Update 1: I’ve recently written an updated post covering how to get your visa in Canada, with some fresh details around the DS-160 and appointment process.
About two months ago I moved to Silicon Valley from my home town of Wollongong in Australia. While the process of moving was fraught with a lot of personal logistical issues, the act of getting to the US was pretty easy – I was able to just get on a plane and fly to San Francisco and get through customs without a visa.
This is because, like many countries, Australia is on the 90 day Visa Waiver program, which allows you to spend up to 90 days in the US for a range of purposes, including business (attending meetings, conferences, etc) and pleasure (tourism, etc) without any paperwork or hassle (except for having a valid ESTA – but the form is all online and it is super easy to complete).
However, this situation has a bunch of limitations.
- You can’t get a social security number. This is a big deal – a “social” is how pretty much everyone in the US identifies you, and is central to how credit checks are run. If you want a credit card, you need a social. If you want to process credit card payments online – even though it is through your company entity – you need a social. Thinking of signing a lease for somewhere to live? It is possible, but they’ll want a social too to run a credit check. The list goes on and on and on.
- You’re limited to 90 days at a time, and things can get tricky. So, you’re going to be spending at least $10K per year in airfares leaving every 90 days. You don’t want to go right to the edge of the 90 day limit since over-staying can result in a later visa request getting refused (even if over-staying was the fault of the weather and cancelled flights). You also need to be gone for a meaningful period to reset the 90 day clock – 24 hours in Vancouver or Mexico doesn’t count if you’re an Australian from what I’ve been told. And, if you come back in for another 90 days a fortnight after leaving last, and this is the 5th time you’ve done it, there’s every chance the guys at the border will think you’re up to something suss and deny you entry, sending you back on the next flight. Aside from the uncertainty around this and grief if it happens, you also have the problem that being denied entry into the US puts you in a difficult place if you want a visa – red flags go up.
So, I needed to get a Visa, and if you’re doing this, you will to.
The good news is, it was actually really easy. You don’t need to pay a lawyer $2000 to what amounts to filling in a few online forms. You do, however, have to navigate some arcane, acronym laden systems that took me a bit of trial and error to get through.
Hopefully this how-to guide will help you with your application.
Overview/TL;DR
The E-3 Visa is a 2 year visa that is available to Australians who are offered employment in the United States by a US company. The short version is this:
- Make sure you’ve got a Bachelors degree or better (Graduate Diploma, Masters, Doctorate, etc).
- Find a company willing to hire you for a degree-qualified role, or set up your own company in the US.
Note about Degree Qualified Roles: we’ve had questions come up from time to time with people wanting to get a role that doesn’t normally require a degree (eg, a chef, etc). From a great post on ILW, Gary Endelman explains “They have to be H-1B eligible in the sense of having a relevant college or university degree to perform professional services in a specialty occupation involving the theoretical and practical application of a body of highly specialized knowledge.” The LCA process will actually allow you to select any role category you want, and some have much lower prevailing wages, but it is the judgement of the consular officer when reviewing your petition that determines if you’re in a specialty occupation and if you have a relevant degree.
Note about your own Company: setting up a company is legit if you’re getting offices, hiring people and you can show how the company is going to be able to fund this and your salary for the next two years. Setting up a sham front company to hire yourself out as a contractor isn’t recommended; I know people who’ve been rejected because the consular staff didn’t think the sponsoring company was legit enough. Expect to show up with your balance sheet, P&L, and demonstrate investment, clients or anything else you need to show the new business will be a going concern – remember, if you get rejected, you’ve now been classed as someone the US has denied a visa to – a black mark that is very hard to work around in the future. - If you set up your own company, get your FEIN online (also known as an EIN or a TIN).
- The company will need to apply for an Labor Condition Application (LCA) for Nonimmigrant Workers (9035 form, online)
- Book an appointment with the US Consulate in Sydney, Melbourne or Perth (there’s a charge associated with this). Leave yourself at least 2 weeks from when you submit your LCA application, since you’ll need this to be processed & certified to take to the appointment. Update: you can now get your first E3 visa in Toronto, Vancouver and probably other US Department of States around the world; when I first wrote this the E3 was so new these other consulates hadn’t really heard of it, and saying no was easier than learning about it to say yes (even though the only rule is that you have to apply outside of the US).
- Actually complete your DS-160 online (it takes about an hour). Note you’ll need to have a digital photo of yourself where the lighting is good, the background is a white/bone wall, and you’re not smiling or having too much fun.
- Pay the fee for the visa application of
US$390US$205/A$225 as part of your interview process. - Go to your interview, take your passport, your letter of offer from the company to yourself (I know, it sounds silly, but this is a big deal) and the other paperwork they ask you to have, and hopefully they’ll approve you.
- Your passport should be back to you within a week.
- You’re now good to live and work in the US for 2 years and travel in and out of the country without restriction. The border guards will sometimes still be c*nts – at LAX almost every time, at SFO occasionally, but that’s just them making up for an adolescence of being bullied who now have a gun and some power.
1. Finding a company or setting up your own
The E-3 visa requires you to be employed/sponsored by a company. It basically ties your right to live and work in the US to the company that makes you the offer and completes what is known as the LCA process. If you find someone who will sponsor you, they’ll need to complete Step 3 below, and once they’ve got you an LCA, you can then head to Step 4.
However, if you’re an entrepreneur doing a startup, you’ll instead want to get your own US entity. Keep reading.
The decision about which entity is right for you is a bigger issue than I can cover in this post. Generally speaking though, you’ve got two options:
- Register an LLC, probably in Delaware. This is like the Australian equivalent of a trust – all profits made by this entity “pass through” to the “shareholders” or members of the LLC, and are paid at their own tax rate. It is a “lightweight” company, and can be flipped up to a C-Corp later. This will set you back a few hundred bucks, and you can easily do it yourself.
- Register a C-Corp, probably in Delaware. This is the Australian equivalent of a Pty Ltd company, which can have shareholders, the ability to retain (and thus pay company income tax on) profits and has higher costs of setup, more paperwork (need for office-holders, etc) and other hassles. However, if you’re going to the US to raise capital (seek investment), this is the vehicle you’re going to want).
You can register for these entities online – there are lots of options you’ll get when you do a Google Search for “Delaware LLC registration” or “Delaware C-Corp registration”.
The registration process will take up to a week to happen. You won’t need a US address to do it, and you can change the papers after you set up an office and you’ve moved to the US, so don’t worry too much.
A note about relocating/flipping up
If you already have a business in Australia, then things are more complicated than just registering a new entity in Delaware via an online broker. Moving your business to the US is known as “flipping up”, and there are a lot of reasons why you would want to do it.
For one, few US investors will be prepared to invest in your Australia Pty Ltd company. You can make the LLC a subsidiary of your Australian company easily enough – and this is the best approach for tax reasons too thanks to US tax treaties – but investors will want to make sure their investment is in the parent company or eventual owner of the intellectual property. Even if you manage to grow the business without needing external investment, you might find that potential acquirers will have difficulties working between US and Australian law in an acquisition.
The other big reason why flipping up is a good idea is that capital gains tax rates are also lower in the US (so you’ll pay less tax if you are successful and sell the company, either to an acquirer or to the public through an IPO).
If you decide to flip up, if you’re not careful, the act of moving the company to the US or flipping up will likely trigger a “Capital Gains Tax Event”, where the Australian Taxation Office see you as selling your Australian company to a new, US company, and demand you pay tax to the ATO (which can be as high as 50%) even though the movement was all just on paper (and you don’t have a fat bank balance).
Get good advice on this – unless you don’t have anything in the form of a company in Australia already, spend the money – $10,000+ depending on how complex your mess situation is here in Australia – and do it right.
2. Registering for your Federal Employer Identification Number (FEIN)
Once you have your entity – either an LLC or a C-Corp – registered you’ll want to apply for a Federal Employee Identification Number, often called simply an EIN. This is basically the same sort of thing as a Tax File Number but for a company, and we can think of it as being an equivalent government identifier as an ABN (although you never need to put it on invoices!)
If you flipped up your company, your lawyers will likely have applied for one of these for you – ask them for it.
If you created your own C-Corp and you’re just a stock holder, you can apply for your EIN online at http://www.irs.gov/businesses/small/article/0,,id=102767,00.html
If you registered an LLC which is “owned” or a subsidiary of your Australian company, or held in your own name, you’ll need to register for the EIN by calling the IRS. The phone number is +1 267-941-1099.
This process is exceptionally simple – the government *want* you on their database so they can track you and the taxes that you and your employees will owe them.
