Now the question is on an E3 visa is it feasible to work on W2 hourly basis. Ask a lawyer - it's free! You will need to have a job offer from an employer for a specialty occupation and meet the other requirements of the E-3 visa. You can work on an hourly basis or on a salaried basis.
What is an E-3 visa and how does it work?
The E-3 visa is a visa category established in 2005, specifically for allowing Australian citizens to live and work in the United States in a specialty occupation. E-3 visas are valid for up to 2 years.
Can a spouse of an E3 visa holder work in USA?
Under the E3 visa, your spouse and children (unmarried, under 21 years of age) can enter the US as your dependents. Your children can attend school in the United States. Additionally, your spouse can apply for the Employment Authorization Document (EAD). The EAD enables him/her to lawfully work.
What happens if I change my employer on an E3 visa?
If you change worksites, a new LCA and amended petition must be filed. If you change employers, you must either submit a change of employer petition or a new E3 visa application at a US consulate. If your employment stops prior to the expected date, you can stay in the United States until your status ends or 60 days is up, whichever is shorter.
How do I apply for a concurrent E-3 visa?
(a) apply for a concurrent E-3 Visa at the Consulate, which requires 2 sets of paperwork (2 LCAs, 2 employment offers), in which case you may work for both employers upon admission to the United States or
Can you have a second job on an E-3 visa?
Foreign nationals admitted on an E-3 visa may work for multiple employers provided that each employer applies for a concurrent E-3 visa. E-3 professionals may also change jobs or “transfer” their E-3 visa to a new employer at any time.
Is E-3 visa tied to employer?
No, unlike the H1B, the employer in the United States is not required to submit a petition to USCIS as a prerequisite for the E3 visa. However, the employer must obtain a Labor Condition Application (LCA), from the department of labor by filing form ETA Form 9035.
Can you work part-time on E-3 visa?
Full-time or Part-time for E-3 Status You may apply for an E-3 visa for a full-time position or a part-time position. Generally speaking, any position requiring less than 35 hours per week would be considered a part-time position.
What is E-3 visa can they work in USA?
An E-3 nonimmigrant worker's spouse and unmarried children under 21 years of age are entitled to dependent E-3 classification. Children of E-3 workers may not be employed in the United States. Spouses of E-3 workers in valid E-3 or E-3S status are considered employment authorized incident to status.
Can I buy a house on E-3 visa?
Can I buy a house on an E-3 Visa? You can buy a house on the E-3 Visa, but it can be challenging to establish the credit necessary to secure a mortgage.
Can you convert E-3 visa to green card?
Due to the fact that the E-3 visa does not tolerate immigrant intent or dual intent, many E-3 individuals have the mistaken belief that they cannot pursue a green card while on an E-3 visa. The fact is an E-3 visa holder can pursue a green card under the right circumstances.
Can E-3 visa work on fulltime?
There is no limit on the total time you may stay in the US in E-3 status. Therefore, there is no specified number of extensions a qualifying E-3 worker may be granted. Your E-3 visa status can be renewed indefinitely.
How do I change jobs on E-3 visa?
There are two ways to transfer E-3 employment from one employer to another: By applying directly at a US Consulate abroad for a new E-3 visa stamp; or. By applying in the US through the service center for a change of employer.
How long is E-3 visa valid?
Answer: The E3 visa is valid according to the validity period of the LCA. Additionally, it has a maximum validity of 24 months, after which the validity must be renewed.
Can I change employer on E-3 visa?
You can change employers on an E3 visa, but you will need to complete a transfer process through the USCIS. You will need to consult your immigration lawyer during this process, because a nonimmigrant worker petition is required.
Is E-3 visa permanent?
The E-3 visa is a temporary work visa. You must show that you are only in the United States temporarily. Therefore, you are not a Legal Permanent Resident (LPR) if you have E-3 status or an E-3 visa.
What is an E-3 visa?
The E-3 visa is a visa category established in 2005, specifically for allowing Australian citizens to live and work in the United States in a speci...
Who is eligible?
To be eligible to apply for an E3 visa you must be an Australian citizen who holds a valid Australian passport. The applicant must have attained ei...
