 years experience working in IT and have a masters degree in IT.

    I have a few contacts in the US that can help me get a job and can help me gain E3 sponsorship. However my only worry is that I might not have a strong case where I have just gained citizenship recently and do not have strong “Ties to Australia”

    All my family is in India and I also own properties in India, I do not own a property or do not have a close family member here in Australia.

    In your opinion, what are the things that I can plan and present in order establish strong ties to Australia or even India. Is having a property and mortgage looked upon favorably? How hard do you think it is for non-native/recent citizens to obtain this visa?

    Any guidance will be very much appreciated. Thanks in Advance.
    Priyank

  25. Priyank there is no one right answer to this question as it is up to the individual discretion of a particular US Consular official. So even at the same US Consulate different people will judge differently and maybe even the same person will judge differently at different times. The best thing I can tell you is to bring as much proof of everything to your interview with bank accounts, cars, personal and work references, etc. not to mention supporting docs about your employer and role and hope for the best.
    Cj

  26. Dear Cj,

    I have been using your forum religiously–it’s helped me so much as I find that the e3 visa is still relatively unknown.
    Anyway, I have been in the US since March and I finally landed my dream job at NY Daily News. I intend to apply for the e3 visa from the US consulate in Toronto as a first time e3 applicant. I just wanted to know if I can apply for the DS-160 before my LCA has been approved and certified? My lawyer has left it up to. Any help that you can provide would be greatly appreciated. I am frantic at the moment.

    Thank you!

    Maria

  27. Hi CJ, I just completed my interview at the consulate in Sydney– thanks in great part to your helpful website! I received verbal approval and am waiting to receive my passport with the E3 visa. When I book my tickets to the US, should my return date be the day before my E3 expires or book a one-way ticket? Will a one-way ticket cause problems at the port of entry? On the other hand if I book a round trip ticket with the return when my visa expires, but in the meantime plan to return to Oz for Christmas, will that cause confusion?
    Thanks again for your help,
    N

  28. Hi,
    My boyfriend’s E3 visa expires June 30 2013. We plan to get married May 31, 2013. If I file the I-130 and I-485 immediately after our wedding, will he still have to leave the country on June 30 when his visa expires (while they process the forms)? How long does it take to process the Petition and Adjustment Status? Does his status change when I file the paperwork or after the paperwork has been approved?
    Thanks CJ

  29. Alexa I assume you mean 2014 with those dates but the logic is the same. Legally speaking you would have to file the petition and get the receipt number saying it has been received prior to the expiry date of his current E-3 visa. Practically speaking if this happens slightly after expiry it should still be fine. All things going normally with processing, biometrics for him, Medical exam, interview date it seems to take on average 4-6 months at this point from the moment they receive the application. His status when you have filed the paperwork and is marked as received is that he is allowed to remain in the country while the application is being processed regardless if his visa has expired. If his visa has expired and there is no extention of his E-3 status approved then he wouldn’t legally be allowed to continually work. You should file for his I-765 and Advanced Parole at same time as other forms as this can be approved in the interim which will allow him to work and/or travel overseas if the application processing is delayed if they approve that part. If you file at the same time there is no extra cost. However he should never leave the country while the application is being processed unless he has received the approved Advanced Parole as that can terminate the application.
    Cj

  30. N well done on being approved. You don’t have to book a return ticket with an approved non-immigrant visa because chances are your E-3 visa is for 2 years and you can only book flights up to 12 months in advance. A one-way ticket is not an issue for this case as they know you are working.
    Cj

  31. Hi CJ,

    Thanks for the great website.

    I’ve been on E-3 visas with the same employer for 5 years in california as a video editor. I was wondering if it is possible to do contract jobs on the side while employed full-time. For instance, I’ve been offered to colour correct a short film but I’m not sure if I can legally bill for it as a contractor while on the E-3 visa. I remember asking a tax agent and he said it shouldn’t be a problem tax-wise, but I haven’t been able to get a clear answer whether this is legal.

    Do you have any experience with doing contract work on the side while on a E-3 visa? Or could you suggest a person to ask?