Once you’ve got your EIN, you’re ready to ask for permission to hire yourself from the US Department of Labor, step 3 below.
3. Submitting your ETA Form 9035E for Labor Condition Application (LCA)
The next part of the process is the most time consuming – your employing company needs to ask the US Department of Labor for permission to employ you.
In this sense, the US is no different to many other advanced economies – they don’t want employers bringing in cheaper international workers which put downward pressure on wages for their citizens and they don’t want employers take advantage of employees by paying them low wages. Whether this form of protection is inherently fair or is actually a manifestation of racism and xenophobia, it is a fact of life, so we’ve all got to live with it.
The process of asking permission to hire a foreign worker is actually one of the less shit online processes followed by the US Government. The system is relatively straight forward, the form is smart, and while the instructions and acronyms are confusing, the instructions below should help you through it. Remember, this is the bit that you normally pay a lawyer $2000 to do for you – if these instructions help and save you some coin, then feel free to buy me beers when you see me or offer to make a donation to a charity.
Before you create your account
The first step is to create an account on the Department of Labor’s iCert system. This is free and relatively easy, but you’re going to need to get some bits ready ahead of time.
Remember, at this point, you’re applying as a business which is going to hire you – this is where physical presence starts to matter. This means the business is going to need to have an address and a phone number.
Address
You can get an address with Earth Class Mail, or use the address of your Attorneys as an interim measure. If you have friends there who don’t mind you putting down their address, then that can work too. The LCA process is very specifically tied to the location you’re going to be working from – since the rate for a programmer is much higher in San Francisco than North Dakota – so put some thought into this.
Phone
There are lots of ways to get a phone number. If you’re already in the US and you’ve got a pre-paid number, do yourself a favour and get Google Voice set up ASAP, and use that number (since the prepaid ones go back into the mix if you don’t keep renewing them, and US portability sucks compared to here in Australia). If you’re not in the US, get yourself a Skype In number and get it for the city and area code where you say your office is going to be. That means, for San Francisco, make sure the number starts with 415. Alternatively, you can go to GrassHopper and get an 800 or an 877 number. As I said, there are lots of options here – just get it set up before you try and do this bit.
Creating your Account
Once you have an address and a phone number, head over to http://icert.doleta.gov/ and click on the “Create Your Portal Account Today” link, then after accepting the terms click on the “Create Employer Account”.
Once there, you’ve got a 3 page form to work through. Most of it is self explanatory, but some is a bit tricky.
- For the E-3 visa, you’ll want to tick the LCA box.
- The FEIN is the number you got in step 2 above.
- The NAICS code (stands for North American Industry Classification System) is like the Aussie ANZIC code. It is a standardised category of business types. You can search for them from the iCert form, or from the US Census office, but the easiest way to find them is to drill down into them so you don’t have outliers which match a keyword confusing you. You can drill down into them using this page, and then on the iCert page just search for the specific code.
- DBA means “doing business as”. It is equivalent as “trading as” here in Australia.
Once you’ve registered, you’ll get an email from oflc.portal@dol.gov with your temporary password in it. Make sure you check your spam for this email, and whitelist that address (everything comes from there from here on in, including certification and denial notifications.
Applying for the E-3 LCA
The LCA application itself is a bunch more work, but thankfully it is a really good online form. To access it, simply log in, Click on “LCA” on the top, and then down the bottom click on “Begin New ETA Form 9035”.
Page 1 – Preconditions
This page is about undertakings – they basically want you to warrant that you’re going to make the LCA available to the staff member you hire, that you’re going to tell the truth, and explain how you’ll provide it to the person you hire.
Since you’re hiring yourself, it is pretty much a non issue 😉
Answer Yes to A, Yes to B and select the first option for C
Page 2 – The Visa type and job classification
The visa type is easy -E-3.
The position is harder. Basically, you need to find the best approximation for your position, and enter this. The effect of the value you choose is significant – it will determine the minimum salary you need to pay yourself to satisfy the conditions of the visa.
Step 1 – Find Your Position
Finding your position can be a bit tricky, particularly if you’re a founder – you do everything in your company, right?! You can search the database at http://www.onetcodeconnector.org but for what it is worth, I did a bit of searching to find something legitimate/accurate and not too highly priced (as per the next step). I found that “General and Operations Managers”, which has a SOC code of 11-1021 was pretty good, as it was both accurate and not too expensive (CEO on the other hand is expensive. You could also go for 15-1131 which is computer programmer, which has a lower minimum ($63K vs $73K). I’ve also heard of people putting their title as “Administrative Officer, CEO”, which allows a lower prevailing wage ($36K).
Step 2 – Work out Prevailing Wage
The second step is where you determine the prevailing (read: minimum for a foreigner) wage, which you can work out by going to http://www.flcdatacenter.com/. The process is pretty easy, and geography plays a big part. Do not lie about your geography though – the E-3 visa is only valid for you working for the company that gets the LCA for you in the place where they specify.
Page 3 – Employer information
This is easy – it just gets copied from the info you already entered when you registered. Win.
Page 4 – Attorney information
If you’re doing this yourself, you just need to say you don’t have an attorney. Easy. Win.
Page 5 – Pay information
This is where you tell the Department of Labor what you’re going to pay yourself. Remember, this is important, and it needs to be more that the minimums set out on the http://www.flcdatacenter.com/ website for the SOC code you’ve selected.
In section F, rate of pay, enter your annual salary. Leave the “to” empty, and select annually.
In section G, they’re looking for you to tell them why this is a fair rate (ie, is greater than the minimum). There are other places to get the minimum than the FLC Data Center website, however, it is normally only for more unionised types of blue-collar roles. Since this probably isn’t you, just stick with the OES wage. Stick to the Level 1 pay scale for the role you’re doing, and put in the value from the FLC Data Center search and tick the “OES” box. Also make sure you reference the FLC Data Center website as the source for the OES data.
The screen above is from a completed form in PDF format, but the questions should still line up.
Page 6 and 7 – Declarations
You don’t need to fill in the bit about being H1B dependent since this is an E-3.
The rest of the form is just standard commitment stuff. Once you’re done, you can submit it.
Common speed bumps
There are a few speed bumps that can get you. Here a couple.
- They decline your application because the Employer doesn’t have a valid 9-digit FEIN.
This is because the databases that sync between the IRS applications for an EIN and the database the Department of Labor use have lag/delays in them. If this happens, you can just reply with a scanned or PDF version of the EIN confirmation from the IRS. - You enter the wrong prevailing wage info.
This is where I got stuck initially. The FLC Data Center is your friend – use it. I initially didn’t know about that site, and tried going through government agencies to find “award” type information, but it was only applicable for blue collar roles so I thought it didn’t apply to me and I could use a job search for “office manager” on Monster.com to find my prevailing wage. As it turns out, that isn’t good enough 😉
Timing
When I submitted my application, it took them about 3 business days to reject it if there was something wrong with it. Of course, I was learning as I went so I had two rejected applications before I got one accepted, so you’ll want to leave yourself some time here.
I was lucky and got my approval through in 4 business days, but they say that you should expect 7 to 10 business days. Keep this in mind when you book your appointment with the US consulate in Step 4 below.
4. Booking a Visa Appointment
Once you’ve submitted your LCA application – and ideally, you should wait until you’ve had your LCA granted – you need to make an appointment to the US consulate. This process is surprisingly straight forward, even if the wording is a bit weird.
- You pay for a PIN, which is the right to book an appointment, it is only $14, and they don’t accept American Express 😉 (Visa and Mastercard only)
- The system will show you available booking slots. My advice – get in as early in the day as you can, as the place is a bit like a doctor’s surgery – the later you book, the longer the backlog will be if they’re running behind time. When you book an appointment, you can move it a maximum number of times.
- You can only move the appointment more than 2 business days before the appointment date. So, if the appointment is on Monday, you only have until midnight on Thursday night of the week before to move it. This is in the time zone of the appointment, so if you come in on Thursday morning in the US and realize your LCA still hasn’t come through yet, bad luck – you have to pay for a new PIN.
5. The DS-160 Application
The DS-160 Application is a form that forms the basis of your actual visa request – the LCA is just one of the supporting documents you need.
The application is actually the sharpest thing I’ve seen the US government do online. The form is smart and high quality. You can come back to it any time using the Application ID in the top right and the security question you enter just after you start.
The application is started from https://ceac.state.gov/genniv/.