What are the requirements for an E-3 visa?
You must be an Australian citizen and holding a valid Australian passport. You must have a job offer from a U.S. employer. As the applicant, you mu...
How to apply
Arrange a job offer from a U.S. employer who is willing to sponsor you for the E-3 visa. The U.S. employer or your legal team file the required Lab...
How much does an E-3 visa cost?
Currently, the E-3 visa fee application fee is $205 USD per application. This fee is charged by the U.S. Consulate for the E-3 applicant as well as...
What is the processing time?
Typically, we estimate E-3 visas can be approved anywhere from 6-8 weeks, from case initiation to the receipt of the E-3 visa. Processing times can...
Can an E-3 visa holder apply for a green card?
Applying for a green card, or Legal Permanent Residency in the United States again requires sponsorship. Either a U.S. employer or an immediate rel...
Do you need an E-3 Visa lawyer to apply for an E-3 visa?
Most successful E-3 applications engage a U.S. immigration lawyer for assistance to prepare all the required documentation, obtain the required cer...
What is an E3 visa?
The E3 visa is a for Australian citizens who will perform a “specialty occupation” in the United States. To get the E3 visa, you must: be a citizen or national of Australia, have a job offer that requires at least a bachelors, have a bachelor’s degree or equivalent, and.
How long is an E3 visa valid?
An E3 visa is valid for up to two years and you can apply for unlimited extensions. These extensions do not count towards the 10,500-visa annual limit. As long as you fulfilled all the E3 conditions, your E3 visa status can be renewed indefinitely.
How long does it take to get an E3 visa in Vermont?
All E3 change of status petitions are filed at the USCIS Vermont Service Center. Here, the processing times can vary between 4 and 8 months. Alternatively, visa applications depend on the consulate’s availability. These can vary from a few days to weeks. Some of the other influential factors is the time of year you submit your application and the documents you provide.
What documents are required for E3?
These documents include, but are not limited to, a support statement from the US company where you will work and the LCA.
Is the E3 visa good?
The E3 is a great visa option for Australian citizens. You should now have a much stronger understanding of the various aspects of the E3, including the benefits, requirements, and process.
Can an E3 visa be granted in Australia?
You will then schedule a meeting with a US consular officer. Consular officers in Australia, as well as many countries particularly in Europe and Canada, can grant E3 visas.
Is E3 faster than E3?
This means you are ineligible to apply for a “change of status” inside the United States. Consular processing is faster than applying for E3 status inside the US. The E3 is not eligible for premium processing. it is much faster than a change of status petition.
What is an E visa?
The E visa category includes treaty traders and investors who come to the United States under a treaty of commerce and navigation between the United States and the country of which they are a citizen or national. This category also includes Australian specialty occupation workers.
What is an E-2?
Treaty investors (E-2) invest a substantial amount of money and direct the operations of an enterprise they have invested in, or are actively investing in. Australian specialty occupation workers (E-3) perform services in a specialty occupation. See U.S. Department of State's Treaty Countries for a current list of countries ...
What is E-1 or E-2 classification?
E-1 or E-2 Classification as an Employee of a Treaty Trader or Treaty Investor. To qualify for E-1 or E-2 classification, you must: Be the same nationality as the main alien employer (who must have the nationality of the treaty country); Meet the definition of “employee” under relevant law; and.
What is E-2 investment?
Treaty investors (E-2) invest a substantial amount of money and direct the operations of an enterprise they have invested in, or are actively investing in.
Can an Australian trader get an E-1 visa?
Eligibility. Before entering the United States, treaty traders or investors and Australian specialty occupation workers must apply and receive an E-1, E-2, or E-3 visa from a U.S. consulate or embassy overseas. A U.S. company may also request a change of status to E-1, E-2, or E-3 for a nonimmigrant that is already in the United States.
Who is eligible for the E-3 Visa?
To be eligible for the E-3 Visa, there are a few general requirements that must be met:
How much does the E-3 visa cost?
The E-3 Visa costs $205 USD when applied for via a U.S. consulate abroad. If approved without administrative processing, Australians can have their E-3 Visas in their passports within 3-5 business days of attending their appointment.
