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 
Hi Geoff, Can you ping me Michaels email above so I can ask about his resume for GM he sent to Trustforte for approval?
Hi Geoff,
Seriously impressive blog.
I have one question about setting up your own LLC in the US.
When applying for an E3 VISA under that company do you need to avoid disclosing your ownership to the immigration authorities? I thought there was something between employer/employee relationship – as in you can’t be both?
Cheers,
Jessie
Can anyone tell me if Jess’s question is valid concern? Do I need to avoid disclosing my ownership in the LLC – being both the employer and employee?
Jerry
Hi Jerry,
did you get an answer anywhere for this? I have read conflicting answers so far.
Cheers,
Jeremy
Hi, I have heard conflicting answers as well. I know that many companies are formed in the State of Delaware to shelter the names of the owners. I sure would like to know if I can be an owner and hire myself before I get into a situation that may cause future problems and possible deportation. Can anyone guide me to the answers I am seeking?
Jerry
Thanks Geoff for all your advice. We (wife and children too) got our passports back monday with the nice stickers in it (Yeahh!! a selfie with Lincoln!!). Flying over Tuesday !
To share a bit of my experience: I (and wife/children) am French born. We just had our Australian citizenship a bit more than a year ago. I woudl have thought this could have triggered some more questions, regarding our ties to Australia, from the officer at the consulate (Sydney)..but not at all! As per the post above, this gentleman has just been asking the standards questions regarding the company and the work (and “have you ever been arrested?”).
Cheers
Brilliant!!! Congratulations 🙂
Question.. if you are on the E3 VISA and you temporarily are unemployed, can you file for unemployment? Also, is there a limit on how many days/weeks/months you can stay in the US before finding your next job?
My understanding is you have 10 days to leave the country when your employment with your E3 sponsor terminates.
Technically yes, in practice not that black and white. Difference between maintaining status and being in status. So hypothetically you lose your job, meaning your visa is no longer valid as it is dependent on your work. This means you are not maintaining status. You are however in status, provided your I-94 has not expired. I had about a 6 week gap between jobs a few years back. My lawyer said this was not a problem, due to the fact I had validity on my I-94. I wouldn’t try to enter and exit the country while in this state, your only reason for leaving should be to get a new E-3 to start a new job, or to leave permanently. In my case, not a single question was asked about the date my last visa ended and I was starting the new one.
Usual disclaimer, consult a lawyer, blah blah.
That differs a little to what I was told (by an immigration lawyer)- the 10 days “grace period” applies to H-1B visas, but does NOT apply to the E-3. So, Lee is correct in that you can legally stay in the US until your I-94 end date – but the I-94 is usually tied to the expiry of your visa. So, if you lose your job with some time still to run on your visa (and therefore your I-94), you can remain in the US until the I-94 end date. On the other hand, if your visa expires, that usually means the end of the I-94, and with no grace period, its out you go (actually, no-one is likely to come looking for you, but if you try to re-enter with an overstay in your file, things could get tricky).
And just to complicate matters, they apparently are not using the I-94 form any more but doing it electronically (newsflash – US Govt Dept arrives in 21st Century!!!) – and the last time I came into the US (from Canada), the guy didn’t write anything on the date section of my entry stamp.
FYI – you can retrieve your electronic version of the I-94 here: https://i94.cbp.dhs.gov/I94/request.html;jsessionid=0HFVT4Lfhw9Pgh4xLk6Gkf2hFlHz3HyrfmL1BnhlK4TxtwdSvymj!1334480314
Ok.. I was about to have a heart attack! lol.. Thanks Lee and PC! My VISA is valid until October this year.. So I guess I have a bit of time. Really don’t want to leave.. so till be trying to find a job ASAP. Anyone know of any recruiters in the Chicago area? 🙂
Much appreciate all your help guys!
Mia
Mia, remember that it is your I-94 validity, not your visa validity that matters. They should be the same, but occasionally are not if you get an CBP agent that doesn’t know what he/she is doing.
You can not get unemployment on an E-3. You can on an E-3D.
Thanks Lee, got it 🙂
Also thanks to gcelec for the link.
Much appreciated!
Hi Geoff,
Firstly, I just wanted to thank you for this blog. It is a godsend.
I have a quick question – If you leave the country to say Canada or Mexico to re-new your VISA and your VISA is not approved, can you still get back into the US? Is there any chance that they won’t let you back in, even if your I-94 is still valid?
Thanks,
Mia
Hello Geoff,
Wondering do what you mean by Certified copy of LCA. Can my potential employer sent the LCA approval letter over email and can I use it. Also with the offer letter, if he sends me a signed copy over email, can I use it. Or does LCA and offer letter need to be sent via post to me ?
Also do I need to have my DS 160 filled and paid to schedule an interview.The interview link in the blog is not loading.
Thanks,
Santosh
Santo I’m pretty sure they changed the ‘get an interview’ link to a new system – feel free to let me know the new one (shouldn’t be too hard to find).