A few notes:
- You’ll need to upload a digital photo. Their system for handling these uploads is very clever. It will tell you if your head is too small or too big in shot. It will tell you if the background isn’t plain and boring. It will tell you if the light isn’t good enough. It will tell you if it can’t see your eyes (so make sure the flash is on). You can, however, take the shot using a smart phone camera, since they don’t need it to be super huge in pixels or filesize. More info at http://travel.state.gov/visa/visaphotoreq/digitalimagereq/digitalimagereq_5327.html.
- You’ll want to have your passport on you. Unless you know not only the number, but also the issue date and expiry date. Since Australian passports don’t specify the location of issue, I just said “Canberra” and all was good.
- You’ll need to know the data and place of birth of both of your parents. Since you’re probably doing this in a hurry, ask them first.
- They’ll want you to list all the countries you’ve visited in the last 5 years. I don’t think this is a big deal, but if you have been to somewhere America doesn’t like – like Iran or North Korea or Syria – this might be a problem. I don’t know how they can check this though, other than looking at the stamps in your passport.
- There are lots of crazy questions about things like moving to the US to be a prostitute, or having an army of child soldiers. As far as I can tell, the reason they do this isn’t because you’ll admit to those things, but because it makes it very easy for them to cancel your visa if they have reason to believe you lied on your application. Much easier than having to prosecute you in an American court for having an army of child soldiers in your past in another jurisdiction.
Once you’ve submitted the DS-160, you’ll get a confirmation page with your photo, a summary of key information and a barcode. Print this and take it with you on the appointment day.
6. Visa Appointment Day
The visa appointment day is pretty interesting. A few notes and tips.
- Make sure you bring all the documents and evidence they want. I won’t list it here because the appointment confirmation in Step 4 will tell you, and I don’ t want to get you in trouble if you rely on this blog post and they change something. I was super prepared, and took the following:
- My passport. Very important.
- The full print out of the LCA. They only took a couple of pages from it, and gave me back the rest of it. Suggest you take it all too.
- The confirmation page for the DS-160. This was critical – they needed it, and it became the anchor for all their other paperwork.
- My actual degree. They didn’t need it.
- My transcript. They didn’t need it.
- A print out of the P&L of my Australian company to prove I could afford to live in the US. They didn’t need it, but if they suspect your newly formed US entity is a sham/shell being able to prove you have clients, revenues, etc is going to be a very big deal. I got questions about this and answered them confidently, and know companies I’ve been an investor in have had questions (we’ve raised venture capital and we’re moving the business to the US is legit), but “I set up the company so I could get a visa and then be a contract labourer with no job security or likeihood I can pay myself to be honest” is what you don’t want to be flagged as.
The rest of this is specific for my experience in Sydney. Hopefully knowing what you’re in for will make it a bit easier and you’ll be a bit more confident. Remember, this is an interview – they’re deciding at this point if you can get your visa.
- For Sydney, the reception area is on Level 10 of the MLC building, which is just above the food court and near a bunch of doctor’s surgeries. This reception area is just used for screening you, and your bags stay down in this area. They have a dedicated lift that goes to the super-secure consulate on Level 59 after you clear screening, and you’ll be escorted up there. It is all pretty serious really.
- The screening process is hard core, with you going through a metal detector and your bag going through a screening process too. Bring the barest of stuff in any bag. You not only have to take out your laptop, but also any “wires” in your bag. If you bring a laptop bag with lots of cables like I did, be prepared to have them rib you – where’s the kitchen sink? – and also realize you’re slowing down everyone else in the line.
- You can’t take your mobile phone upstairs, so when they say to turn it off, turn if off. Same with laptops – sleep isn’t good enough, but hibernate would be (they just want to make sure they’re not seeing flashing lights).
- Take a book to read. These are still allowed when you go upstairs, and since you’ll be waiting for around an hour all told, take a book.
- After you pass screening, there will be some staff who check that you’ve got the key things you need, outlined above. They will combine the key things – your passport, your DS-160 confirmation, your express post envelope and your receipt from Australia Post and your LCA – and put a rubber band around it. If there’s a problem here, they’ll send you on your way.
- When this is done, you’ll wait for a trip up to Level 59 in the lift.
- When you get to Level 59, a security person behind very bullet proof glass will check you first and allow you through the heaviest bullet proof glass door I’ve every seen to your right hand side. Have a look at the security console while the guard is checking your paperwork wad – it looks like something from a James Bond flick.
- After you go through the door on Level 59, get a ticket from the machine just to your right after pressing “non immigrant visa”. Then line up and you’ll be called by this number to windows 2, 3 or 4.
- They’ll check your rubber band collection of papers, and hold onto them, leaving you your number. Grab a seat to the room on the right of the big heavy door you walked in through and take a seat in the waiting room. This is where the book comes in handy – you’ll probably be waiting half an hour or so.
- Wait for your number to come up. You’ll be called to windows 6 or 7, where someone will talk to you on the other side of bullet proof glass through a microphone and speaker system. Everyone in the waiting room will hear your conversation. If you ticked the box in the DS-160 saying you have a sexually transmitted disease, everyone will now know. If you have a criminal record, expect to be asked about it in detail, and expect everyone waiting to hear. Suck it up – you don’t know any of these people (probably), and if your time waiting was like mine, you’ll hear plenty of stories of woe from weirdos and freaks that will make you seem much more normal. I don’t know if my favourite was the 65 year old cooking teacher/missionary who ticked yes to being arrested even though she was just cautioned 25 years ago when her friend shoplifted a bottle of lemonade, or the guy who was an unemployed musician having a lot of difficulty answering the question about what he does for work.
- I was asked by everyone if it was my first E-3 visa. I don’t know if things were smoother or more difficult because of it, but everyone official wanted to know.
The Interview
Expect to get questions about your company, why you’re moving there, what your company does, how many staff you have here in Australia. If you’re well prepared, confident and make a compelling reason why you’re going to be a good visitor – and remember, the E-3 is a visitor or non-immigrant visa – then you should get through smoothly. If you’re lucky, the interview will go for 5 minutes maximum, and you’ll be told then your visa is approved.
When you leave, head down to Level 10, get your stuff from the guards, and be on your way.
They’ll then stick the visa into your passport, and send it back to you. My appointment was on a Monday morning, and I got my passport back on a Wednesday morning (in Wollongong), but your mileage might vary.
Fallacies (in my case at least)
As with all things that relate to governments, laws and other black-boxes which you’re desperate to have a good outcome from, there are a lot of things I heard from people that didn’t bear out in my case. Just because they didn’t happen to be issues for me doesn’t mean they’re not ever true, but they just didn’t happen to be issues in my case.
- “You need to have a board of directors in your company who can ‘fire you’ otherwise they won’t see you as being in an employment relationship and won’t grant you an LCA”. This wasn’t the case for me – hell, the people at the LCA assessment centre didn’t even have up to date records on the EIN. Delaware has a very strong corporate veil, and I don’t think you even have to disclose outside Delaware who your company directors are. Basically, this was a non issue – I submitted my LCA in my own name, saying I wanted to hire myself, for a C-Corp which had just been formed. And they gave it an approval in under 4 days.
- You have to go to Australia to get your first E-3 Visa. While this used to be the case, I’ve got friends who’ve gotten their first E-3 Visa in Toronto, for example. My understanding is that any consulate outside the US will do, BUT, this is still such an unknown visa class that you’ll probably be out of luck most places. I have a friend who WAS turned away from Mexico City, and others who’ve successfully gotten them in Canada – not sure how to check in advance, but just letting my East Coast friends know they can avoid LAX hell and get one from the friendly Canadians just north of the border.
- A three year degree in Australia doesn’t count as a Degree (since in the US a bachelors degree is 4 years). This sounds like bullshit immigration lawyer advice earned legitimately through getting people through the nightmare paperwork associated with H1B and Green Card applications. I’ve never heard of it applying AT ALL to the E-3 process; the paperwork in general is a LOT lower and the decision is made by an officer in the consular office while they’re talking to you for a period normally no more than 3 minutes.
Saying Thanks
I’ve had a bunch of people email me and ask how they can say thanks for the advice. If you’d like to say thanks and you don’t already have an account with Uber or Lyft, feel free to say thanks by using my invite code (below) and you’ll be helping me out with extra credit and getting some credit to start with yourself too:
- Uber: 9xybb
- Lyft: GEOFF304
Asking for Help
A few people have been contacting me directly asking for comment, advice, a call to discuss their specific circumstances, etc. I’d love to help, but I’m not going to, and even if I wasn’t working 100 hour weeks, I wouldn’t answer your personal, specific issues. This post exists solely as a journal of a personal experience. I’m not a lawyer, and I’m in no position to give specific advice. You are, however, most welcome to tap the accumulated personal experiences of the thousands of other folks who’ve gone through their own journey by entering a comment below with your questions, feedback or personal experience for others to benefit from. But please don’t waste your time and mine asking me directly for advice.
geoffmcqueen.com 
Geoff,
This information is great! I want to make sure I am understanding one part though. My Fiance will be applying for the E-3. He is currently in Sydney but will be moving to NYC (I am American). He has a a bachelors degree, and a solid resume of experience so hopefully he will luck out finding someone to employ him here. He is looking to be a pharmaceuticals Rep. So My question is he is coming here in order to apply for jobs in person etc. If someone offers him the job, he has to go back to Sydney to interview there at the U.S. consulate, or can he interview here in the U.S.