    Thanks

  32. Chris legally from an Immigration perspective you can only earn income from employers that you have an approved LCA for from the Department of Labor and has either been approved outside the US by a US Consulate or internally by USCIS via form I-129. This is as per https://visacoach.org/2013/08/03/multiple-employers-on-your-h-1b-or-e-3-visa/. Practically speaking almost certainly, no-one is going to notice or stop you and paying your IRS obligations is obviously wise for many reasons including future immigration prospects.
    Cj

  33. I have my own consulting company in Australia and wish to do the same in the USA as there are plenty of contract opportunities. For what I do, I do not wish to be employed by any one similar company and would rather setup my own company in the US and sponsor my self on the E-3 Visa and contract out as I am essentially a company expanding/moving to the US. This scenario must be possible. I am a totally legitimate business operator but an immigration lawyer I spoke to said it may been seen in bad faith like I am loop holing the immigration process and would be black marked to never be allowed in the US again on any VISA. This sounded rather OTT IMO.

  34. Clinton what your Immigration attorney told you is largely correct. The E-3 visa is meant to be a professional employee visa not an investment start-up business visa. The only cases I have heard where this has worked is if the company has US citizen co-founders and a US based asset base that legitimizes it as a going concern with employees. If you do have an immigration visa denial on your record that would hinder your chances for any future visa application as you may have to explain the denial each time and would at best face additional scrutiny. My guess is though it wouldn’t even get to this point as when you file ETA-9035e with the Department of Labor to get your approved LCA as part of the process prior to the actual visa application, that it wouldn’t pass that stage if you are sole-trader type company with no US tax history and one foreign owner.
    Cj

  35. OMG…finally there is someone who can understand what we are talking about, when i’m asking about E3-visa i feel like i’m coming from other planet:)
    I’m an Australian citizen living in US,i came here since 4 months with an F2 visa, i have 5 years experience in accounting and finance in addition to my Master of business administration degree and i passed through two interview here in the united state and i easily got both offer but unfortunately none of them accept to provide me a sponsorship even that i informed than i will pay all the legal fees,
    i really need a job and i’m so qualified, motivated,clever and i need a job since we are in short of money since my husband is a student,
    i barely tried to find another employer that can sponsor me but here in Lafayette city, state of Louisiana i didn’t find any sponsor.
    i really feel down that here in such country…where you can find all what you want all what you need…. you cant find a way to be your own sponsor or to find anyway to
    change your status and to have your work permit…
    i’m ready to accept any job offer even it\s 1000 usd/month just if the employer is willing to sponsor me…
    any idea to solve this issue???

  36. Reem thanks for the kind words. There is a lot of information here about how you can go about finding a job, the types of employers and explaining the E-3 visa. It would be tougher in Louisiana than other states in terms of awareness but if your skills are demanded then sure. The Prevailing Wage is an important consideration (https://visacoach.org/2013/05/13/prevailing-wage-how-much-does-a-foreigner-need-to-be-paid/) and you can’t just be paid any salary but you can work part time which would reduce the mandatory minimum amount you must be paid. Being sponsored in the US is a tough journey for anyone so your situation is not unique at all but ultimately the best advice I can give is keep persevering and continue to read the posts and comments on the site.
    Cj

  37. Hi CJ,

    Hope you are well!

    Was hoping you could give me some advice about something given your wealth of knowledge about the E3 visa 🙂

    I was in the US from April – July, did a quick ‘visa run’ to Seoul and returned on July – Oct on the VWP. Unfortunately I encountered I am currently in Seoul, and about to make another trip to the US – this time with family, and only for 11 days to celebrate Christmas and New Year there. Due to my previous questioning at the border as you already know about, I am afraid I will again be detained and questioned.

    On top of that – I had applied for a Canadian working holiday visa, which was approved as this was my plan if I couldn’t find a job in the US. This visa was approved a few weeks ago already.

    However, a recent turn of events (i.e. last week!) resulted in a job offer from an employer whom I had interviewed with a few mths prior before having to leave the US. I accepted this offer, and am now looking to get a lawyer to help me process paperwork for the E3 as this is my first visa and the employer wants me to start ASAP.

    Given you yourself did a visa run and successfully applied for the E3 visa, was wondering if you might be able to provide me with some advice on the below?

    -Given my circumstances, what should I say at the to the CBP officer? I will not be working during my time in the US. I am concerned that if I do mention the job offer (I would be leaving the US to file the visa as per legal requirements) they will bring up my past 6-mth stay in the US and then use this as a base to deny me entry and this may cause issues for me getting my E3 visa.