As for the LCA, I just printed it out – no need for a notary or anything and I’m pretty sure they didn’t look at it – the LCA # however is a big part of the DS-160 and she whole visa process; it is critically important, but as a whole piece of paper/form I don’t remember it being a big deal
Thanks Geoff.
Looks like the link is “http://www.ustraveldocs.com/au/au-niv-appointmentschedule.asp”
Santo
Could I ask how did you go about applying for job and getting interview in US? Did you apply from Australia or went in person interviews at US?
Cheers
RK
Hi RK,
Used LinkedIn & Monster and most of the interviews were over phone and few over skype.
Good luck.
cheers,
santo
Thanks Santo.
Geoff thanks so much for your blog! The level of detail you provided (including screen shots) was really helpful. I just forwarded the link to your blog to my US employer who found the LCA process very straightforward.
I have my visa interview booked for this Thursday and I’m pretty sure I’m adequately prepared but can’t help being vervous. Fingers crossed!
Geoff,
1. What are some of the top job sites and consultants to send my CV and get a job?
2. Are there any E3 Consultants you are aware of who will place in US?
Thanks a ton, in advance.
Cheers
RK
Not aware of any consultants. Unless your skills are highly specialized and in demand your only way will be to come here & hustle really.
Use LinkedIn and make sure you know how to SEO your profile. Big US employers often hire oversea as talent is fiercely contested in the Valley. Also try indeed.com. I think you would have more luck with bigger firms who have immigration departments and can handle the paper work.
Hi Geoff,
I know this might be repetitive but I have found that this blog is the best resource available for E3 issues. I am currently in the US on a J-1 12 month work visa and am looking to transfer to the E3 in September when my current visa expires. My degree is in psychology and I am looking to get a job in HR/Recruiting. The position of recruiter on the prevailing wage website says that level 1 pays about 38k, so if my base salary is not that, what should I tell my potential employer? And what should I put on the LCA?
Thanks in advance
Nick
Hi Nick, if you’re not being offered a position at $38K then you’re in a bit of trouble. Your best bet will be to find another category, like clerical, which may reflect in actuality what you’ll be doing in an entry level role. The prevailing wage should be lower, and of course that is what you put into the LCA application.
Thanks for the reply!
With this particular position, I don’t know the actual wage as of now but hypothetically, if my base salary was 30k but I was making at least 10k in commissions could I count that as a 40k prevailing wage? If i couldn’t and I had to find a different category, how thorough are immigration on proving that the category is exactly what I will be doing?
I don’t think they allow for commissions in the calculation. It is the Dept of Labor that make the decision about the role being allowed (based on prevailing wage) and then you just need to convince immigration (with your letter of offer and the approved LCA) that you are legit for the role.
Okay so if I find another category such as Office and Administrative Support workers which I would easily make the prevailing wage, will the Dept of Labor see that and say that because it doesn’t earn much money, it cannot be a specialty occupation?
Say it is an entry level role if they quiz – I think you’ll be OK though
Well this position actually is an entry level so I hope it will pass. Thanks for your help, I appreciate it immensely.
Geoff, such a simple and great article!… I’ve been offered a great role in New York. Hardest part has been the job code/prevailing wage issue on the LCA form. I will be in a logitics/operations management type role for a start up company but the salary the company has offered me matches up with jobs that don’t seem to have an education/training code set on the FLC data website although the company requires a Bachelor of Business for the job (which i have). Do you know if this still get approved, or does the job code need to have an education level set?
I wouldn’t worry about that – find the code that makes sense for you and fits under the prevailing wage; I know of people who’ve gotten their LCA approved saying they’re an office admin on $30K a year – it really doesn’t seem like the LCA people need to check anything more than you’re not going to undercut local wages, and then you make your case about the opportunity/role if you’re quizzed at the interview.
I’ll give it a crack, thank you!
Hi Jess,
My job code is ‘General and Operations Managers’.which is pretty vague but my E3 was renewed last week for the 4th time without any problems.
Hi Gcelec,
Since you seem to be a veteran at getting an E3 I am hoping for a little advice. I have an employer that might be interested in offering me a position but since he hasn’t heard of the E3 before he is a little hesitant. He is in contact with the company’s attorney to try and find out more but I don’t think the attorney knows much about it either. Is there a resource I can show or some things I can tell him to reassure him that hiring me is not going to be a mistake or liability?
Thanks in advance,
Nick
Hi Nick,
The US Embassy Website http://canberra.usembassy.gov/e3visa.html would be the best site for your future employer to look at.
Note the Youtube video link on the website. It’s very informative but not very noticable – It was posted 3 years ago, but I only just noticed it. https://www.youtube.com/watch?v=_NPo_9y6qUA
Note at the end of the Youtube video he says that there is no cost to the employer for an E3 visa. All they have to do is fill out the LCA on line which is pretty straight forward.
Sorry, what YouTube video are you referring to?
Ooops, didn’t realize it was waiting for moderation. Just posted it.