Thanks,
Ashtyn
He must leave the country and attend a US embassy. Only some Embassy will accept a new application for an E3,
Ashtyn,
Yep, he’ll need to come to the US on the visa waiver program as a tourist. He then needs to hustle and get an offer. Then he needs to tell them he has to make a quick trip back to Oz to transfer his visa, and that they need to fill in an LCA form (easy, no cost to employer). He takes that and the letter of offer to Sydney and go through the process and it should be fine.
There’s no short cuts on this that I know of though – coming back to Australia for the initial E3 is essential.
Geoff
Thanks for sharing this knowledge Geoff!
I have some further questions that I would appreciate your thoughts on!
1) When you went through the process did you relocate AffinityLive/Hiive Systems from AUS to the US or was it a new C-Corp? If it was a new corporation, were there any issues with it being a new non-revenue producing entity? Had it ever filed taxes?
2) Would the equivalent of a Board of Directors for a C-Corp be the members/owners of an LLC?
3) With the prevailing wage requirements, have you had any issues come tax time if you hadn’t paid yourself a salary that matches what the LCA says?
I’ve been through the E3 process a couple times with different companies however I think it’s time to focus on my own projects. I also have a single member LLC which is revenue generating and I’ve been working on this part time. Could this be an issue as I’m the only member?
Hi Geoff,
LOVED ALL YOUR ADVICE – so helpful.
Hoping you might be able to advise me on my next step…
From what I can tell I’ve met all the requirements of the E3 Visa, Bachelor Degree, 5 years work experience in the field…
I’ve started to apply for positions (through connection at work) and have had a number of companies come back with interest.
My move date is hopefully mid May, but would be more than willing to go sooner…
Can you suggest where I start with the legal/immigration part, is there anything I can do now?
I know I can’t directly apply for the Visa until I’ve got a job, but what about other applications/ paperwork
Any suggestions I’d much appreciate.
Cheers,
Lee
Hi Geoff,
LOVED ALL YOUR ADVICE – so helpful.
hoping you might be able to advise me on my next step
@jonathan:
1) It wasn’t an issue to get the LCA at all; doesn’t seem like they do any checking other than making sure you’re not undercutting American wages (which makes sense since it is the Dept of Labor). As for the Consulate, I had all of my books ready for my AU company and made it clear we were expanding to the US. They asked a couple of really high level qualifying questions (team size – at the time, 6) and they were happy with the answers and didn’t want to look at the books at all.
2) I can’t remember the title, but the equivalent of a director for the LLC is what you’re looking at. A friend had a few advisors he trusts come on so he could satisfy the “you need to be able to be fired” test around employment. Again, however, I don’t think this came up since he is completely legit, hiring people here, etc. If you come in for special attention, it might become an issue but I just don’t know.
3) I haven’t had any issues, but then I’ve also been very careful to do it by the book. Having said that, the systems here are so byzantine that I’d be shocked if the IRS and the DoL and the INS actually shared anything; as an example, just because I got a CA drivers licence I was called up for jury duty. Non-citizens can’t do jury duty, but their systems are so antiquated and disorganized that they apparently can’t work out that I’m a non-resident alien. My advice is follow the rules even if that means re-investing in your company with after-tax income to make sure you’re able to sleep at night and don’t run and risks.
Sounds like you just need to get another member/director or two into the LLC and you should be good – just make sure you can show a pathway to revenue or fundraising that means you can pay the prevailing wage out of your LLC, and as others in the comments have noted, avoid the Melbourne Consulate.
@lee, you really should do the following.
1. Come out here on a visa waiver when you feel like the interest is going to result in interviews. If you’re getting hired from the other side of the Pacific, you’re probably not doing as well as you can. Get a 415 phone number with Skype-in and apply widely as if you’re already here. Then get on a plane.
2. Land a job. Once you get your offer, tell them that you need to change your visa status with a quick trip to AU, and you need one piece of paperwork called an LCA which you can organize to save them effort. It doesn’t cost them anything. Make it clear you are NOT someone who needs them to sponsor you on an H1B (that takes up to 9 months and costs thousands).
3. Take your letter of offer, your LCA, and follow the instructions above. You should be right to go from Letter of Offer to being back in the US and starting your new job in 2-3 weeks at most.
G’day Geoff
I just wanted to say thanks for the post – this was brilliant. I’m looking at moving under the E3 visa mid-year with a sponsor already lined up, and the blow-by-blow of the process (especially the interview etc) was excellent. You’ve eased my mind a great deal.
Cheers
Adrian
Hi Geoff. Do you have any advice on travelling to the US with e3 visa In hand however holidaying in Hawaii on the way across. Do I enter Hawaii on VWP and then fly to Canada to re enter US on the E3 within the 10 day employment start date condition? Can’t seem to find any answers on this especially from US CONSULATE help line based in Manilla. Thanks.
@sally, I don’t know, but my hunch is that you cross the border with a valid E3, then use it. They’ll look through your passport and if they find it you’ll be expected to travel on it, not VWP. Once you’ve crossed the border it won’t matter anymore – just fly HNL to SFO/LAX/whatever and you’ll just need your passport as ID – no border security.
Hi Geoff, thanks so much for the write-up!
I really want to try for the E-3 visa from Perth, I’ve made a list of all the places that I could find in NYC. I’m not sure whether to start applying from here and hope to get a job offer so that I can go straight across or whether it would be better to go over on a holiday visa for a while and apply while over there. Do you have any advice on that? A lot of people have told me it’s pretty much impossible but your article seems to say the opposite?
Any help would be greatly appreciated! Thank you
@shane, you’re going to find it tough (unless you’re a rocket scientist of a gun computer engineer) to land a job in the US from Australia. There’s 314 million here, and unemployment is still high. Basically, there’s no incentive for them to hire you when there’s a bunch more people here.
My tip: come here on a visa waiver program visa for 3 months, get to know the scene and land a job. Then, when they make you the offer, you say “I’ve just got to make a quick trip back down under to change my visa status – the good news is that you now *own* me Mr employer, but it is just a formality”.
I haven’t heard any stories about Perth, but I’d just do it in Syd. You’re going to have to come back to get the E-3, so you might as well stick with the most professional consulate who deal with this all the time; Melbourne continues to get horror stories.
Thanks for the reply, I will take your advice and go over on the Visa waiver program and try find a job. Last question from me, how much money do you think is a realistic amount to bring over to last for 3 months?
Thank you
Rent/accommodation in a boom/big city like NYC or SF will cost you between $1500 and $2000/month. The rest of your living costs will be lower than Australia, probably by as much as 25%
Hey mate,
Great post, clarified a tonne of things for me. Just a quick question, and sorry if you’ve already had to answer it but does the E3 actually cost the employer anything at all? I live in NYC on a J1 and wish to transfer to an E3 but not sure if It’ll cost the company I’m with now an arm and a leg?
Cheers again
No, it is free. All they need to do is the LCA application; some firms insist on hiring lawyers to fill in this form for them which will cost them money, but if you follow the instructions in my post you can actually do it for them 😉
Hey Geoff, I’ve got a visa appointment on the 27th of March in Sydney, earliest I could get as it is a 15 day wait. Melbourne is only 2 days – but you said it continues to get horror stories. Can you elaborate as I was thinking of changing to Melbourne. I am one of those with a degree equivalency due to work experience and education. Cheers
Hi Manuel, just getting caught up here. Hope it went well. I can’t elaborate on stories – they’re all very anecdotal and there could well be specific circumstances in all of them which mean Melbourne isn’t an issue. I just know that these anecdotes run only one-way at the moment.
Hi Geoff,
I’ve managed to land a job in NYC while still being based in Melbourne (YAY) the job start date is mid-August.
My Question is, can I apply for the E3 Visa to start when the job starts and then travel to the US on the Visa Waiver for 3 weeks in June (wedding) – or will having a valid Visa for August mean i can’t travel on the Waiver anymore?
