How to Start a Company in the US With an E3 Visa

how to start a company in usa with e3 visa

As one of the world’s strongest economies, the United States offers many advantages to entrepreneurs who can successfully navigate its complicated system. Unfortunately, foreign nationals may find it challenging to materialize their business ideas here as many believe obtaining a green card or visa prior to starting up their venture is required by US law.

There are various options for entering the US, such as an E3 visa. Before pursuing this path, however, several considerations should be kept in mind. First and foremost is understanding that an E3 visa only permits employment with your sponsor employer; no side projects (blog or freelance consulting work for example) can bring active income under its auspices.

For an E3 visa, it is necessary to possess a bachelor’s degree or higher in your specialty occupation and have been offered employment that requires this level of education and pays at least the prevailing wage for your occupation. If this criteria cannot be fulfilled by your employer, other visa options may be available to you, such as L1 and E2.

Initial E3 visa duration periods typically last two years and you can extend them indefinitely without counting them against your annual limit of 10,500 visas. You also have the option to choose premium processing, which expedites adjudication by USCIS.

Apply for an E3 visa either within the US or at one of its consulates abroad. Applying at a consulate abroad may be expedient if you plan on traveling soon – as applying at this level can often be much faster than applying for change of status inside.

To apply for an E-3 visa with USCIS, complete Form I-129. This form includes statements of eligibility and evidence that your job falls within one of the specialty occupations that meet E-3 criteria. Furthermore, proof must also be provided from an eligible E-3 employer located within the US. If unsure if you meet requirements, consult a lawyer as they can advise accordingly.