Hi Nick,
Sorry it looked like a cryptic post but my previous post is still awaiting moderation, probably because it has hyperlinks in it.
If you google ‘us consulate canberra e3’ the first result will be the The US Embassy E3 visa website. You can show that to your future employer and he can watch the video that explains it.
Hi, this is a tough question and i can’t find anything about it on the internet!!
I will be booking my interview for an E3 Visa in the next 2 weeks either in Toronto or Sydney if i have to. My only issue is that my birthdate on my current Australian passport is XX/XX/85 – this is government issue policy for new passports (i lost my recent one in California) based on old citizenship certificates for migrants that did not have full birth dates for children.
I have applied for a proof of Australian citizenship, which will have my full birthdate on it and i will then apply for a new passport however was told by the citizenship office it can take up to 2 months to be sent to me!!
I do have old passports with my full birth date on them and can bring all my identity documents to my US Visa interview to prove date of birth. Will this be sufficient? I want to know if there is a chance the Visa application will be denied because of the incomplete DOB in my passport?
Thanks for any help 🙂
Wow, I never knew that was what they did!!! Holy crap!!! I honestly have no idea; hopefully someone on the comment thread here sees your situation and knows how it works, but I wouldn’t hold my breath – can you afford to wait at all?
Where are you living now? I am wondering if you could get some sort of temporary verification from an Australian consulate? You can also call the US consulate and ask how they would approach your situation.
I have found it much easier to email the consulate at support-australia@ustraveldocs.com
with questions about my E3 application. They usually respond within a day or 2.
I’ve spoken to a few different consulate and visa departments on the phone about it and everyone seems to have a different answer…the Australian government is a lot less clear about dealing with things like this than the US! I think the safest thing is to go back to the Sydney and get a new passport to take to my Visa interview, however employer isn’t happy that this may take up to 2 months to sort. I wouldn’t want a US visa rejected as i’ll then need to declare it for all other applications
Hi Geoff,
Thank you for such a great article on E3 visa, it has all the fine details someone may need to apply for this type of visa.
I have a question regarding my case and would appreciate yours or anyone else’ advice on it. I am determined to take the path for obtaining an E3 visa and going to the US in the next a few month to land a job offer. I am optimistic that I can get a job offer there but my only concern is the interview.
Even though I am confident I can demonstrate strong ties with Australia and can answer any questions the interviewer might ask but I was just wondering being born in a country like Iran would certainly affect the consulate decision making on my application or they may deny my application right away because of that?
I would appreciate if you could share your thoughts on this or let me know if you have heard any similar cases where they have been rejected or accepted?
Do you think if I do the interview somewhere else instead of Australia-Sydney that would help?
Thanks for your article once again,
Kaveh
Hi Geoff,
Thanks for your awesome blog. I have few clarifications on LCA and E3 visa process.
1. There is something called petition. Is it same as LCA or different?
2. Does the potential employer file for both LCA and petition or am I need to file them online?
Thankx a lot.
Cheers
RK
I believe petition is a synonym for ‘file’ or ‘apply’
Hi Geoff
Yes I reiterate the commendations on your blog.Thank you! VISAs can be emotional.
OK I have two questions.
Do you have to go back to Australia to get your E3 VISA or can I go to Toronto. I am on ESTA Waiver at the moment.
Do you think it is best to set yourself up as a company and then whoever employs in the US employs the company.. this way can you have multiple employers? Instead of having to go back and forward with multiple E3.
Looking forward to your wisdom
Gracie
Hi Gracie, good questions.
1. You can do it in Canada now (yay!)
2. When it comes to the company setup, the most important thing is to make sure you can show that your company has the means to pay you the salary you have to pay yourself under the prevailing wage. This is one of the biggest places where people doing the DIY approach fail. I’d strongly recommend getting a traditional job for your first E3, build up some connections and clients freelancing through an LLC (like a sole trader in AU, but more like a trust and has asset protection) and then when you’re able to make the jump switch across to the LLC by doing an E3 renewal.
There’s a few reasons for this, the main one being that you want to be super careful not to be denied the E3. If you get denied, then it is a lot harder for a future consular official to grant it to you (because they’re public servants – risk taking is not in their DNA, and approving someone that someone else rejected is a risk). Because the E3 renewal (change of job) is a lot easier than the initial E3 (since you have already had a govt official give you the green light, and you haven’t been charged with a felony or anything in the time you’ve been in the US) it is much lower risk.
Thanks Geoff
Great advice.
Call me confident or crazy but I have been living in the US on another work VISA (not E3) – that expired and then, as an interim I had to switch to to ESTA. I am in process of being offered a job but I want to freelance as well. I have a built up some potential clients but from my understanding I cannot have multiple employers on the E3. One E3 for one job. When you say show that your company has the means.. does that mean how much money I have in my bank. If I can prove this then I might have a green light ? But I hear you, step one go for simple and clean and then go for it. Judging from the next budget and the talk of the town back home it is going to be much cheaper to live in the US ..
Thanks again… you might have a new career..