How long does the E-3 Visa take?
The E-3 Visa process typically takes around 4 to 6 weeks. There’s a number of dependencies such as how long it takes you to pull key documents together, embassy appointment availability etc. When renewing or changing employers internally, an additional Premium Processing fee can be paid to ensure you receive a response on your E-3 Visa application within 15 days.
What is a specialty occupation for the E-3 Visa?
The specialty occupation requires theoretical and practical application of a body of highly specialized knowledge and the attainment of a bachelor's or higher degree in the specific specialty, or its equivalent, as a minimum for entry into the occupation in the United States.
Can I buy a house on the E-3 Visa?
You can buy a house on the E-3 Visa, but it can be challenging to establish the credit necessary to secure a mortgage.
What happens if my US citizen partner and I have a child while I'm on an E-3 Visa?
The child is automatically a US citizen. You can also register the birth with the Austral ian Consulate.
Can my E-3D dependents attend U.S. schools?
Yes ! In fact, E-3D spouses and children may even attend U.S. universities. However, if they hold E-3D status while in school, they will not have access to the same employment-related opportunities that come with F-1 student status (e.g., post-completion Optional Practical Training). Likewise, E-3D children who are in U.S. universities who reach 21 years of age must switch to F-1 to continue their studies (or, as alluded to above, accept certain types of employment).
What about cash jobs on an E3 visa?
I’m always a little shocked when people openly ask me this because I don’t think everyone understands what a “cash job” is… it’s skirting the US tax laws and not declaring income (from both the employer and employee).
Can I work for a company in Australia or overseas?
While this does enter a slightly more gray area, it’s still not allowed. Yes, even if you’re using an overseas bank account, and an overseas business number and your clients are all overseas.
Can I freelance on an E3 visa?
Nope. This is still income derived from the U.S. and it cannot be done.
E-2 Visa and W2 Employment
Hello World, I work as a computer consultant for large scale businesses and usually earn a good living with it. I switched to an E2 visa as soon as I become an independent contractor and originally my earnings were good enough to sustain me on this basis. But right now business is extremely slow (no recovery in sight here) and so I'm eager for every project which comes along my way. Right now I'm being overed a 4 weeks gig in Florida which would pay me enough to get me through this rough spot. But because of the short duration the agency is only willing to hire me on a W2 basis, and last thing I remember W2 is an "employee" based work form. Thus I'm afraid I might run awfoul of US immigration/visa law if I'd accept a W2 based work arrangement with my E-2 visa. This is a real bummer for me, as I'd be the perfect fit for this project, but with E-verify and the current "alien hysteria" going on, I don't want to end up in a world of hurt because I strayed from the purity of 1099 based work arrangements. Anybody know what the legal details here are and if there is any chance for me to grab this position after all?.
Re: E-2 Visa and W2 Employment
It's my understanding that if you switch to W2 employment, you will forfeit your E2 Visa. You'd do well to speak with an immigration attorney in your area to doublecheck, though. First consultation is usually free.
Re: E-2 Visa and W2 Employment
It's my understanding that if you switch to W2 employment, you will forfeit your E2 Visa. You'd do well to speak with an immigration attorney in your area to doublecheck, though. First consultation is usually free.
Can an E-2 investor work at a USCIS office?
Generally, E-2 investors and employees are only permitted to work at the E-2 company that was registered at a U.S. Consulate or approved by United States Citizenship and Immigration Services (USCIS) at the time they applied for the E-2 visa.
Can an E-2 employee work for a subsidiary?
This means that in certain circumstances, E-2 investors and employees can work for a subsidiary of the E-2 parent company without filing an amended petition. Since the regulations require that any subsidiary company must have independently qualified for an E-2 at the time the status was granted, if a company wants their E-2 employee to work for one of their subsidiaries they will need to plan ahead. During the application process the applicant will need to demonstrate that the subsidiary company or companies meet all the E-2 requirements, including having a treaty country nationality, making a substantial investment, showing a legitimate source of funds and all other E-2 requirements. For a full list of E-2 requirements, click here. The job duties at the subsidiary company will also need to be consistent with the job that the E-2 employee performed at the parent company.