    -However, If I mention that I’ll be going to Canada (which is my back up plan in the even all of this doesn’t work out) and show them documentation for this, then will this cause problems for me re-entering the US once my E3 visa is granted, given that I told the official something totally different the last time I entered?

    -At the E3 visa interview, how do you respond when they ask you how you came across the job? Since it’s not really allowed to go to the US on a VWP, surely it’s not possible for every applicant to magically land a job in the US from overseas (bar a lucky few?)?

    Any insights or advice would be greatly appreciated.

    See you soon!!! M

  38. Mellie if you have a fixed itinerary to show the border officials (i.e. an exit ticket out of the US back to Korea) then you shouldn’t have any issues and preface that the current trip is a short one with family who will be with you at the border where as the other was a longer one on your own. There is no need to mention anything about Canada which is irrelevant.
    In terms of your E-3 visa interview it is rarely asked how you came upon a job as that is usually obvious from a job ad, via a recruiter, etc. They may ask about prior US visits but that is unlikely if you have complied normally with the conditions of those trips and left the US when you should have.
    Cj

  39. Hello. I have been offered contract work on a project basis with a company here in the USA. I was chatting to an immigration lawyer yesterday and she mentioned that this isn’t allowed (I also thought this is the case with the E3).

    However, I was under the impression that this was not allowed under the E3 as the employer has to essentially ‘sponsor’ me.
    An other firm has offered to help me out and employee me. I will still do the contractor position – they will pay the company I am employed with. I read that there needs to be a employee – employer relationship proven – this would be no problem as I am working externally for the firm who wanted me as a contractor, and would be working closely with the company who employees me.

    I realise the issue with contract work is that you are responsible for filing your taxes and that you not really sponsored by the company offering the contract work.

    Is this possible? I am hesitant to go forward with the E3 until I am sure this is possible.

    Thanks
    Michelle

  40. Hi Cj,

    I am wondering if you know of any possible restrictions on study while on an E-3 visa? I am planning on starting a Masters this year in the US, and would prefer to work as well rather than go on a F-1 visa.

  41. Eric you are able to study on the E-3 visa as long as your situation does not change dramatically on your sponsor conditions for your E-3 visa and of course the institution your apply to accepts you as a part time student as a foreigner.
    Cj

  42. I am working full time job on E3 Visa. Can i do part time studies on E3 visa? I am eligible for performing part time Studies with full time work…

  44. HI CJ, thanks for your resource. The US firm that is offering me an E3 visa will need me to travel in and out of Canada extensively for work. You mention above that it’s ok to work outside the US, but doesn’t this mean the company needs to get me a Canada visa too? Are there other complications related to working in between the US and Canada on an E3? Many thanks

  45. Aldous if you are employed by a US employer who is paying you as normal and part of your job is to extensively travel outside the US then that is fine. Ultimately its your company’s responsibility to comply with any Canadian regulatory issues with this but in essence you would be no different to any US employee at your company doing the same thing.
    Cj

  47. Hi,

    This website has been of gr8 help so i thought i should share my experience with you, I got a job in Seattle and accepted the offer as well i was over the moon but dint last long, the LCA was declined as the salary they offered was below the “prevailing wage” but in reality as the position i got was for Sales role , their commission structure was very good and existing staff took home heaps more than prevailing wages. I dont know if there is anything i can do about it? i have told the company to increase the base and cut it out of my commissions but i dont think they are willing to spend the time for that. 🙁

  48. Having returned to AUS after spending 11months on my J1-visa….

    Am I faced restrictions when trying to apply for an E3, i.e. a two waiting period having completed my J1 visa?

    I have a job offer but not sure of my Visa situation?

  49. Ben if your J-1 visa has the 2 year rule applied to it which you could see on the J-1 visa stamp itself on your passport then unless you get that officially waived by going through that process which takes time and is certainly not guaranteed then you won’t be approved for any other non-immigrant visa like the E-3 visa.
    Cj

  50. Hi
    I am currently on E-3 which expires at the end of May 2014. I wish to renew with the same organization. Do I need to have a new LCA? I already have an interview scheduled at the Sydney US Consulate.
    Thanks
    TB

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