Gracie
There’s nothing to stop you freelancing when employed by the other company. The rule is the opposite – you get to stay in the US while you are employed by that company, but there’s nothing that stops you from getting more work.
Ah really truly, so if someone wants me for some project work and I get some freelance contracts outside of my main job then other companies can just pay me and I work out the tax??? and no double E 3 visas? Thanks Geoff i think you might have made my day ..
Correct – you become a 1099 contractor to the freelance client.
Geoff, thanks so much for this amazing blog post – I never thought it was possible to get yourself an E3 visa until I read your blog.
PROOF TO PAY THE WAGE
There is just one question that bugs me after reading the entire discussion and that is the proof of being able to pay the E3 employee (yourself) the prevailing wage. If you land in the US and setup a company that has no source of income (yet – because it has just been setup), how do you prove that the company will be able to pay the salary?
Or do you set it up and while on the 3-month waiver you do projects to get some income going?
I have been living in Australia for 10 years, studying, contracting and freelancing the whole time as a sole trader in IT (web development) and I’d like to continue doing that in the US if I’m smart enough to get through the process of employing myself.
Thank you!!
Miro
HI Geoff.
What is your experience like with filing an I-129 form? I am currently on an E-3 for anther employer however i have been offered another job; the new job (HR department) doesn’t deal with any of the forms besides signing them (ie; LCA and I-129). I am wanting to remain within the US and file an I-129 form; do you know anything about the filling fee.? The form itself looks very straight forward however i am not sure if an E-3 visa applicant needs to pay the $1500 or $750 fee? Any help is much appreciated.
Regards
Reed
Hi Geoff, I am in a similar situation as Gracie’s and I just wanted to clarify something with you…
I have recently been sponsored by a start-up. They are an engineering and management consulting firm who have literally just started their business. I will be working as a management consultant for them, and will be contracted out to various clients. I have an MBA and other qualifications that align me to the role, so that’s not an issue. The question I have is, because the business is so new, so you think immigration will question
me when I go to the interview. I will be an actual employee of this company. They will pay me as their employee, but my clients will be paying them for my services. In a sense it is a traditional job where I get paid through the LLC, but my clients will be paying them. Do you think immigration will question this approach because it’s such a small company and I will be consulting to other businesses?
Hi Geoff, I am in a similar situation as Gracie’s and I just wanted to clarify something with you…
I have recently been sponsored by a start-up. They are an engineering and management consulting firm who have literally just started their business. I will be working as a management consultant for them, and will be contracted out to various clients. I have an MBA and other qualifications that align me to the role, so that’s not an issue. The question I have is, because the business is so new, so you think immigration will question
Also, i have noticed on the Canadian website when you book your visa appointment that they ask “if you reside in Canada” or “if you reside in the US”. If you click the “reside in Canada” visa appointment dates are available the next week. If you click “reside in the US” appointments aren’t available for 2-3momths… this seems strange to me and i am not sure if i just risk it an click the “reside in Canada” so I get an interview within the next two weeks.
What are your thoughts? have you experienced this?
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Great blog! Considering an E-3 but have a question. Do I have to work within the geographic area of the worksite listed in the LCA to maintain legal E-3 status? I have a telecommuting arrangement with my potential US employer and can work anywhere I want, including outside the US. Do you see any issues with this?
No, you can travel or live anywhere you like. I’m often out of the US for months at a time for my job.
Thanks- but don’t you have to work within the geographic area of the worksite location listed in the LCA to remain compliant with LCA regulations? I see you can leave the country for months at a time but I’m not sure what to list on the LCA if, for the majority of the time, I’ll be working outside the country. I need a visa for payroll purposes- can’t get paid without a social security number.
To clarify my question – I don’t want to live in the US at all- I want to telecommute from Overseas. Thanks for your input!
Then why get a visa???
I have a similar question to Miro’s (dated May 11) – what financial evidence of the company’s ability to pay me is required? You mention taking your P&L for your AU company to the interview (even though it wasn’t used). Like Miro I don’t have an Australian business and am an IT contractor here in Australia hoping to setup an LLC and obtain contract work once I have the E-3…
Hi Netney, did you end up finding an answer to your question?
No Tasha, no news yet!
Geoff are you able to provide any more details around needing P&L statements / financial stability of your newly created LLC?
I only have 3 more weeks on the VWP and am proceeding to apply for anything & everything! I am assuming an LLC is not a good option for me based on these comments & other web postings – if they ask at the consulate for documents, I can’t supply them & I don’t want to risk a visa rejected status recorded against me.
LLC can work – but without the ability to show income in a case where you’re the LCA sponsor and recipient you’re rolling the dice.
Thankyou for the quick follow-up reply Geoff – it’s back to the job boards for this little duck then
You are a true internet gentleman – best of luck to you!
Geoff – so if the newly created LLC is not in your name, and in the name of a US citizen, do you still need to provide the P&L and other financial statements. Can they be projected figures? Could Netney simply get someone else to create the LLC and he becomes an employee?