My other question and option is, if my new employer agrees to it (they seemed to be ok with the idea) can I claim an earlier start date for E3 Visa purposes? Is there any way that i could get into trouble for this?… bank details etc…?
Again I would love your opinion on this,
Cheers,
Lee
Lee, I’m not 100%, but my sense is that the key is to get your employer to give you a letter of offer and the LCA. Once you have these two pieces you can apply for your E3 visa. If you get it, then my understanding is that you’ve got the *right* to work in the US as long as it is solely for this employer, but you’ve got the right to *be* in the US even if your job hasn’t started yet since you have a valid visa in your passport. As for claiming an earlier start date, I’m not sure about that; it would make sense if someone was being hired internationally that they’d need to get to the city in the US before their first day on the job to arrange accommodation, etc, etc, so I would imagine there’s no big deal about getting your E3 before you actually start.
Finally, you’ve always got the visa waiver option, but my understanding is that having a visa in your passport trumps that, and getting the visa in your passport is what you should aim for.
Hi Geoff,
This was very helpful. I have applied for an E-3, but am still waiting for it (it has been 12 days since I went to the interview, and they said that my application was to undergo additional processing, but that I shouldn’t worry and that it was routine).
My question is – must I book a return ticket, or can I get away with a one-way ticket to the states, with an E-3 visa?? Thanks!
Hey Geoff,
Probably a stupid question but assuming the company who is employing me as a FEIN number I only need to fill in the LCA is that right?
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Geoff,
For some reason I can’t see the other comments, but I wanted information which may be relevant to my situation:
1. I don’t have a company in Australia, should I still do it.
2. I wouldn’t have a huge bank balance to show that I can pay myself regularly but I am pretty confident to get a job as soon as I get there. I am a Business Analyst/Computer Programmer.
Please let me know our thoughts. Thanks!
Hi Geoff
Thanks so much for all of the amazing information you have put together on this post. Thanks to the other commenters as well for their experience and links to additional information.
I am just at the start of considering a move to the USA for 12 months with my wife and 2 young kids.
I have my own Pty Ltd company in Australia, and wanted to know when I should look at setting up something in the USA? Should I just do it now ASAP?
Do I need to start putting some of my international business through that company? We have clients globally, but currently it all goes through Australia. I assume I could get US/ Canadian clients to deal with this new US entity.
For the P&L that you mentioned the embassy requested, is it just your Aussie company P&L, or did they want financials on the US entity?
Also wanted to know if the simplest solution is to maintain the AU company and just be opening a USA office with a new USA company subsidiary?
Final question- currently it is just myself working in the company as I mainly consult in my line of work. Will this be an issue if I am the only employee and thus I will be moving to the USA? Will they wonder who is going to be running the AU operations, or can I say I will be doing both?
Hi Geoff!
Thanks a bunch for this article, I’ve found this really helpful so far!
Just a question, with the approved LCA received, it says to submit a signed copy to the USCIS in support of the I-129 form.
Is this an extra document that needs to be submitted? I’ve finalised the D160 and booked my consulate interview, but there is no other mention of this I-129 form… Could you shed any light on this?
Thanks Geoff!
hi Geoff nice read! now just to find a job is the hardest!
Hey Geoff,
Any info on changing employer on E3 visa, process, time it takes ect..
The time to change is pretty fast; your LCA takes the same amount of time (usually under a week) and then you still need to get an appointment. Check out Lee’s blog for more info: http://www.limaechoecho.com/2011/11/e-3-visa-renewal-in-mexico-city.html
Hi Geoff,
Thanks for the amazingly detailed info! I had a question about self sponsorship. Are you familiar with people registering an LLC and then using the LLC to apply for the E-3? For a newly formed company, are there any thresholds to prove that the business is operational? I am thinking of doing this to start something small and if it doesnt work out it will give me time to land a job elsewhere.
Thanks!
Ben
Ben, there aren’t any formal thresholds that I know of. The key is to make sure the business can afford to pay you; as a startup, this is one of the biggest challenges, and the officers will make a gut call during the interview so bringing P&Ls is important in this respect. An LLC isn’t seen as an inferior entity here so that isn’t going to be an issue, but you’ll need to be able to make it clear you’re going to have no trouble being able to be employed at the rate you promise in the LCA by the business; mere suspicion that this isn’t the case is enough to get you sent to administrative review, which I’ve heard is as good as being rejected outright.
Thanks Geoff!
I also have a question about the date of entry. Assuming I have the E-3 already, what is the earliest date I can enter the US? Is it simply a matter of stamp and go, or is the earliest date you can enter the US determined by the start date of the employment contract that you present during the interview?
Good question Ben. I am 99% sure once you have a visa in your passport you’ll be allowed into the US; the connection between the visa and employment is based on rules (ie, if you change jobs you need to change visas because those are the rules, but there isn’t any system/database that keeps these things in sync).
Great post mate! I’ve been in North America going on 4 years and I have always wanted to start my own business. Your post is literally making that dream come true! I am in the process of registering my LLC however I have a question regarding the proof you showed the officer concerning the companies ability to pay you. Did you need a mountain of cash in your account to demonstrate that?
I had a P&L but a balance sheet will do. Either way, they either agree/Believe your business can pay you and if not you’re fucked
Hey great post! I’ve actually been speaking with my attorney about this and he said that I have a very low chance of success unless I have 100-200K in the bank to bank roll the operation. I’m a software engineer and it’s extremely easy to get clients and revenue and I was hoping to start the company with as little as 10-25K in the bank.
He said that my chance of success with this is really low, any thoughts on this? I’ve already got a client signed (for web consulting / software) so it seems weird to me they want to see 100-200K in the account. Also, this would be my 3rd E-3 in the USA…and they have all gone through quickly…shouldn’t that count for something?
Having enough money to pay yourself the wage you need (remember on top of your wage are us employment taxes, healthcare, etc) for 2-3 months is probably *not* going to fly. This visa is not for sole traders trying to contract themselves enough work to survive – rightly or wrongly, it is for real businesses to employ people with specific professional skills and experience. Anything that doesn’t look like that is running a risk – because, if you get declined a visa, if you come back later and ask for a visa (even the visa waiver program) you have to tick the “i’ve been denied a visa” and then things really suck.
Don’t try and be too clever by half about this. Have a real business, with real clients and real revenue and a P&L to back it up – or get a job with someone who does and get them to sponsor you. A one man band gun for hire is not going to get a positive review.
Having said that, a renewal is a lot easier than a fresh one, but the first question they asked when I was renewing mine in Sydney the other week was “is this the same employer….”; my guess is the questions get harder if the answer is no.
Great article and will be very useful in the coming months.
Hi all,
Great article thank you very much for all the information. I recently just finished my J1 visa and am now looking for jobs (tried while I was over there but had no luck) so now im back in oz trying, can anyone who has been successful recommend any particular job sites/techniques etc to increase my chances. Ive tried a few top job search sites like monster and use the college system I have access to but with over a few hundred applications ive only ever gotten 2 interviews 😦
Honestly Dan, I don’t like your chances from AU unless you’ve got a particularly unique and in-demand skill; unemployment in the US is still super high, the folks here tend to go to uni for longer and get master’s degrees and most hiring is done via networks anyway so being not here makes it very very unlikely you’ll get lucky.
What networks can you tap?
Hey Geoff,
Very helpful guide, thanks for this. I wanted to ask about setting up a LLC. I looked up ‘Delaware LLC registration’. And I found this site, laying out the step by step process to setting it up. http://corp.delaware.gov/howtoform.shtml It says i’d need a registered agent in Delaware with a physical street address.
Could you recommend any agents you’ve used? And what were the costs involved with step?
Again thanks for all your help.
Cheers,
Paolo
No recommendations unfortunately – Google would be my only tip.
Geoff,
Any reason why you didnt just file an i-129 in the US to renew your E3? Why did you have to go back to Sydney. I am on an E3 at the moment and I want to renew my own visa. It appears that just filling out the I-129 and sending it to the USCIS is enough?
Mark, I think the I-129 is a new thing. I was heading back anyway so it wasn’t a big deal, but I believe as long as you are with the same employer in the same location it is easier. You’ll still need a new LCA I think (but don’t know since I didn’t go down this track)
Hey Mark,
Did you end up renewing your E3 through the I-129? I’m due to renew next year and that would make things a hell of a lot easier.
Cheers,
Jessie
Hi All,
Geoff thanks for your $$$$$$ information..
this is nick from Brisbane.