Tash, the folks at the consulate will likely do some cursory google searches to make sure it is a real business, but if the employer is a different name the effort to prove the company can pay you pretty much goes away.
Hey Geoff,
What a great blog! Just amazing stuff.
Quick question.
I setup a LLC in Delaware.
When I try to apply for an EIN, they ask me for my Social Security Number or an Individual Taxpayer Identification Number. Did anyone have this issue? How did you get around it?
Cheers
Luis
I think you just tell them you don’t have one – I certainly didn’t have one when I got mine.
Dear all
Here are a few heads up. Leave time lots of time between every step. There is a gap as Geoff mentioned in getting your EIN and then it uploading onto the ICERT system – where you fill your LCA. Even if you have the documentation and you send it in – even though you are registered – they won’t take it – because it is not upload on their system.
You can only pay VISA on line with the US Consulate in OZ if you have Chrome or Internet Explorer – MAC users beware.
Also I am wondering if anyone has had any problems but it appears it is difficult to book from the US. Is anyone else having problems.
Also I think Geoff the booking fee system has changed and you just pay the $270 straight up.
Anyone else have any intelligence on these matters – lets share
Very best
Gracie
Hi Geoff, I have applied for a FEIN no but is taking long. Can I still submit my E3 appln and attach a letter saying that FEIN is applied for? Pls let me know. Thx
I don’t believe so – the bottleneck will be the Dept of Labor LCA
Geoff this really is a helpful blog.
My situation is this, I’ve got a BA degree in town planning but I’m struggling to find out recruitment agencies in NYC who deal in this industry. If I get over there on a 90 day visa I can always start looking and going for interviews.
My other thought is setting up a private company but other than the serious looking administration process this involves, is this likely to be a sure fire way of getting an E3 visa regardless of whether then company is actually successful?
Appreciate your time.
James, I’d just fly to NYC & start meeting people
Geoff I’ve just remembered where i know you from, you presented the internetrix software to Dept of Planning in Sydney. I clearly recall your sales pitch which was very convincing!
I’ve been in Melbourne since 2009 but thinking about the States early 2015. I’d really appreciate any advice you have, it’s all a bit daunting!
Hope you’re doing well over there.
James
I have an approved LCA with a worksite in Los Angeles, and will be going in for my interview the US Consulate soon. Once I have my visa, do I have to fly into LA since that’s the worksite listed in my LCA or can I fly to Chicago first and then go to LA later?
You can fly to any port of entry into the US
Geoff, I have successfully landed a job in Jan 2014 in the USA on an E3 Visa, here for two years and may possibly extend. I am concerned about the double tax system. I would like to be a non-resident in Australia for tax reasons. What are your thoughts? Can you advise.
Hi Geoff, amazing page, thanks for all the information and spending so much time following up everyone’s comments!
Do you have any experience or heard anything about part-time work on the E-3 and using an hourly rate instead of an annual salary for the prevailing wage on the LCA? Many thanks.
Geoff
To travel initially for attending interviews in US, I am planning to go in ESTA or B1/B2. Does invitation letter is required for ESTA or B1/B2? If yes, how do I get one? Is there something like self-invite? Thanks a ton!!
Cheers
RK
Geoff, what happens if two employers file two separate LCA applications? I’ve been offered a job by Employer A and Employer B has just made me an offer. I was initially just going to go with Employer A (my second preference), but now that Employer B has come through, I really want to progress with them.
Is it possible to go back to Employer A and request they cancel the first LCA and simply progress with Employer B? I have not applied for the E3 with the US embassy yet. I am waiting for Employer B to come back to me first before I progress with the application with Employer B. Can you see any issues with having two active LCA applications in my name, but only applying at the embassy with one?
As a guy who applied and got visas for 2 separate jobs within a month with 2 separate LCAs, I can’t see that there is any problem with what you are proposing. You could even wait until Company B produces an LCA before you tell Company A you are not going to accept the position. In fact that is probably the prudent thing to do.
Thanks Lee! Will definitely wait for B to produce the LCA before I go back to A. I was more concerned about having two LCA’s active at the same time when applying for the E3 and having the interview. Wasn’t sure it there would be any implications.
@tash nothing. The LCA is a “right” not an obligation to employ a foreigner on a minimum salary by an employer – it is totally legit for a company to ask for and be granted that right and not exercise it.
Hi Geoff – quick question… Im from Melbourne and have booked my E3 interview in Perth because the wait time is much longer in Melbourne and I’m planning to visit friends in Perth at the same time… Does it actually matter where you interview? Will they ask why im not at the Melbourne Embassy? Thanks!
I don’t know, but since you have a reason that isn’t “I’ve heard Melbourne consular officials are horrible” I think you’ll be OK.
Hi Geoff, I’m not sure if this has already been asked previously, but I would really appreciate your thoughts on this. I have found a diamond company willing to sponsor me to work for them as a Sales Trainer but I do not have any qualifications in this area. I do have a Bachelor of Science in Physiotherapy with minor quals in Pilates and Personal Training. So, does this mean I will not qualify for the E3 visa since I don’t have a degree specific for the proferred role? Or is there a way around this?