I am IT consultant from Brisbane with 5+yrs of exp and Bachelor Degree, i want to work in US for 2 years and setup my own company in future. to start with i wanted to go to US to work for some employer , i been trying since 5 months no employer is intrested in giving LCA or any other documents or accepting my CV for interview they want some one who is locally available.
so when i was searching on Google and found your blog and read through and i am in second step of forming my own Deleware comapny and get my self LCA and start working for my self .
1st Q) am i going in right direction to setup my own LLC and get my own LCA to work in US .
2 Q) if i setup every thing and get my LCA would i need to show how the company pays my self wages ? (like Bank statements of funds available.)
3 Q) would there be to many questions on how ? where ? who ? questions related to company and offer when i go for Interview .
I would have gone on Visa Waver program and find work then come back to Aus and get visa done, but that would still cost around 3000-4000 $ including tickets.
instead of wasting $$$$ i want to setup my own company say in about 1000$ and fly and find job.
Please suggest the best way to go forward…
Thanks
Nick
Nick,
Good question. Not sure you’re going to like my answer though. The bottom line is that the team at immigration are going to make a judgement as to whether your employer is legit and sustainable. Their main consideration is that they don’t want someone coming into the US on a flimsy deal, it not working out, and then them being stuck providing a range of social services for someone they can’t find and kick out. Remember, if the US was good at finding and kicking out people here illegally there’d be no-one working in agriculture (ie, they’re not, so they enforce hard at the borders cause they know once you’re in they probably can’t find and deport you).
So, you get yourself an LLC, register an office with a real address, and submit your LCA. Lets say it gets approved. Cool. Now the hard part – convincing someone at the US Consulate that your employer is real and can afford to pay you the prescribed rate on the LCA. And they’re not going to be satisfied seeing that you have $100K and can pay yourself $80K. That’s not a real business. A real business has rent, insurance, etc, etc, etc.
Basically, there’s a chance it will work out – depends on who does the interview, what kind of day they’re having, even whether your US website with your US address looks convincing – but if you get rejected, you’re fucked. Every time you come into the US on the Visa Waiver, every time you try again with a DS-160, you have to say you’ve been rejected for a Visa. That isn’t to say you won’t get one, but it will be a haul every time. There’s no appeal – if they think it is a front, if they think it is dodgy, they can bounce you and you’re done.
My advice, honestly, is to come here. Spend the money on the flight, the accommodation. Do the Visa Waiver and try and land something. You’ve got 3 months. If you can’t land a job and you’ve got tech skills, you probably shouldn’t come. Once you’re here, interview and meet people. Find out where you belong, where you fit, what you’re worth. All the way to the third interview tell them you’ve got the right to work in the US (you do). Then, when they offer you the job, tell them you need to take the letter of offer and a bit of paperwork to change your status. No risk, no fuss. Easy. And then you have your E-3.
The E-3 visa exists for US companies to hire AU professionals. Be prepared to convince someone at the Consulate that the US company is real, has real revenue, real customers, and a real ability to pay you. If you can’t, you’re rolling the dice… and I wouldn’t recommend that at all.
Geoff
The E-3 visa classification applies only to nationals of Australia as well as their spouses and children. E-3 principal applicants must be going to the United States solely to work in a specialty occupation. The spouse and children need not be Australian citizens. However the U.S. does not recognize De Facto relationships for the purposes of immigration, and to qualify as a spouse you will need a marriage certificate.
Hi Geoff,
Not really an E-3 question, but a consequence of having one. I’m trying to get my 2012 US tax return sorted, and I wondered if you had any knowledge around income / expenses from renting your home out back in Aus while in the US? I have a recollection of reading something about being on a temporary employment visa meant that a home back in Aus was treated as a “Qualified Principal Residence”, which basically meant that if you had a nett loss on the rental (i.e. rental income less mortgage, insurance, and other expenses) you could claim that as a deduction against any US income.
Any advice?
Good question, and unfortunately I don’t know the answer! The US has a tendency to claim worldwide income but I don’t think it applies until you’ve got a green card or citizenship… but I don’t know. Feel free to follow up here with an answer if you find out though!
Hi Geoff,
I must say, thank you so much for this million dollar article. Absolutely fantastic and helpful.
Can I ask you a quick question?
I already have LLC in US, Sdn Bhd in Malaysia and a LTD company in UK and an office in Philippines. My main office is in Malaysia where I have 10+ staff members. I do have 3+ in Philippines. My LLC in US do have EIN already and just hired 1 part time employee also in Lombard, IL. However annual turn over of LLC is less than USD200K at the moment but growing very quickly. Now I need to spend more and more time in US. May be around 5+ months per year. And spend rest of the time traveling to my other offices where I have my staff working.
Considering this situation, I’ll apply for LCA and let say I get it approved to hire myself. When I go to apply for D160, do I need to carry P&L of my US LLC? Which may not be very impressive. Or I can show them my Malaysian company (same name as US company) annual audited reports and show them some trending revenue growth or a little bit of financial info about the US company? Would that work?
And I can tell visa officer clearly that I am the one hiring my own-self. I do have 1 more member in my LLC though.
Thanks in advance for your quick reply.
Regards,
Sunny
Sunny, I’d suggest you have a P&L that shows your group in a combined fashion in USD. The key is whether you can pay yourself, and it isn’t uncommon for a sales and marketing office to be a cost-center for a parent company. If you combine your P&Ls together and make that your (quite legitimate) evidence I think you’ve got a good basis for showing that you can support yourself financially here.
Also, I wouldn’t recommend telling them so overtly that you’re hiring yourself. Don’t lie about it of course, but I’d focus on you moving to the US to head up growth of the overall business/company.
Hi Geoff,
This information was very informative and thorough. I am a mechanical engineer looking for a job in US. Any advice which city in US I would have more chance of finding a job offer. I am planning to spend 3 months in US in Feb 2014 to find a job in e3 category.
Appreciate your advice.
Ryan
Hi Ryan, I honestly don’t know (on account of now knowing your industry) but I’d suggest aiming for the bigger cities and a place you want to live. Technically trained professionals, especially with experience, don’t find it super hard to get work here, so aim for where you want to live and then look there.
If you just want to be here and don’t mind too much, if your skills are mining/resource/extraction related, North Dakota and to a lesser extent Texas can’t find enough people to save themselves.
Hey Geoff,
Appreciate your article, definitely calms the nerves! Even better are your responses to all the questions people have been raising – awesome!
QUESTION ONE:
I’m over here in the States (DC) with my girlfriend who has an E3 Visa. I am on an extended (6 month) Visa Waiver Program. I’m looking at jobs in the market, getting in touch with recruiters but as soon as everyone hears that I don’t have a current visa they don’t return any phone calls or emails.
How do you recommend I get around this situation?
Provided I get my foot in the door for an interview, or to talk with recruiters from companies do I say that I do have a visa, all that I have to do is go back to Australia and change the status of my visa (which takes 2-3 weeks)?
Any other suggestions how I get around this as in all of the job interviews I’ve had, they are interested until they here i’ve recently moved here and haven’t filed all the necessary paperwork.
QUESTION TWO:
Also you mention going back to Australia for the initial E3 Visa. Is this essential? I do have a trip booked to the UK at the end of my 6 month waiver so just wondering if there are any other (more economical) places which I would be able to successfully apply and process an E3 Visa?
Cheers,
Andy
Quick answers:
1) Don’t tell them you don’t have a visa. If they ask, tell them Aussie get a special deal because of a free trade agreement; all you need is the letter of offer and you take care of the paperwork yourself. Everyone else here who doesn’t have a visa is a massive cost and PITA to sponsor, so no wonder they’re not looking at you twice. The best advice I’ve heard is to not even mention it (and perhaps even white lie) and if they love you and want to give you the job filling in a free LCA isn’t a deal breaker.
2) It has recently become possible to get your initial E3 outside of Australia. As far as I know it still has to be outside the US, but I’ve heard of people getting their initial grant in Toronto for example. This wasn’t possible in the past.
Thanks for the response Geoff.
It’s a real challenge, to get a foot in the door then to have to try and convince an employer that I have the VISA situation all under control. Even mentioning “paperwork” such as the LCA they run for the hills.
Do you know of any resources online which have a list of companies who have previously, or are open to Australians on the E3 Visa? This would be amazing if you did!
Be creative. Many others have done it before you. Just don’t mention it until you’ve got them hooked, and if you need to tell them you have it under control until you get them hooked. As for a list of companies, yeah, no luck with that. ‘Merica is a big place…
Hi Geoff,
Great article. I wanted to know how you have gone about your Tax if your an US Business owner on an E3 visa?
I have created an LLC to purchase property. I have a day job which sponsors me, so my business doesn’t have any affiliation with my E3 visa status, but some day it might when it starts producing enough income.