Thanks in advance.
Question: I am on an E-3 visa with Company A. I want to stay with this company.
While, I am employed with this company, can I open a LLC and generate income outside of the employment with E-3?
To clarify, I want to use the LLC for product development. If it is successful, I might look into marketing and selling the product. All this is assuming I keep my employers informed and don’t cause any conflict of interest/work hours with Company A. Would this additional income cause any problems?
Also, can I just be the owner of the LLC and not pay myself? I will still be doing product development/maintenance work for it in my free time.
That all seems completely legit.
Thanks Geoff! I appreciate your views. It does seem legit to me also. Just that I have not heard of anyone opening a LLC for something other than employing themselves to get the E-3.
If you are on linkedin you should join “E3 Visa Consultants” group (if you are not already on it!). There are quite a few folks in that group discussing E3 topics. Your insights would be most appreciated.
I’m a bit too busy to join a link in group but feel free to suggest people pose any questions here in the comments & we’ll try & answer them!
Linkedin* autocorrect fail
Hi Geoff,
Thanks a lot for your blog, reading it today shade some light on a day full of worries for this visa.
I’m about to start the E3 process with an attorney in US that is complicating my life unimaginably.
She is saying that before going to the interview I need to produce documentation that proves a viable US business: the rent of a real physical office, start up of business such as proposals, invoices, receipts for purchasing of office equipment, tax returns, letters from clients acknowledging my move to the US, a detailed business plan. A lot of stuff that is quite difficult to produce before physically moving there (I’m still in Sydney).
Did you have to produce anything like this for your interview? Did they ask you a business plan or other documents to really assess the viability of your business? Can you tell me again what type of questions on the business did they ask you?
Reading your post I’m getting that the interview is to assess the employee and not the employer (even if they are the same entity but I guess that they don’t know) so I’m starting to question the logic of my attorney in asking all these proofs for the business viability.
Sorry to bother you with all these confusion… any piece of advise?
Thanks a lot in advance.
Ciao
Riccardo
Your first mistake is engaging an attorney!! The interview is about making an assessment of the validity of the role, and I know of people being rejected because to company didn’t seem solid or real enough. Your attorney is right in suggesting ways to prove the business is viable (these aren’t questions you get asked if your employer is big or established) but they are right to want to know that the company can pay you that wage and you won’t become a homeless burden on the US taxpayer. If your US business is an expansion of your AU business as mine was, I just had to convince them my AU business was viable. At that time we had a team of 5 in AU and revenues of $500K – the dirty little secret was that most of that revenue was services revenue that had no guarantee of repeating the next year, but the fact I could confidently talk about expansion (I took my financial reports but they didn’t look at them) and that I had an AU company was enough. Companies in StartMate that have gone for their E3s have gotten in with much less than I had, and certainly no leases etc
Hi Geoff, thanks so much.
I know that you are not an attorney but since you are so knowledgable I’ll try to ask you what is your recommendation on this…
I work for a company overseas (incorporated in the Netherlend and in Singapore, with the dutch being the headquarter). We are about 30 people around the world working for it but as consultant… that means that each people in their own country has their company that invoice at the end of the month to either the two headquarters. We are in the marketing consultancy business so it is quite feasible for us (btw I’m also a shareholder of the company).
So now we want to expand to US and I’m about to start the process of the E3 with the above mentioned attorney.
Reading you I wonder if I have two options:
1. The headquarter opens an LLC in Delaware (completely owned by the dutch one) and file for my LCA and gives me a job offer (we are currently following this path although the employment part is not well received from my other partners and share holders as nobody is formally employed and they would like to keep it like that)
2. I open my own LLC in Delaware (obviously this would be a better solution for the headquarter because they would not need to formally hire me) but at the moment in Australia I’m operating as a sole trader which I’m not sure that it would be considered a proper company at the eyes of the officers although I have a proven revenue of $200K.
What do you suggest?
Btw I haven’t retained my attorney yet so should I dump her?
Thanks a lot again mate! You are great.
If I manage to get there you have 5 beers assured in Miami! 😉
Ciao
Riccardo
I’d go with option 2 and lean on the AU business and say as little as possible about what sounds like a sketchy unorthodox structure
Hey Geoff,
I’m sorry if this has been answered but in regards to the E3, is it actually a sponsorship. I have a company interested in me but they say they don’t accompany sponsorships. I think that would apply to the H1B but is there a way I can get around that with the e3?
Tell them you already have a visa & just need them to sign a document (LCA) to update your status with immigration. American employers experience with H1Bs is so bad I’m not surprised they have a blanket ban
Okay will do. There is nothing in the LCA that would lead them to believe I was lying though?
Also, if I can’t find a job before my visa ends in September, what would you advise as the best/quickest way to get back to the US is?
Hi Geoff,
I need your help desperately. I submitted documents for
Evaluation to Trustforste for 5.5 years study, 1.5 years at a university in a different field of design and 4 years in fashion design for a cert-advanced diploma (worth 3/4 years of a US Bachelors degree). On top of this I submitted 3.5 years of experience as a fashion designers assistant to make up the last year, to which they denied because it was an assistant level. Am I able to request a Bachelor of Design instead, or explain my case properly to get approval or is this little chance? Or can I get this evaluated in Australia, since Aussie bachelors are 3 years and then bring that document instead to the visa office?!
Thank you
I don’t know anything about trustforte unfortunately; friends have gotten through without them though by getting references & paperwork organized and being confident but not cocky at the interview.
Thanks for the quick reply, Geoff. Do you think it will be beneficial for me to accept the document evaluation from Trustforte saying that I have completed an equivalent of 3/4 years of a US bachelor’s degree (instead of showing 5.5 years of study)? And then bring my 3.5 years work experience referral letters to the interview?
The rule of thumb is 10 years experience in a field is equivalent to a degree, so being 0.5 years off a degree and showing 4 years should be enough (as long as the 4 years is relevant to the field – ski instructing or flipping burgers doesn’t count)
Hi Geoff,
Again thank you for an amazing blog. I got denied the first time because 1. I didn’t have a bachelor’s degree and 2. my role and pay wage did not meet their requirements.
I’m re-submitting and going for my next visa interview, with my role and wage being amended, and with an equivalency document from Trustforte. Do you think the second time will be a lot smoother or harder because I ticked “yes” to “has a US visa ever been refused to you” to which I answered I did not have sufficient documentation to support my case.
Thank you so much!
It will be harder, but be prepared and show humility (I was an idiot last time – sorry for wasting your time) and you should do well.
Hi Geoff, quick question. I just had my E3 visa approved and passport returned, so I booked a one way flight to the US, and then received an email from the airline saying that I might be denied entry if I don’t have a return or onward flight. Does this actually apply when you have a non-immigrant visa or is it just for the VWP and other shorter term visas? The problem is I don’t see myself returning to Australia within the year, so I didn’t book a return flight. Any experiences or feedback would be appreciated. Thanks again!!!
Doesn’t apply if you have a visa
Thanks Geoff. I’m all set then! 🙂
Hi Geoff
I am about to start a company to self employ me – as a sole proprietor – I read you how to – which is great – are you saying that it costs $3,000 to set up LCA or my own company? Or is it free?
Thanks
Gracie
Company set up. LCA is free.
Hi Geoff
Further to my previous query. In order to start my company to employ myself does it have to be LLC or C-Corp- Cannot it not be sole proprietor and so further to this – are there fees involved.
Thank you
Gracie
LLC or C-corp. LLC is cheaper. If it is just sole proprietor you’ll likely be rejected – you need to demonstrate an employment nexus, ie, you can be fired.
Hi Geoff
Further to my query on LCA and LLC..
I think I am confusing my LCA and my LLC. How much does it cost to set up a LLC – i.e. a company?
Thank you
Very appreciated
Gracie.
Geoff
Further to my previous email, after a bit of web browsing I see why I would now I would do Delaware – since they have different tax laws. So if my address is New York and my company is Delaware LLC registration does that may a difference? I see that NYC is LLC is around $2,000+
Thanks
Gracie
Your company will be Delaware incorprated and you’ll likely need to get a NYC business license
Hi there all
Now I am wondering if anyone has good Delaware registered agent they can recommend? Is it something that can be shared here in the public sphere or is it best kept private….
Very best again
Gracie
They’re all very forgettable – Google search purchase
One more question Geoff, with my approved E3 visa, do I need to take any documentation on the plane with me, such as the offer letter, LCA, etc, etc…. Will the border people ask for anything again or are you set to just go through at this point? Thanks again.
They’ll always ask questions are the border but they’re mostly coursory
I have to disagree. Take all your paperwork. If you get sent for secondary processing, they will almost certainly want to see your LCA, offer letter and any documents accompanying your visa.
Lee’s been through this more than I have – his advice trumps mine for sure.
Ok, I’ll just take everything I took to the embassy interview with me… Also what is secondary processing?
It’s like purgatory
Somewhere the first level Customs and Border Patrol agents will send you if they aren’t comfortable with processing an E-3 visa (Doesn’t tend to happen at SFO), or if there is something they need a supervisor to look at. It’s a waiting room to the side, that usually takes more than an hour to get through. Never been a problem, just time consuming.
Hi Geoff. Can’t thank you enough for the bible you have written. I followed all the steps exactly and we were granted an E3 visa in Melbourne. This includes E3D for my wife and child. I took all the paper work for my existing IT company eg financials etc. But as people have experienced I didn’t get asked For that. They did ask who has signed the LCA which was me.
However I’m unsure about the offer letter that may be asked for at the border. Since I’ve set up the US LLC and I’ve got the visa for a General & Operation Manager, will a job offer letter to hire myself and “signed by me” be acceptable at the border?