As an E3 visa holder are my business earnings taxed based on my E3 visa status?
Also, have you had to declare your earnings here in the US back in Aus?
Can you recommend a good CPA for E3 visa holders with US business?
thanks
Reed
Hi Reed. In terms of tax, my affairs were pretty simple since I made a clean cut from one jurisdiction to another and tax treaties mean I don’t get pinged.
As far as I know, your tax arrangements as an E3 visa holder are PAYG related and are part of you being paid the minimum threshold that the LCA requires for your role. The visa might be tied to a business, but it is really connected to your capacity as an employee (and thus your taxes as an employee are key).
Hi Geoff!
Thanks for all this wonderful information. I am currently working in SF on a J1, and am about to commence my E3 application. I understand that the J1 is cancelled when you apply for the E3. Do you know if it is cancelled at the time you apply for the LCA, or later, like when you book your consulate appointment?
Thanks,
Caitriona.
Hi Geoff,
Thanks for all the wonderful information. I am currently working in SF on a J1 visa, and am about to commence the E3 process. I understand that your J1 is cancelled when you apply for an E3. Do you know if it is cancelled at the time that your apply for the LCA, or later, like say at the time of booking your consulate appointment.
Also, do you know if many Aussies are successful getting their first E3 at a Canadian embassy location?
Thanks,
Caitriona.
I’m pretty sure there isn’t any connection between the Department of Labor (the crew who issue LCAs) and the Department of State/Immigration). Additionally, applying for an LCA is something an employer does as part of their request for the right to hire you, so I can’t imagine that having any effect on your visa status.
The transition from J1 to something else (E3) isn’t something I’m familiar with; I’d imagine however that even at the time of a consulate appointment booking you actually haven’t applied for the E3. That only happens at the Embassy.
Your biggest risk as I see it is that you’ll have to go to Canada/AU to apply for your E3 visa. My guess is that is when your J1 visa would be terminated or ejected from, and so your risk is that you get to Toronto, show up for your appointment and they knock you back, leaving you visa-less.
As for locations in Canada, I haven’t been keeping up with the details but I know a friend got his (initial, not renewal) E3 in Toronto a few months ago now.
Hi Geoff,
Great article with a lot of useful advice. I am in the process of applying for a Visa and have a simple question- can one apply for an E-3 Visa if they do not possess a Bachelor’s degree or higher?
My father is setting up a business in the USA with one of his friends (a US citizen) and he wants me to work there, which I am very excited about, but will the lack of Bachelor’s degree (or higher) render me ineligible for the E-3 Visa – and if so, would you have any suggestions of the Visa I should be going for?
Thank you Geoff.
As far as I understand, the key is to prove you’re a “professional”. A degree is the easy path here, but if you don’t have a degree you can demonstrate 10 years of professional experience in a field and they suffices; normally you need letters of support from people in the field who vouch for the fact you know your stuff professionally.
Thank you for your reply Geoff, unfortunately I cannot demonstrate 10 years of professional experience in that field as I will be going in fresh- the only thing I have going in my favour right now is a guaranteed sponsor.
Is the E-3 Visa the Visa I should be perusing?
Thank you so much for your time and help.
No, E3 requires a degree or equivalent experience – try E2 or you’re stuck with H1B. The B class can be good for longer term stay if you can still get paid as an Aussie into an Aussie bank account.
Hello all
First off, Geoff, I commend you for starting this extremely helpful forum.
I think the E3 visa has become synonymous with the business in the I.T sector. Is there anyone who belongs to another sector, say Logistics/Operations (my field) and has managed to secure an appropriate break in the U.S ?
Cheers
Sam
Sure thing – the qualifier is that you need to have a professional degree and a job that will pay you > the threshold so you’re not undercutting US workers and jobs.
Thanks Geoff. Well, I have been actively looking at the job boards, the ‘indeed’ website more than others. Most of the companies I have perused seem to have that ‘we will not be able to sponsor you if you don’t have work rights’ clause. I have checked out the ‘big’ company websites after that as well. At least the ones I saw, seem to have the same statements in the jobs they have advertised (at least the ones I liked)
Do you know any Aussies from my field who have been able to hop across the Pacific successfully ? or am I looking in the wrong place as far as jobs go ??
Cheers bud
You’re looking in the right place, but you’re taking no for an answer all too easily. Very very few employers in the US have heard about the E3 visa. What they have heard of is the very hard to get, very expensive (lawyer and paperwork costs) H1B visa and it is super understandable that they don’t want to go through that. But in your case they won’t go through that. So tell them you’ve got the right to work in the US because of a free trade agreement and a special visa class called and E3 which they haven’t come across before, and then move onto the next step in the interview. If you get the job, you take their letter of offer and get the visa on your own. Easy.
Geoff, thanks ! You indeed have put the right perspective to my search and I definitely see your logic of how the potential employers might think; I will now cater for their line of thinking as well. This really, really helps.
Cheers
G’day Geoff,
Thank you for putting together a detailed and well written article on this subject. I am thinking of coming across to search for a job in data Analytics, and really just get an experience living in another country.
I am reading the detailed sections numbered 1-6 in your article. (not the 10 point overview)
I have two clarifications:
1. If I find a sponsoring employer, I would only need to worry about points:
1. Finding a company or setting up your own
4. Booking a Visa Appointment
5. The DS-160 Application
6. Visa Appointment Day
2. Is the LCA process difficult for the sponsoring employer? It looks a little difficult if I wished to setup my own company in the USA, I assume it’s much less tricky for them?
Thankyou
Greg
The LCA process is easy and setting up your own company (and convincing visa people it is a legit serious company and not just a shell) is much harder.
Hey Geoff,
I’m now in the states actively looking for roles in Data Analytics/Analysis. I have a query about the prevailing wage that my potential employer will have to put on the LCA.
Looking up my role on O*NET Online, it looks like I fall under either :
1. “15-1199.08 – Business Intelligence Analysts”. This has a median wage of $39.01 hourly, $81,140 annual.
On flcdatacenter.com the Level 1 Wage for this is listed as $21.18 hour – $44,054 year and it ranges to Level 4 Wage:$45.30 hour – $94,224 year
Mean Wage (H-2B):$37.26 hour – $77,501 year
OR
2. “43-9111.00 – Statistical Assistants” $19.15 hourly, $39,840 annual
On flcdatacenter.com the Level 1 Wage for this is listed as $16.98 hour – $35,318 year and it ranges to Level 4 Wage:$25.49 hour – $53,019 year
Mean Wage (H-2B):$25.49 hour – $53,019 year
So provided the job offer entails a salary greater than the Level 1 amounts, I should be alright with the LCA?
Just a bit concerned as I am not expecting an offer that will be greater than the mean wage for the Business Intelligence analyst.
Thanks once again, brilliant advice on here.
Greg
Go with the lower tier on the LCA. They don’t really care much about your skills & the role but the position needs to be paid more than the prevailing wage
Hi Geoff – I’ve been offered a job as a Data Analyst in Austin, Texas. I have written a document for my employer to guide them through the LCA process. I have suggested to them that they apply for the LCA using the OES/SOC 43-9111.00 Statistical Assistant position rather than the 15-1199 Business intelligence Analysts position.
I am a bit concerned as the offered wage is slightly less than the median prevailing rate for the BI Analyst position, but significantly more than the Statistical Assistant prevailing rate.
They won’t reject the LCA because I am getting paid too much will they?
Thanks again,
Greg
No as long as it is above the floor you’ll be good
Geoff – I have formally accepted the offer and provided my employer the instructions to complete the LCA. They have been slow to submit the forms, but the have promised they will do it by the end of the week.
My employer will submit the form electronically.
My questions are:
1. What is the output of the form – is it something that is printed out from an online source or is it a physical piece of paper?
2. I am currently still in the USA waiting for the outcome of the LCA. I plan to get my E3 processed in Melbourne. Can I return Australia now and get my company to FEDEX/Email the LCA confirmation to me?
Thanks again,
Greg
Congratulations Greg!!! The LCA is just an emailed PDF file from the Dept of Labor. I just printed it off and took it to the Consulate I think – the number on the LCA is important, but the piece of paper itself isn’t a very big deal.
There are certain rules about the company being able to provide the LCA for interested parties; this isn’t a big deal though as it is almost never something that happens. Interested parties are either govt people or potentially unions who want to raid a company and try and make sure you’re not undercutting their conditions; not a practical concern in most occupations and in most of America where unions are widely seen to be corrupt and don’t have the same influence as Australia.