Thanks
Sumnesh
Hi Sumnesh, quick question. Did you sign your own letter of offer? What did you answer when/if they asked why you were the one who signed?
HI Luis
I’m flying to USA next month. Im still unsure whether a letter signed by myself on a company letter head works at the immigration door. But that is what my plan is.
Geoff. Do you have any recommendations on who should sign the letter in the case of starting up your own LLC.
Thanks
Sumnesh
All the stuff you need is to get a visa from the consulate – don’t try and do anything at the border after you get off a plane!
Hi Geoff.
Let me clarify. I’ve already got the visa along with family. This was processed in Mel.
My question relates to the offer letter that the border people may want to see which was the basis of getting E3. Is it ok to sign the offer letter myself to work my company.
Thanks
Sumnesh
I’ve never heard of them asking for it. I’d just print one, write whatever signature applies (whoever did the LCA) and put it in your carry on.
SOS… confused am I
I am trying to get my EIN number through the telephone system – from Australia – As I now have an LLC and I want to employ myself – am I the third party designee at the bottom of the form and do I have to fax through a signature to get my EIN number..
“Complete the Third Party Designee section only if you want to authorize the named individual to receive the entity’s EIN and answer questions about the completion of Form SS-4. The designee’s authority terminates at the time the EIN is assigned and released to the designee. You must complete the signature area for the authorization to be valid”
Sorry I am so confused
Thanks
Gracie
Hi all there in the land of LLC
Can someone let me know the following – I have just become an LLC and now I am trying to fill out my EIN document. Does anyone know what kind of entity I am when I am the owner and sole director of the company.. as it makes a difference if I can get an EIN quickly enough
Thanks
Gracie
Hey Geoff,
I have been offered a job in the recruiting/account management field and while the managerial team is very happy to have me and understands the visa requirements, their legal team is thinking that there is an issue because it might not be seen as a specialty occupation. I am unfortunately thinking I might have to employ a lawyer to really convince them. Do you have any suggestions?
Regards,
Nick
I’m not sure how to convince them, but I’ve also heard of people getting through on the E-3 when their position is to be an administrative assistant. I don’t have anything specific to change their minds though 😦
Oh okay. Would you say that this process is made a lot more difficult than it needs to be due to confusion and lack of experience that a company has with this visa? I feel like it is quite straight forward but am finding it difficult to convince US companies.
Yeah, pretty much. That is why I actually recommend people tell a white lie and say they have the right to work in the US, then say they just need the LCA filled in to do a change of employer, and then you take care of the rest yourself. It is super straight forward, but visas scare a lot of companies cause most of them are super hard, expensive and painful, and they tend to take the same attitude to getting the E3 that they’d take to the painful H1B process.
I disagree. This might give a wrong impression to the folks who are trying to get to the US. Telling a white lie might help you get ahead this time but one must remember that the LCA needs to be filed by the employer every 2 years. So it is better to get in with an employer who understands the process well and is not freaked out by it. It does not take much to explain the process to employers.
I agree 100% that this is definitely an issue all of us face/faced. Yes – there are plenty of companies that panic if you mention visa. But at the same time there are many who have also done H1B (so they understand the process). It is just the matter of finding the right employer and explaining the E3 process to them (stressing that it is nothing like H1B and that it is a LOT simpler).
I’d rather have a bird in the hand than two in the bush. If you’re an awesome employee, asking them to fill in an LCA after they’ve had two awesome years with you will be a no brainer. As someone who goes through a couple of dozen resumes a week, the sad truth is you look for reasons to disqualify people. If someone says “I need to be sponsored for a visa” in a phone interview, and I’m 99.9% of employers, I’m going to cross them off my shortlist. But, of course, it is a choice for each person to make in their own judgement.
Sorry to be hassling you with all the questions but this process is killing me. I have been offered two jobs in the recruiting field only for their HR/legal department to withdraw the offer because they don’t want to go through the visa sponsorship (even though I tried to explain it is simple). So, now I am on a time crunch considering my current visa ends in 2 months, I am desperately trying to find a job that will lead me to an E3.
What do you, or anyone who has an E3 for that matter, think is the best way to approach a company as soon as possible about the E3 without scaring them off. I know that it might not be necessary but I am even willing to have an attorney if it means the long term goal of staying here.
Thanks again.
Just lie.
I can say that they only need to fill out the LCA, however, they tend to ask more questions, especially when i say i have to go home to the consulate.
You just need to go to Canada or Mexico. Do it on a weekend. If people change employers the same rule applies.
I thought they were very strict on not allowing you to go to Canada/Mexico?
Not anymore – when I first wrote the blog post that was true
Hi all, I’m currently on an E3 (my first one) but have just created my own LLC here and want to switch and sponsor myself. The process in Sydney for my first E3 was relatively simple, however what’s your experience with changing employers, the i-129 form and the interview? Will i need to prove my education, skills etc all over again? Also, as it’s a new business how much research will the US consulate do into my new company?