RE the LCA, you just need to print it off yourself; no need for the FedEx thing.
Finally, I’ve heard bad things about Melbourne and the E-3. I’d reconsider if I were you, and head to Sydney if I were you.
Also when it says get the LCA signed and “Certified” what does this mean?
LCA has been certified and has been signed by my employer! Got my signed and notarized work contract… Exciting times, booking flights come now.
Thanks for the assistance over this time Geoff.
Hi Geoff,
Thanks for that mate, the information you have provided has been of great help to the process, I do owe you a beer or 24. 🙂
Hmmmm, that is not good news about the Melbourne consulate, doesn’t make me feel confident at all. I am a Melbourne resident (not an Austin-ite yet), so a consulate meeting in Sydney would be very inconvenient.
Anecdotally I know of two people who have had their E3 Visas approved recently in Melbourne.
One person I met at the consulate when I got a B1/B2 Visa in January who had his E3 approved (he didn’t have a degree and was accepting a role managing a pie shop in NYC). The second person was a wife of a friend and she accepted a corporate role for Aeropostale in NYC. That would have been last year…
What have you actually heard? If I go to Melbourne and it’s rejected can I try again elsewhere? Or am I forbidden to *ever* try applying for an E3 again?
Mainly that they’re a lot harder on people going for an E-3. They have rejected a friend because the company she was working for (a very high end medical science consulting company specializing in lab quality/processes) didn’t have a website.
Another friend got rejected because he was the founder of the business (a lot like my situation) and now he’s completely screwed because there isn’t a right of appeal and worse, he has to tick the box “have you ever been denied a visa”.
Basically, I’ve just heard back things about the bias to say no in Melbourne (which is strange since we’re talking about people who are going to pay a lot of tax to the US and move here in the prime of their lives….)
Hey Geoff,
Went up to Sydney on Wednesday and got my E3 Visa. Arrived 10am, left about 10:58.
They didn’t even look at my letter of offer. The interviewer asked some brief questions about my job and whether I had related degrees for the job (I had 2 which probably made it very compelling). So I’m in.
Cheers
Congratulations Greg! Where in the US will you be heading?
Hey Geoff, I will be doing my best to “Keep Austin Weird”. 🙂
Is that mainly about stopping Portland’s theft?
For what it’s also worth to your readers, there is no need for the platinum express post bag, the consulate uses a courier to return your passport.
Hi Geoff,
Thanks for the great information. Makes life a lot easier for a lot of people
I am a Geologist looking for work in the US, and am thinking of heading over there in the next few months to have a look. I have already had a few contacts who may have been interested, but once I mentioned that they would have to do some work they backed off…..so the one thing still confusing me is where you said: “The company will need to apply for an Labor Condition Application (LCA) for Nonimmigrant Workers (9035 form, online)”. How much work is it for the company to do that is not familar with the process? Can they complete it in minutes? And do I wait for some form off them?
Or do I actually fill the LCA myself? Sorry if ive picked this up wrong….
Karl
Filling in the LCA is a piece of cake. Most other forms of sponsored immigration here is really hard and expensive, which is why people back off. The blog post has ALL of the screenshots associated with the LCA – as you can see, it isn’t hard, and there’s no reason technically why you can’t fill it in for the company but remember, it is a request that is being submitted by the company so don’t forget it has to be done with their explicit consent or things could become fraudulent.
Hi Geoff,
Thanks for putting this info up. There’s so much out there to be read, it is overwhelming! Wondering if you had any advice for this situation. I’m currently in the US on an E3 (yay for us!), however my partner is currently in the US on a B2 tourist Visa. He is travelling to London, UK to ensure he is out of the country before the 6 month tourist period is up.
What are his options for re-entering the US?
– Is he entitled to apply for another 6 month tourist Visa from the UK or would he need to go back to Australia?
– Is there a certain amount of time he should allow before he traveling back to the US?
– Worst case, can he just come back into the USA with the 90 Day Visa Waiver Program available to Australians?
– Worst case #2, I’m on an E3 and we can get married. To be eligible for an E3-D (dependent Visa), would we need to get married outside of the US? Is there anything we need to be aware of in going with this option?
If you need any more details, let me know. Thanks for your help!
Tricky. I’d suggest coming back on the WVP but give it a bit of time (which is pretty fuzzy and at the discretion of border security as far as I know). I don’t know how the transition to E3-D works when you get married, but I can only imagine there’s a lot of hassle with proof etc.
Thanks Geoff. Agree with the fuzziness. The process works, it just takes some logistical adaptability on our part doesn’t it!
Hi Geoff
I want to say thank you so much for you terrific blog and step by step instructions. On Thursday I got a E3 visa successfully!! I have set up a company and employed myself. I followed your steps and it pretty much went to plan. I got it down in Melbourne and also have my wife and 2 children as dependents.
Thanks again, it’s a very exciting chapter in our life.
Thanks Geoff, that is by far the best article I have seen about the E3 after nights on the web!
Simon, did you pay all four fees and took appointments upfront for your three dependents, or did you wait until your own one was approved?
THX (I’m in Sydney, currently explaining my hope-to-become employer in Colorado how to fill out the LCA….)
You can fill in the LCA *for them* with their approval & the details you need… Just think of it as being their PA in the process 🙂
Hi Geoff
I’m currently on a B2 Visa, with my 6 months finishing mid Jan 2014.
I’m looking to extend my Visa through the USCIS I-539 process:
http://www.uscis.gov/i-539
http://www.immihelp.com/visitor-visa-extension/visitors-visa-extension-documents.html
Have you heard about this before? Know of anyone who went through the process?
It is my understanding that you can apply for this whilst still in the USA. Is this correct?
It states that it will take 45 days to consider your application, so I might be short on time. As my partner is working on an E3, my reasoning will be based on her support and her contract period.
Not sure whether I should go through with this process, or head back to Australia and apply for another Visa.
Cheers
Andy
I’ve heard of this but don’t know anyone who’s gone through the process. The change of status on-shore usually means you’re stuck until you get a determination; you can leave the US of course but you can’t come back in normally. You might do best to get your own E-3, or get married and move to an E-3D
I paid for all 4 appointments and did them at the same time. A quick tip is to complete a DS-160 for each person, the others as a E3 -D.
Thanks Simon.
So the E3Ds do not need a LCA of course?
Hey Geoff,
Ive been here on the B2, girlfriend on the E3. Exploring some options including getting married.
Are there any issues with getting married inside the USA?
Once we are married in the USA, do I then need to leave the country?
Is it from outside the country that I need to apply for an E3D Visa?
What sort of information is required to ascertain this?
Just get the feeling its an awkward VISA to obtain.
Would appreciate your thoughts and if you have heard any experiences. Recommendations would be great!
Cheers
Andy
I’m not sure re the marriage option Andy.. something I’ve been able to avoid so far 😉 I don’t think it would be that awkward though… other than the need to get married 😉
Correct, they do not.
Hi Simon
Did you go through a LLC or C-Corp and did you have to show any paper work at the consulate about the company as to how much is the net turnover,how many directors,etc or was it as straight forward as setting up the fresh company in Delaware and then hiring yourself?
Thanks
Sash
I did a LLC where I am the only member. I had information ready, but they didn’t ask for it.
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Hi Geoff,
Great blog, really informative. Would it be ok for a company who is sponsoring an employee for an E3 visa to charge the employee for “costs associated with the application”, such as what they would have to pay attorneys to complete the process? I saw somewhere that employer could charge for “premium processing” but was not sure what this includes? Is there any rule that this cost HAS to be on either the employee or employer or can it be agreed upon between the parties?
No rules that I know of Maggie, and in general, when it comes to employer/employee rules in the US there aren’t really many. The whole nanny state and control of your (work) lives we’re used to in Australia doesn’t apply in the US as general rule… it is one of the best things about the place. It sounds to me like some lawyers working for an employer are charging a premium fee for prioritizing the work, and then this is trying to be passed through. The whole LCA and E3 does not need a lawyer (as my post shows) so it really should be a mute point. A H1B on the other hand is super paperwork heavy, and they might be used to working that way with new hires.
Hi Geoff,
I’,m actually in the U.S. right now. I’m working retail- however in a management position (A supervisor also known as a team lead). The company wants me to stay with them, and is willing to fill out paper work. I want to stay with them. I have a Bachelor’s Degree- however this position does not require one. It is a big corporation, so they cannot offer me a job that is not there. Is there any way around it and still have the team lead position, and still get the E3 Visa? I already have used which ends this year in May my OPT visa. So this is really my only options. Any tips? Considering it isn’t a “specialized” field/
Thanks!